Family Law AssociationThe Law Society of Scotland
Glasgow 0141 375 1222

Administrative Review Lawyer

Administrative Review is a process whereby an applicant whose application for entry clearance or leave to remain has been refused by the Home Office or UK Visas & Immigration (UKVI) and has the option to request for the refusal to be reconsidered on the grounds that Home Office caseworker has made a case-working error in reaching a decision on the application.

Administrative Review is available where an eligible decision has been made, currently when an in-country Tier 1, Tier 2, Tier 4 and Tier 5 application made is refused, or where the application is granted but a review is requested of either the period or conditions of leave granted.

The refusal of the following applications made from inside the UK will result in refusal being challenged by way of Administrative Review from inside the UK:

  • Tier 1 and Dependants of Tier 1 Migrants
  • Tier 2 Migrants and Dependants of Tier 2 Migrants
  • Tier 4 Students and their Dependants
  • Tier 5 Migrants and Dependants of Tier 5 Migrants

If the Administrative Review is against a refusal of an in-country application, then this must be submitted to the Home Office within 14 days (7 days if the applicant is in detention) of the date of receipt of the refusal letter.  The review of the refusal will result in either the Home Office seeking to maintain the refusal or withdraw the reasons for refusal and thereafter issue a grant.

If the Administrative Review is from outside the UK, then this must be submitted to the Home Office within 28 days of the date of the receipt of the refusal letter.  Once received by the Entry Clearance Manager at the British Diplomatic Post (the British Embassy/High Commission/Consulate) the decision will be reviewed and will result in either maintaining the refusal or withdrawing the reasons for refusal and agreeing to issue the entry clearance.

Where the decision to refuse has been maintained by the Home Office or the UKVI as a result of the Administrative Review, the applicant then has either an option to submit a fresh application or to challenge the refusal by submitting a Pre-Action Protocol representations before filing an application in the Upper Tribunal for permission to apply for Judicial Review.

Our immigration solicitors are experienced in Administrative Reviews and will take detailed instructions from you and advise you about the relevant and up to date immigration laws and procedures to be adopted when submitting an Administrative Review.