Now open on Saturdays (consultations & new clients only)

  • 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.