A Complete Overview of UK Administrative Review

An Administrative Review is a formal mechanism that allows applicants to challenge certain immigration decisions made by the Home Office. It is intended for individuals who believe their visa or immigration application was refused due to a case working error.

Unlike an appeal, an Administrative Review is not a re-hearing of the case. Instead, it involves a separate Home Office caseworker, who was not involved in the original decision, reassessing whether the decision was made in accordance with the immigration rules and policy guidance.

If an error is found, the decision will be reconsidered based on the correct legal and procedural criteria. This can sometimes result in the decision being overturned; however, in some cases, a new refusal may be issued for different reasons.

The Administrative Review process is designed to ensure accuracy, fairness and accountability in immigration decision-making. It applies only to certain categories where a right of appeal is not available.

The review focuses exclusively on whether the Home Office made an error when applying immigration rules, it does not involve a reassessment of the applicant’s personal circumstances or new evidence unless specifically requested by the Home Office.

An applicant can request an Administrative Review only if they have received an ‘eligible decision’, as stated in their refusal notice. Eligible decisions typically arise from applications made under specific Immigration Rules Appendices, including:

• Appendix ECAA: Extension of Stay
• Appendix Student, Short-term Student (English Language), Child Student, Parent of a Child Student
• Appendix Graduate
• Appendix Skilled Worker
• Appendix Global Business Mobility Routes
• Appendix T2 Minister of Religion
• Appendix Representative of an Overseas Business
• Appendix UK Ancestry
• Appendix Global Talent
• Appendix High Potential Individual
• Appendix Scale-up
• Appendix Start-up and Appendix Innovator Founder
• Appendix International Sportsperson
• Appendix Domestic Workers in a Private Household, and Domestic Worker who is a Victim of Modern Slavery
• Appendix Temporary Work (all subcategories)
• Appendix Youth Mobility Scheme
• Appendix Hong Kong British National (Overseas)
• Appendix Bereaved Partner and Appendix Victim of Domestic Abuse
• Appendix Statelessness
• Tier 1 Migrants under Part 6A of the Points-Based System
• Appendix HM Armed Forces (subject to conditions)
• Appendix International Armed Forces and International Civilian Employees
• Appendix Gurkha and Hong Kong military unit veteran discharged before 1 July 1997

The right to request an Administrative Review will always be clearly stated in the refusal notice issued by the Home Office or Border Force.

There is a fee of £80 to submit an Administrative Review application.

Refunds are available only if:

• The application for review is rejected as invalid; or
• The review results in a successful decision, granting leave to remain or entry clearance.

If the refusal is upheld, the fee will not be refunded. Refunds are usually processed within three weeks of the review decision date.

Strict time limits apply and applicants must act promptly:

• In-country applications: The Administrative Review must be submitted within 14 calendar days of receiving the refusal notice (or seven days if the applicant is detained).
• Overseas applications: The deadline will be specified in the entry clearance refusal notice.

Failure to apply within these deadlines may result in the application being rejected as out of time, unless there are exceptional circumstances.

Once submitted, the review will assess whether a caseworking error occurred. Possible outcomes include:

• Decision overturned: If an error is identified, the decision may be changed, and leave or entry clearance granted.
• Decision maintained: If no error is found, the refusal stands.
• Decision substituted: A new refusal may be issued on different grounds.

If the Administrative Review is unsuccessful, the applicant must leave the UK once the review decision is received, provided they do not have any other valid immigration permission.

In certain cases, if the applicant believes the process was legally flawed, they may consider pursuing a Judicial Review.

Where an applicant has paid the Immigration Health Surcharge (IHS), it will not be refunded while an Administrative Review is pending or during the period in which an in-time review can be submitted. The IHS remains valid throughout the review process until the final decision is made.

Applicants overseas who receive an entry clearance refusal under an eligible immigration route may also apply for an Administrative Review.

Eligible routes include:

• Appendix Student and Short-term Student (English Language)
• Appendix Child Student and Parent of a Child Student
• Appendix Skilled Worker and Global Business Mobility Routes
• Appendix T2 Minister of Religion and Representative of an Overseas Business
• Appendix Global Talent, High Potential Individual, Scale-up, Start-up, and Innovator Founder
• Appendix International Sportsperson
• Appendix Overseas Domestic Worker and Temporary Work routes (all subcategories)
• Appendix Youth Mobility Scheme
• Appendix Hong Kong British National (Overseas)
• Appendix Bereaved Partner, Victim of Domestic Abuse, and Returning Resident
• Tier 1 Migrants (Part 6A)
• Appendix HM Armed Forces (subject to conditions)
• Appendix International Armed Forces and International Civilian Employees
• Appendix Gurkha and Hong Kong military unit veteran discharged before 1 July 1997

The entry clearance refusal notice will specify whether an Administrative Review is available and outline the steps to apply.

Although the Administrative Review process is designed to be straightforward, it can be complex in practice. A well-prepared submission should clearly identify the alleged caseworking error and refer to relevant sections of the immigration rules and policy guidance.

Seeking professional immigration advice can significantly improve the chances of success by ensuring that the application is accurate, timely and properly reasoned.

The Administrative Review process serves as a crucial safeguard in the UK immigration system. It ensures that Home Office decisions are made fairly and in line with the law. Applicants should carefully review their refusal notice, comply with deadlines and consider obtaining expert advice to ensure that their rights are properly exercised and protected.

With over 20 years of experience and a steadfast commitment to excellence, Morgan Smith Immigration is your trusted partner for all UK immigration matters. If you are ready to turn your innovative idea into a successful UK-based enterprise, contact our team today for tailored advice and end-to-end application support. For any enquiries or assistance, call us at 0203 959 3335 or email [email protected].