Understanding Administrative Review in UK Immigration

Administrative Review is a formal mechanism that allows individuals to request a reassessment of a UK Home Office immigration decision, specifically when it is believed to be flawed due to one or more caseworking errors as outlined in the Immigration Rules.

It’s important to note that not every immigration decision is eligible for Administrative Review. This process is only applicable when a qualifying decision has been issued by the Home Office.

The sole basis for submitting an Administrative Review is the assertion that the Home Office has committed a caseworking error. These errors may include misinterpretation of facts, failure to consider relevant evidence, or incorrect application of immigration rules.

Once an Administrative Review request is submitted, the Home Office will re-evaluate the decision. If the review concludes that a caseworking error was indeed made, the original decision may be amended or overturned accordingly.

Understanding the Key Differences Between Administrative Review and Immigration Appeal

Both administrative reviews and immigration appeals serve as legal remedies to challenge immigration decisions made by the UK Home Office. However, they differ significantly in terms of scope, procedure, and eligibility.

Not all immigration decisions are eligible for both administrative review and appeal. Generally, an applicant can pursue an appeal to the First-tier Tribunal only if the decision in question does not qualify for administrative review. Conversely, administrative review is only available where there is no right of appeal attached to the immigration decision.

An immigration appeal typically begins with a Home Office review of its initial decision. If upheld, the case is escalated to the First-tier Tribunal (Immigration and Asylum Chamber), where an independent judge will hear the case. Appeals are often oral hearings, allowing for legal representation, submission of new evidence, and examination of witnesses. The Tribunal may reassess the entire case, although it must remain within the boundaries established by the Home Office’s refusal notice, the parties’ agreement, or judicial direction. The primary focus is whether the refusal violates the United Kingdom’s legal or international obligations.

In contrast, an administrative review is a purely internal reconsideration carried out by a Home Office team separate from the original decision-makers. It is a paper-based process, meaning there is no hearing. The scope for introducing new evidence is highly restricted. Administrative reviews focus strictly on identifying case working errors, as outlined in the Immigration Rules, rather than re-evaluating the merits of the case as a whole.

Distinction Between Administrative Review and Judicial Review

Judicial review differs from both administrative review and immigration appeal. It is a remedy used to challenge the lawfulness of a decision, process, or policy typically when neither an appeal nor administrative review is available. Judicial reviews are heard in the High Court, and they assess whether the Home Office acted legally and fairly, not whether the decision was factually correct.

Eligibility for Administrative Review

Administrative review is only available when the Home Office issues a decision that is designated as eligible under the Immigration Rules. Below is a non-exhaustive list of immigration categories where refused applications may be challenged via administrative review:

• Skilled Worker and Scale-up Worker

• Tier 1 (Investor/Entrepreneur) (including dependants)

• High Potential Individual

• International Sportsperson

• Religious, Charity, and Creative Workers

• Youth Mobility Scheme and Seasonal Worker

• Government Authorised Exchange

• Start-up and Innovator

• Representative of an Overseas Business

• Global Talent

• Graduate, Student, Child Student, Parent of a Child Student

• UK Ancestry

• Overseas Domestic Worker

• Hong Kong BN(O) routes

• Global Business Mobility routes (Senior or Specialist Worker, Graduate Trainee, UK Expansion Worker, Secondment Worker, Service Supplier)

Additionally, if your visa was approved but granted with an error such as incorrect conditions or period of leave this can also be challenged via administrative review.

Some decisions under the EU Settlement Scheme may also qualify for administrative review. However, applications based on human rights, asylum, private life, family routes, or visitor visas do not qualify. In such cases, an appeal to the Tribunal or judicial review may be the appropriate route.

Grounds for Administrative Review: What Qualifies as a Case Working Error?

Administrative reviews are strictly limited to identifying permitted case working errors. These may include:

• Incorrect refusal or cancellation based on alleged false representations, undisclosed facts, or past immigration breaches.

• Refusals based on an incorrect assessment of application timing under the Immigration Rules.

• Failure to request documents under evidential flexibility provisions.

• Application of incorrect Immigration Rules or failure to properly assess submitted evidence.

• Failure to follow relevant published Home Office policy or guidance.

• Errors in granting incorrect duration or conditions of leave.

Administrative review may be justified where the error materially affected the outcome or where the error may have adverse implications on future immigration applications.

Note: If you applied under the EU Settlement Scheme, as a Frontier Worker, S2 Healthcare Visitor, or Service Provider from Switzerland, different grounds and procedures apply.

How to Apply for Administrative Review

Administrative review applications must be submitted online, following the prescribed format and timelines under the Immigration Rules. The process includes:

• Completing all mandatory fields in the online form.

• Paying the £80 application fee (unless exempt).

• Uploading any required supporting documents.

If the application is incomplete, it may be rejected. Legal advice from a qualified immigration professional is highly recommended to avoid procedural errors.

New evidence will only be considered if it directly contradicts the basis for refusal in the following contexts:

• Evidence disproving deception.

• Evidence showing there was no change of circumstances at the border.

• Proof that the application was timely.

• Documentation that should have been requested under evidential flexibility.

Applicants under EU Settlement-related routes will follow a different review process with unique conditions and evidence rules.

Time Limits for Submitting an Administrative Review

• Inside the UK: You have 14 calendar days (or 7 days if detained) from the date of decision or receipt of your biometric residence permit.

• Outside the UK: You must apply within 28 days of receiving the decision notice.

Processing Time and Fees

• Processing Duration: Administrative review applications are currently taking at least 6 months to process.

• Application Fee: £80 (includes dependent applicants listed in the original application).

• Fee Waiver: Some individuals may be eligible for a waiver or exemption.

If you are uncertain whether your immigration decision is eligible for administrative review or another form of challenge, it is advisable to consult an experienced UK immigration adviser to evaluate the best legal remedy based on your circumstances.