Administrative Review – Home Office
Administrative Review – Home Office
An application for a Home Office Administrative Review may be lodged under specific circumstances. This is a request that the initial application be given another look by a separate Home Office team, one that is not connected to the original decision-makers.
Your decision letter will let you know if the matter qualifies for administrative review. In general, applications for sponsorship licences and visas in Tier 1, Tier 2 and Tier 5, Investors, Start-ups, Innovators, and ILR on a points-based immigration path are eligible for Administrative Review. If there is no right of appeal, only the Home Office’s decision based on “unconsidered evidence” may be challenged through administrative review.
The applicant must meet all of the following requirements in order to request an administrative review if they are located outside of the UK:
- The employee/worker is outside the UK
- They applied outside the UK
- Their application was refused on or after 6th April 2015
- They do not have a right of appeal against the refusal
- They did not apply for a short-term student or a visitor visa (except in S2 Healthcare Visitor visa applications). There is a separate way to request a Home Office Administrative Review for these applications.
After receiving the decision letter, you have 28 days to request an administrative review. This application should be submitted in the manner noted in the letter of refusal, i.e. online, via mail or in person. An administrative review costs £80 to conduct.
The Home Office must receive a detailed response outlining the problems and the reasons you think the decision-making process was flawed. Take guidance for your circumstances to determine whether additional documents are necessary and how they should be structured and delivered. Additional documents might not be needed as the application is to evaluate the current submission.
The Administrative Review can result in one of four outcomes:
- After a successful review, the Home Office judgement is withdrawn.
- If the review is not successful, the original judgement will continue even though one or more of the original justifications have been withdrawn.
- The review is not successful, and the original judgement is upheld with new or different justifications from those stated in the original decision. Under these conditions, Administrative Review could be permitted in accordance with the revised grounds for the decision.
Seek guidance on your options if the Administrative Review is unsuccessful, which may include elevating the situation to judicial review.
How can NA Law Solicitors help?
At NA Law Solicitors, our expert lawyers are available to assist you throughout the entire administrative review process. They will guide you through every step to help you reach the positive outcome you are looking for. Contact us today.