Update: Tier 1, 2 and 4 visa categories have been updated following Brexit.
Each Tier is now known as:
- Tier 1 – innovator, global talent or graduate visa
- Tier 2 – skilled worker or intra-company transfer visa
- Tier 4 – student visa
How to make an Administrative Review application
There is no right to appeal a negative decision on applications for a points-based visa (Tier 1, Tier 2 and Tier 4). However, if an application has been refused, the decision may be challenged by submitting an administrative review application.
The administrative review procedure involves a review of an unsuccessful procedure by a different Home Office official who will re-examine the errors that the applicant alleges were made during the initial assessment.
A negative decision may be overturned if the review of an application reveals that an error of law was made when the application was assessed and rejected in the first instance.
This should not be confused with appealing, which is a procedure by which the legality of a decision is assessed by a judge whereas administrative review is an entirely internal Home Office procedure.
What happens when a decision is made in respect of an Administrative Review application?
The Home Office usually takes 28 days to consider an application for Administrative Review. Once a decision is reached, the Home Office will inform the applicant in writing with one of the following outcomes:
- Application refused – claimants can now either make a fresh application or apply for judicial review if there is sufficient merit
- The Home Office has admitted an error of law and has decided to grant the requested Leave
Is an Administrative Review application appropriate?
Individuals may decide to submit an application for Administrative Review if they believe that their application was wrongly decided; for example, because the case worker made an error of law. This can be due to a number of reasons, such as:
- The application was incorrectly deemed to have been submitted out of time
- The application was incorrectly refused on the basis of overstaying, breach of visa conditions or on the basis of deception
- The application was not considered correctly in the context of the immigration rules
- The principle of evidential flexibility was not applied
How can NA Law Solicitors help with an Administrative Review application?
Due to the high rate of failure of Administrative Review applications, it is important that individuals seek prompt legal advice at the outset. NA Law Solicitors are experts in immigration law and will advise you on the most appropriate action to take.
If you have received a negative decision on your Tier 1, 2 or 4 visa application that you wish to challenge, it is imperative that you seek legal advice straight away.
Get in touch for an initial case assessment to discuss your visa application and how we can help you find a solution if your application has been rejected.