Administrative Review
CAN I CHALLENGE THE HOME OFFICE?
If your application has been refused or you disagree with your approval decision, it can be confusing which direction you can go in.
If you are allowed to do an 'Administrative Review' (AR) but not sure how to do it, we can help you.
Before processing the AR, it might be possible to carry out a 'Reconsideration Request', this is where you can ask for your AR or appeal to be first reviewed.
When you read the Home Office refusal letter, you could disagree with one or many of their reasons to refuse your application.
It is important to decide if the reasons are genuine, if errors made by the Home Office or an immigration rule you feel is ambiguous and should be challenged.
You should obtain legal advise to help you understand the rules and whether you have a case to challenge.
This page will explain whether you can process an AR inside or outside of the UK and explains what a Reconsideration Request is.
All will depend on how you processed your visa application to the Home Office.
Request email response or book your free 30 minute telephone consultation and see if we can help you
Reconsideration Request (RR)
What is Reconsideration Request, who can apply under this and what is the purpose of it?
If your visa application fell under a certain category type, you are permitted to register a reconsideration request.
If you applied to transfer your existing visa application to another biometric residence permit (BRP) also known as TOC (transfer of conditions'), or
transfer your settlement visa, also known as indefinite leave to remain to NTL (no time limit) or
you attempted to extend your current leave or switch your current visa status into settlement.
If the above applies to you, you can apply under 'Reconsideration Request'. This is not an administrative review
or formal appeal
but if you feel the Home Office caseworker has not followed the immigration rules or their own policies, you can challenge their decision.
You can also do a reconsideration request if your TOC, NTL or leave to remain was approved but you feel the Home Office has issued you a wrong expiry date.
You can also make a request if your TOC or NTL application was refused and you have any of the following:
- new evidence about the date of the application or
- new evidence to prove that your documents were authentic or
- evidence that information received by the Home Office before the decision date was not available to the team who made the decision.
You cannot apply for this if you make a fresh application, approved a visa in a different category, left the UK and your permission has expired, you were removed or deported from the UK or, exhausted your right of appeal or lost a judicial review.
How do I process a Reconsideration Request?
You can only apply for this by writing a letter and explaining why you think your decision is wrong.
You must write to the Home Office caseworker or their team who processed your application.
Administrative Review (AR)
What is a AR and should I apply or should I just apply for a new visa?
If your visa application was refused and you applied from outside the UK, you can do an AR if you meet the guidelines. We have listed below who can apply under the AR.
If you decide to do a AR, another Home Office official will look at your visa application and decide whether the previous caseworker correctly processed your application.
AR outside the UK
If the Home Office visa refusal letter states the following:
- You are applied for your visa outside of the UK
- You are currently living outside of the UK
- Your visa was refused on or after 6 April 2015
- You do not have the right of appeal
- Your visa application was not a visitor visa or applied under short-term student visa.
You must apply for your AR within 28 days of your application was refused.
If you need to download the AR form,
click here. If you prefer to do your AR yourself, you can get free guidance here.
AR inside the UK
You can also do a AR if your visa application was successful, but you feel your leave to remain in the UK was incorrectly issued or, your conditions prohibit you from working in the UK.
You can only do the AR from inside the UK if:
- Your visa application was refused or
- Your visa was approved, but you are not happy with the decision
How do I know if I can do an AR?
In your visa refusal letter it will either say you can do an AR or Appeal. If the letter states AR then you can apply.
The AR form can be submitted whilst in the UK or from abroad.
Visa Cancelled at Border Control
When I tried to enter the UK, my visa was cancelled by border control and I was denied UK entry or given temporary admission.
If your visa was cancelled when you attempted to enter the UK or you were given temporary permission to enter to allow you to sort some things out, you will receive a letter outlining your options if it can be reviewed, it will all depend why your visa was cancelled.
Cancelled visas can only to be reviewed if the visa was cancelled under one of these:
- There has been a change in your circumstances or
- you gave false information or
- you failed to include relevant facts.
If the above, strongly advise get legal advice.
If you were given temporary permission to enter the UK, you can do your AR within the UK. If you were denied UK entry, you must do your AR outside of the UK.
What if your visa was cancelled at border controls outside the UK?
You must apply for an AR within 28 days of your visa being cancelled in any of the following cities:
- Paris
- Brussels
- Dunkirk
- Coquelles
- Calais
- Lille
New Visa Application
I considered my options under AR and feel I prefer to make a fresh application instead, can I?
If your visa refusal letter states you have the option to make a fresh application, this is an option you have.
As the AR does not permit new evidence unless the Home Office requests it, if you failed to provide the Home office in your original application the document evidence in the right format or the evidence was not complete or in accordance to your application, the AR may be difficult to win.
Every visa refusal will be different, every application is likely to be unique so why not contact us and we can assess if your AR has any chance before spending any further money.
I want to apply for a new visa
If you are 100% sure you want to apply for a new visa, this can be under the same visa route or you prefer to switch into another category, we will advise you where you went potentially wrong in your previous application, consult the client whether they can provide the evidence required, if not, what other evidence can be submitted.
We will complete your new visa application form, prepare for you a visa support letter that is sent to the Home Office caseworker explaining why you preferred to make a fresh application over an AR, prepare a check list of evidence to submit with your new application and after care letter outlining your rights and options.
