UK Administrative Review !! How to File Correctly

UK

UK Administrative Review !! How to File Correctly

This Article Provides an Overview of The Administrative Review for UK Visa And Immigration Refusal Decisions.

Administrative Review

An Administrative Review or AR is a mechanism for reviewing refusal decisions on applications, where an applicant thinks an error has been made in the decision of the refusal of their application. Also, the AR is a non-statutory scheme, and there is no legislation.

The Time Limit for An Administrative Review

An applicant can file an Administrative Review within 28 days after receiving the refusal notice of an entry clearance application. And within 14 days after BRP or the refusal notice of an in-country or a decision at the United Kingdom borders.

The Success Rate of Administrative Review

The success rate for in-country is 22%, entry clearance is 8%, and at the border administrative review is 21%.

Types of Applications Eligible for An Administrative Review

The types of applications eligible for an administrative review are:

  1. In-Country Applications Entry Clearance Applications
  2. Border Decisions

Decisions concerned cancellation of application to enter or remain at the border due to false representations, change of circumstances, and failure to disclose material facts are eligible for an Administrative Review at the border.

However, if a person signs the administrative review waiver form, then he loses the right to apply for it. Sometimes a person whose visa is canceled at the border may want to go back to his country and leave the United Kingdom border. However, in such circumstances, the right to file an AR is a barrier to departure. Therefore, the person can choose to remove this barrier by waiving her/his right to an AR. Hence, an AR is no longer pending when the passenger signs a waiver form.

If an individual has signed an administrative review waiver form, then they cannot subsequently make an Administrative Review request. Also, an applicant cannot use the Administrative Review waiver form if she/he has already made an AR application. Therefore, an applicant must withdraw the application if she/he does no longer wants to continue the AR process.

The Time Limit for An Administrative Review?

An applicant must file an AR within 28 days after receiving the refusal notice for an entry clearance application. And within 14 days after the biometrics residence permit (BRP) or refusal notice of an in-country or a decision at the United Kingdom borders. The time limit for filing an AR is only seven calendar days if an applicant is detained.

Can an Applicant Submit A Late Administrative Review?

If the applicant sends a late request for an Administrative Review, then the Home Office may consider it if there are exceptional reasons to accept the application after the deadline has passed. Moreover, if the Administrative Review request is outside of the 14- or 28-day period and the reviewer decides not to accept the request, then he will return the request notice along with a letter explaining why the request was rejected.

Payment Exemptions

The following types of applicants are not required to pay for the administrative review:

  • Applicants who were exempt from paying the original application fee
  • The charge for the initial application was waived
  • The applicant previously applied for AR concerning a decision on the same original form, and the outcome of the review was that the original decision was maintained, but for additional or different reasons to those in the original decision.

Refunds

If the AR of the UK visa is successful and overturns the original decision- i.e., an applicant gets a permit, then the Home Office refunds the fee generally within 3 to 4 weeks. Perhaps, an applicant also receives a refund in granted cases, where the outcome of an Administrative Review is that the initial grant of consent was issued for the wrong time, or subject in the unsuitable conditions. An applicant also gets a refund if the Home Office rejects Administrative Review as invalid.

How to Apply for An Administrative Review?

An applicant receives an AR Request Notice with the refusal notice. An applicant has to complete the Request Notice and send it to the address stated on the Request Notice. Perhaps, in most cases, an application can apply for an administrative of United Kingdom visa online.

Additional Documents

Applicants are not permitted to send any additional documents like a passport or any supporting documents along with their request. However, if the reviewer has subsequently overturned the decision, he will inform the applicant to send their passport for the affixation of the visa vignette.

Can an Applicant Request for An AR More Than Once?

Perhaps, in many cases, an applicant can request only one AR of UK visa refusal decision. Therefore, any more requests for the same decision are not possible. But, if the reviewer upholds a refusal but with different refusal reasons, then an applicant can request for an AR of UK visa on new refusal grounds. Also, if an applicant has new or further documents, information, or other paperwork that an applicant failed to submit with the original application, they must reapply and pay the appropriate application charges.

Administrative Review Processing Time

The service standard for AR processing time is 28 calendar days from the date the request from the applicant is received. However, if the reviewer is unable to complete the process within 28 days, then it may generally notify the applicant.

How the Reviewer Makes A Decision?

The reviewer undertakes an administrative review of a UK visa in the light of the request and checks and reviews the original application for:

  1. The Correct Award of Points
  2. Proper Verification of The Documents
  3. The Accurate Assessment of The Supporting Documents

A reviewer may overturn the decision if the decision-maker has:

  1. Failed to Consider Evidence, Submitted with The Original Application Properly
  2. Failed to Apply the Immigration Rules Correctly
  3. Made A Mistake in Processing the Application
  4. Was Unable to Give Adequate Reasons for Refusing the Application. In This Case, The Reviewer May Recommend Revoking the Original Decision and Also Serve A New Refusal Notice That Contains A Full Explanation for The Refusal.

However, even if a reviewer recommends revoking a decision, an applicant may still get a refusal with new grounds. Moreover, a reviewer may certainly not support overturning the original decision only because an applicant believes that there is a fault with the Home Office’s underlying policies and processes.