What is an administrative review?

Following a visa refusal, you may be able to apply for an administrative review. An administrative review process is a review of your visa application, carried out by a different Home Office official. New evidence cannot be submitted in support of an administrative review so this is only a suitable option if you believe that you submitted all the correct documentation but the Home Office made a mistake in refusing you a visa.

You may also apply for an administrative review if you have received a successful decision on your visa application, but you notice that your Biometric Residence Permit contains errors, such as:

  • incorrect period of leave to remain or
  • incorrect conditions, eg incorrectly prohibiting you from working in the UK.

An administrative review can be carried out for applications made in the UK or overseas.

How will I know whether I am eligible to apply for an administrative review?

If your application for leave to remain is refused, you will receive a refusal notice from the Home Office. The notice will tell you why your visa was refused and will tell you whether you have the right to an administrative review of the decision. It should direct you to the Home Office website for information about Administrative reviews. Please note that having the right to an administrative review is different to having sufficient grounds to challenge the caseworkers decision.

The visa refusal was my fault. My application did not meet the Tier 4 requirements. Can I make an administrative review?

No. An administrative review can only be submitted if you suspect a casework error, or your BRP contains errors.

The caseworker made a mistake. My visa application met all of the Tier 4 requirements. Can I make an administrative review?

Yes. If your visa application has been refused and you feel that the decision is an error made by the caseworker, you can apply for administrative review. Examples of such errors are below:

  1. Your application was incorrectly refused on grounds of deception, breach of conditions, or overstaying your previous leave
  2. Your application was incorrectly on the grounds that you submitted it more than 28 days after your previous leave expired
  3. You feel that the caseworker applied the Immigration Rules incorrectly (please speak with an immigration adviser to determine this)
  4. You feel that the caseworker did not apply evidential flexibility: Paragraph245AA(a) of the Immigration Rules. This paragraph highlights the instances where the Home Office can request missing documents if you submitted some of the necessary documents but:

(i) Some of the documents in a sequence were missing (for example, if one bank statement from a series was missing); or

(ii) A document was in the wrong format (for example, if a letter was not on letterhead paper, as specified); or

(iii) A document was a copy and not an original document; or

(iiii) A document did not contain all of the specified information.

It also contains a list of very limited circumstances in which the Home Office can exceptionally grant an application without requesting additional documents. However, this should not be relied upon.

If you feel that the caseworker has made any of the above errors when making a decision on your visa application, then you have strong grounds for an administrative review.

If you made an out of time visa application in the UK ( you applied for your new visa after your current visa had already expired), this right still applies to you.

How to apply

Meet with an immigration adviser.

If you receive a visa refusal, please seek advice from us. Often, visa refusals and administrative reviews require in-depth knowledge of the current immigration rules and policies. We can help you to interpret your visa refusal notice and advise you on the grounds to apply for an administrative review.

How to apply inside the UK:

Please see the Home Office detailed web-page which will take you to the online application form, and give you guidance on how to make an administrative review.

You should not submit any documents with your request unless the Home Office ask you to.

Can I submit an Administrative Review AND make a new Tier 4 application while I am waiting to hear the decision?

No. You cannot submit a new Tier 4 visa application if you have applied for an administrative review. If you make a new visa application whilst you have a pending administrative review, your administrative review will automatically be withdrawn.

Can I submit a new Tier 4 visa application, then submit an administrative review for the previous visa refusal?

No. Once you have submitted a new visa application, you will lose the right to apply for an administrative review on your previous refusal, even if you are within the required time-frame to submit an administrative review.

How much does it cost?

The fee for an administrative review is £80.00. This fee covers all dependants that have applied at the same time as you. If the refusal decision is overturned, then you will receive a refund.

How long do I have to make an administrative review, following a visa refusal?

14 calendar days following the date that you are deemed to have received your visa refusal notice OR

14 days from the date that you are deemed to have received your BRP card which contains errors that you need correcting.

Unsuccessful administrative review inside the UK

If your application for administrative review is unsuccessful, and the reasons for refusal remain the same, then you are not allowed to submit another administrative review. If by this time, your existing visa has expired, then you will no longer have valid leave to remain in the UK.

If you make an application for administrative review and the Home Office still refuses your application for leave, but gives different or additional reasons for their decision you will have the right to request another administrative review but you will not be required to pay the fee again.

If you think that the administrative review was not carried out correctly you may be able to apply to the Upper Tribunal for Judicial Review. This is a complicated and expensive process therefore you should seek specialist immigration advice immediately. Making an application for Judicial Review will not automatically stop the Home Office from trying to remove you from the UK.

How to apply (Outside the UK)

  • You will receive the Administrative Review Request Notice with your entry clearance refusal notice.
  • You must complete the Request Notice in full and send it directly to the address stated on the Request Notice.
  • You must not send any additional documents such as passport or supporting documents with the Administrative Review request notice. If the refusal is subsequently overturned, you will be asked to send in your passport.

Please see Annex 3 of the Tier 4 policy guidance for detailed information about how to appy for an administrative review form outside of the UK.

Can I submit an administrative review AND make a new Tier 4 application while I am waiting to hear the decision?

No. You cannot submit a new Tier 4 visa application if you have applied for an administrative review. If you make a new visa application whilst you have a pending administrative review, your administrative review will automatically be withdrawn.

How much does it cost?

There is no fee.

How long do I have to make an administrative review, following a visa refusal?

You must request administrative review within 28 days of the date that you received your refusal notice

How long will it take?

28 days. If it is going to take longer, you will be notified in writing.

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