Where an “eligible decision” as specified in Appendix AR of the Immigration Rules has been made, an administrative review may be brought. Individuals who will no longer have a right of appeal as a result of changes to the appeals system may be able to have their ‘eligible decision’ reviewed under the administrative review process.

By virtue of Immigration Act 2014, the Home Office, UKVI have removed right of appeal against refusal of certain applications made from inside the UK. The applicant in such cases has been given a right to seek Administrative Review against the refusal of the application. A request for Administrative Review must be made to the Home Office, UK Visas & Immigration (UKVI) within 14 days (7 days where the applicant is detained) after the date of the receipt of the refusal letter.

Administrative review will consider whether an ‘eligible decision’ is wrong because of a case working error and, if it is, correct that error.

Administrative review is available against the refusal of following applications:

  • Refusal of Tier 4 General student application submitted on or after 20 October 2014;
  • Refusal of Tier 1 General extension application submitted on or after 2 March 2015
  • Refusal of Tier 1 Entrepreneur application submitted on or after 2 March 2015
  • Refusal of Tier 1 Investor application submitted on or after 2 March 2015
  • Refusal of Tier 1 Exceptional Talent application submitted on or after 2 March 2015
  • Refusal of Tier 2 General application submitted on or after 2 March 2015
  • Refusal of Tier 2 ICT application submitted on or after 2 March 2015
  • Refusal of Tier 2 Minister of Religion application submitted on or after 2 March 2015
  • Refusal of Tier 2 Sportsperson application submitted on or after 2 March 2015
  • Refusal of all Tier 5 Applications submitted on or after 2 March 2015

From 6 April 2015, the appeal rights against refusal of applications have been limited further by virtue of Immigration Act 2014 and a person will only be entitled to appeal against:

  • refusal of a human rights claim
  • refusal of a protection claim, namely a claim for refugee or for humanitarian protection status
  • revocation of protection status.

Why Sunrise Solicitors For Your Request For Administrative Review?

The immigration solicitors at Sunrise Solicitors are experts in dealing with requests for administrative review. The quality of our service is self-evident from the reviews of our clients about the service provided by our immigration lawyers. You can contact us if you are seeking legal help from immigration lawyers in London in relation to your request for administrative review and our immigration solicitors will provide you fast, friendly, reliable and professional immigration service.

Our Fees For Administrative Review Request

  • We will charge you a fee from £600 + VAT for our professional immigration services in relation to your request for administrative review where an application for leave to remain has been refsued by the Home Office from inside the UK. The agreed fee will depend on the complexity of the matter and the casework involved in the matter.
  • The agreed fee will cover all our work until decision by the Home Office , UKVI on your application for Administrative Review.
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  • Administrative Review - FAQs
  • 1. For which applications, Administrative Review option is available from inside the UK?

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

    The refusal of 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
  • 2. What is the time limit for seeking Administrative Review when an application has been refused by the Home Office from inside the UK?

    A request for administrative review must be made

    • within 14 calendar days from the date the applicant received the decision on his application from the Home Office, for migrants who are not detained, or
    • within 7 calendar days from the date of receipt of the decision, if the applicant is in immigration detention.

    Applications for Administrative Review submitted after the deadline has expired are normally rejected by the Home Office. The only exception to this is where the Secretary of State is satisfied that it would be unjust not to waive the time limit and the application was made as soon as reasonably practicable. The migrant may need to provide evidence to demonstrate why the Secretary of State should decide that it would be unjust to accept the out of time administrative review application. For example, if the migrant was prevented from making an in time application because they were admitted to hospital as an emergency admission for immediate treatment and a period of recuperation, a letter from the consultant will verify the dates of admission and discharge and the nature of the emergency treatment. In this case the migrant must make the application as soon as they are well enough to do so. It would not be acceptable to further
    delay making the application. The time limit will not be waived if there is no compelling reason why it was not possible to make an in time application.

  • 3. What is the time limit for seeking Administrative Review against the refusal of a PBS application by the Entry Clearance Officer (ECO)?

    The deadline for seeking Administrative Review of a decision of an Entry Clearance Officer (ECO), where an out of country PBS application is refused, is 28 calendar days from the date of receipt of the notice of decision.

  • 4. Can I include my dependant in my application for Administrative Review?

    An applicant can only include a dependant in their administrative review request if that person (dependant) was a dependant on the original immigration application that led to the eligible decision.

    A child aged over 18 who was legitimately included in the application that is the subject of the administrative review, or
    was legitimately included but has reached the age of 18 since that date, may be included in the application.