What is administrative review of UK immigration decision
Administrative review is a formal review process where Home Office will consider whether an ‘eligible decision’ is wrong because of a case working error and, if it is, correct that error.
General rule is that no further evidence can be provided to prove your case but there are few exceptions to this.
As you may see further below, not all decisions are eligible for administrative review and it is important to check if your decision can be administratively reviewed. You must also ensure that you submit the review application in the required format and you do it promptly within the strictly prescribed time limits.
What are the eligible decisions for administrative review
The full list of decisions that can be challenged by administrative review are in the Immigration Rules. However, in a nutshell, those are the work visas and student visas refusal decisions.
There is no administrative review for visitor visa refusals.
Furthermore, the family visas refusals usually give right to Appeal rather than administrative review.
Deadline to submit administrative review
What is the time limit for applying for administrative review in country? It is 14 calendar days from the date the applicant receives the decision notice or biometric residence permit (BRP) (BUT please note that it is only 7 calendar days if they are detained).
For entry clearance decisions, 28 calendar days from the date the applicant receives the decision notice.
What is the time limit for applying for administrative review of a decision at the border? 14 calendar days from the date the applicant receives the decision notice, if the application must be made while the person is in the UK.
What fee is payable for an administrative review?
There is a fee of £80 for an administrative review. The fee is only refunded if the:
• application for administrative review is rejected as invalid
• decision on the review is to grant leave, this includes cases where the outcome of an administrative review is that the original grant of leave was issued for the wrong period, or subject to the wrong conditions.
The fee will not be refunded if the outcome of the administrative review is that the original decision is upheld. The fee should normally be refunded within 3 weeks of the date of decision.
