UK Immigration Administrative Review
If your UK visa or immigration application has been refused, your leave to enter or remain has been canceled at the UK border, or you're unsatisfied with the period or conditions of leave granted, our administrative review lawyers can help. We provide advice on whether to apply for an administrative review and challenge the Home Office decision.
This page covers the difference between an immigration appeal and an administrative review (AR), who is eligible to apply, the grounds for review, the application process, time limits, processing times, and possible outcomes.
For further information, visit our separate pages on immigration appeals to the First-tier Tribunal, Upper Tribunal, and Judicial Review.
What is Administrative Review?
Administrative review is the process of challenging a Home Office immigration decision on the grounds that it contains case working errors. However, not all decisions can be challenged in this way – only eligible decisions are subject to review.
The Home Office will reassess its decision, and if a case working error is found, it will be corrected.
Common scenarios for AR eligibility include:
- A refusal based on false documents or misrepresentations
- Incorrect application of immigration rules or policies
- Mistakes in calculating leave periods or conditions
Difference Between Administrative Review and Immigration Appeal
- Appeals: Immigration decisions eligible for appeal can be challenged through an oral hearing in the First-tier Tribunal. New evidence can be submitted, and a Judge will review the case comprehensively.
- Administrative Review: This is an internal process where the Home Office reviews its own decision for errors, with no oral hearing. The review is based on written grounds, and new evidence is rarely allowed.
Who Has the Right to Apply for AR?
Not all decisions are eligible for administrative review. However, the following are common immigration routes where AR can be applied:
- Tier 1 Investor, Entrepreneur, Skilled Worker
- Creative Worker, Religious Worker, Charity Worker
- Global Talent, Student, Graduate
- EU Settlement Scheme
However, applications under human rights claims (e.g., asylum) or visitor visa refusals cannot be challenged through AR but may be subject to other appeal processes.
Check your decision letter to confirm if AR is available for your case.
Grounds for Administrative Review
Administrative review can only be based on case working errors, as defined in the Immigration Rules. These include:
- Incorrect application of immigration rules or failure to consider evidence
- Failure to request relevant documents or miscalculating the leave period
- Incorrect findings based on false representations
If you believe an error has been made, we recommend consulting an expert for guidance.
How to Apply for Administrative Review
Applications must be made online, following the instructions in the Immigration Rules. The administrative review application fee must be paid (unless exempt). All mandatory documents must be submitted; incomplete applications will be rejected.
New evidence is only allowed if it proves the decision-maker’s error.
Time Limits
- In the UK: 14 calendar days from receiving your decision (7 days if detained)
- Outside the UK: 28 days from receiving the decision
Administrative Review Processing Times
Processing times are typically at least 6 months. During this period, your immigration status remains as it was before the review.
Application Fees
The Home Office charges a fee of £80 for the administrative review application. Fee exemptions may apply in certain cases.
Outcomes of Administrative Review
- Decision Withdrawn: If the Home Office finds an error, the decision is corrected, and the application may be approved.
- Decision Maintained: If the Home Office finds no error, the decision remains unchanged.
- Adjusted Reasons: The Home Office may maintain the decision but with revised reasoning.
- Additional Grounds: If new reasons for refusal emerge, the decision is reviewed accordingly.
What Happens If My Review Is Successful?
If the Home Office finds a casework error that affects the decision, the original decision will be withdrawn, and a new one will be issued. This may involve a change in your leave or conditions.
What Happens If My Review Is Unsuccessful?
If the Home Office maintains the original decision, there is no right to appeal the review outcome. However, in some cases, you may apply for judicial review if you believe the decision was legally flawed.
