With the changes made in the Immigration Rules, many application routes no longer have the option to Appeal the decision through Immigration Courts.
If your application is refused or the visa period is granted shorter, you can apply for administrative review and request the decision to be overturned or changed.
However, applicants in many categories still have the right to apply for an Administrative Review if they believe the caseworker has made an error when considering the application.
This error can be very clear, such as calculating a time period or missing one of the central pieces of evidence. As a result, your application can be refused due to an administrative error.
In some cases, the application isn’t refused, but the visa can be issued shorter than what has been outlined in the relevant law.
Applying for an administrative review can be interpreted essentially as requesting a review by an Administrative Review Officer of the UKVI to assess whether there was an error in the decision-making process. The Administrative Review officer will take into account any documents you have enclosed with your original application in light of your submissions at the AR stage.
What Can You Argue in Administrative Review?
Any applicant requesting an administrative review must also take into account that no additional document or information can be added to the original application for the purpose of receiving a more favourable decision from the caseworker. The arguments must be based on the evidence and information that were provided at the application stage. New evidence and information that is being provided after the decision will not be taken into account.
Due to these constraints, despite meeting the eligibility criteria for a category, an application may be denied due to a lack of adequate information and evidence in the submission. It’s important to note that many of these refusals cannot be reversed through Administrative Review (AR). Unlike court appeals, AR processes do not allow applicants to introduce new evidence or information that was not originally included in the initial application.
In such situations, it may be necessary to explore alternative options or consider submitting a fresh application. Seeking expert advice prior to making a decision can change your journey as an immigrant, help you safeguard your existing rights and ensure that if you choose to proceed with an AR, you do so with the correct preparations and arguments in place.
Steps for Administrative Review
Applying for Administrative Review for a UK immigration decision involves specific steps that should be followed carefully following the relevant procedures. After the submission of the Administrative Review, the relevant department may send emails to request further information and evidence or invite you for an interview.
Engage an Adviser: Consider engaging an authorised immigration adviser, although it’s not mandatory, to benefit from experience and increase your chances of a successful outcome.
Verify: Verifying your right to apply for Administrative Review.
Evaluate: Understand the reason for your visa refusal or the error that affects your visa rights, such as the wrong type of visa or a shorter length. Assess your chances of success with input from an authorised immigration adviser. If it is not likely to succeed at the AR, evaluate your alternatives.
Prepare: Preparation may involve gathering additional evidence or providing statements where/if necessary.
Submit: Submit the Administrative Review within the time limit, either by yourself or through your advisers.