Tier 1 Administrative Review

Administrative review of your Tier 1 (Entrepreneur) refusal

What is Tier 1 administrative review?

Administrative review is a process by which a Home Office caseworker, different to the caseworker that refused the visa, reviews the decision made to refuse it and assesses whether the rules and policies were applied in the correct manner. This is a technical internal procedure and not many are familiar with it; it should not be confused with appealing the decision.

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Although the administrative review is carried out by a different caseworker, the procedure remains in the Home Office, whereas an appeal is a legal process and the decision to refuse is made by a judge. Appeals, however, are not always available and may be an option only if you are not eligible for administrative review. You will be told in the visa refusal letter whether the option for administrative review is open to you.

The administrative review application process:

If you’re in the UK you can ask for an administrative review if:

  • Your application was refused, or
  • Your application was granted but you’re not satisfied with the conditions of your leave

You will have 14 days from receiving the Home Office refusal decision to apply for administrative review; you will have only 7 days if you have been detained. The refusal letter will tell you how to apply and it costs £80.

The review fee will be refunded only if:

  • The administrative review application is deemed as invalid
  • The decision on the review is in your favour and the initial visa is approved

Can I apply for Tier 1 administrative review and make a new application for entry clearance, leave to enter or leave to remain at the same time?

No – the administrative review will be withdrawn if you make another application for entry clearance, leave to enter or leave to remain before the administrative review decision is taken.

If you’re outside the UK (in entry clearance applications) you can ask for an administrative review if:

  • If you’re originally outside the UK, and
  • If you applied outside the UK, and
  • You don’t have a right of appeal
  • You didn’t make a human rights, visit visa or short term student application

You will have 28 calendar days from receiving the Home Office refusal decision to apply for administrative review. The refusal letter will inform you how to apply and there is no fee for overseas administrative reviews.

Can I apply for Tier 1 administrative review and make a new application for entry clearance, leave to enter or leave to remain at the same time?

No – the administrative review will be withdrawn if you make another application for entry clearance, leave to enter or leave to remain before the administrative review decision is taken.

How can NA Law help with your Tier 1 administrative review application?

As experts with a proven track record in high net-worth immigration, we can assist you from start to finish with what is known to be a notoriously difficult visa to achieve; however, with our meticulous and thorough planning, we will not submit your administrative review application until it is made to the highest possible standard.

Contact us today and get a case assessment!

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