Our administrative review solicitors can provide guidance on the advantages of applying for administrative review and, if necessary, challenge the Home Office decision through an administrative review application if your UK visa or immigration application has been denied, your leave to enter or remain has been revoked at the UK border, or you are dissatisfied with the period or conditions of the leave you have been granted.

This page examines the distinction between an immigration appeal and administrative review, the eligibility requirements for administrative review, the definition of a case-working error, the grounds for administrative review, the process for applying for administrative review, the time limits for applying for administrative review, the processing times for administrative review, and the potential outcomes that may result from an administrative review application.

What is Administrative Review?

A Home Office immigration decision may be challenged by an applicant on the basis that it is incorrect due to one or more case working errors through administrative review.

It is not possible to challenge all Home Office decisions through administrative review. If an eligible decision has been rendered, administrative review is available.

Administrative review is exclusively available in the event that the Home Office has committed a case working error, as the Immigration Rules define it.

After receiving an application for administrative review, the Home Office will review its decision and, if it determines that a pertinent case working error has occurred, rectify it.

What Is the Difference Between an Administrative Review and an Immigration Appeal?

Immigration appeals and administrative reviews are both methods for contesting the Home Office's visa and immigration decisions.

However, not all visa and immigration decisions are subject to an appeal privilege, and not all visa and immigration decisions can be challenged through administrative review. If the decision you wish to challenge is not eligible for administrative review, you may appeal to the First-tier Tribunal.

Conversely, you may petition for administrative review only if the decision you wish to challenge does not have an appeal option. First, the Home Office reviews the immigration decision that is being appealed in an immigration appeal.

In the event that the Home Office elects to uphold its decision, the case will be heard by an independent Judge in the Immigration and Asylum of the First-tier Tribunal.

Typically, the appeal hearing will be conducted orally, during which the parties are legally represented and may attend. Additionally, witnesses may be summoned to provide testimony, and the parties are typically permitted to submit supplementary evidence.

At the same time, administrative review is an internal review procedure conducted by the Home Office. It entails a paper evaluation of the decision under challenge by a Home Office team that is independent from the team that made the original decision.

There are no oral hearings, and the circumstances under which new evidence may be submitted are restricted. In general, the Immigration Tribunal will reevaluate the case in its totality during an immigration appeal.

However, the issue(s) to be resolved may be restricted by the Home Office refusal letter's scope, the parties' agreement, and/or court directives. It is the Tribunal's primary responsibility to impartially ascertain whether the Home Office decision that is currently under challenge violates the United Kingdom's international obligations.

In an administrative review, the Home Office evaluates eligible decisions to determine whether there is a case working error (as defined in the Immigration Rules), either as identified in the administrative review application or by the reviewer during the administrative review.

Who Has the Right to Apply for Administrative Review?

It is not possible to challenge all Home Office decisions through administrative review. If an eligible decision has been rendered, administrative review is available.

This can also be challenged by administrative review if you have submitted an application under any of the aforementioned immigration routes and your application has been approved, but you believe that an error has been made in relation to the period or conditions of leave granted.

However, certain decisions regarding applications under the EU Settlement Scheme are also eligible decisions that may be challenged through an administrative review application.

If you have submitted an application that is considered a human rights or protection claim (including applications for appendix FM family members, private life, long residence, and asylum) or an EU Settlement Scheme Family Permit, the decision will not be subject to administrative review. Even so, you may have the option of appealing to the First-tier Tribunal (Immigration and Asylum).

If you have submitted an application as a visitor, the refusal decision will not be subject to administrative review. You may, however, be eligible to submit a new application or request judicial review. Additionally, decisions to revoke leave to enter or remain at the UK border in response to a change in circumstances, false representations, or a failure to disclose material facts are eligible decisions, provided that the outcome is that you are denied leave to enter or remain.

The decision to revoke the visitor's right to enter or remain is included in this. The decision letter should indicate whether you are eligible to apply for administrative review. However, if you are uncertain as to whether your Home Office decision is eligible for administrative review, you may wish to consult our administrative review solicitors in London for additional guidance.

Grounds for Administrative Review

The sole basis for administrative review is that the Home Office has committed a permitted case working error, as outlined in the Immigration Rules.

What Is a Case Working Error?

The following asserted instance functioning errors will be taken into account during the administrative review:

• The Home Office’s decision to refuse or cancel entry clearance or leave to enter or remain based on alleged false representations, false documents or information, failure to disclose material facts or previous breach of conditions was incorrect;
• The Home Office’s decision to refuse an application on the basis that the date of application was beyond a time limit in the Immigration Rules was incorrect;
• The Home Office’s decision not to request specified documents (for example, under the points-based system evidential flexibility rules) was incorrect;
• The Home Office decision maker applied the wrong Immigration Rules or otherwise incorrectly applied the Immigration Rules (for example, by failing to consider some or all of the evidence submitted properly);
• The Home Office decision maker failed to apply relevant published policy and guidance in relation to the application (for example, when assessing the credibility or genuineness of the application);
• The Home Office decision maker made an error in calculating the correct period or conditions of immigration leave.

Administrative review may be pursued for two reasons: either the alleged error could have affected the decision or it could have an unjust effect on a future application (i.e., a future application may now be denied on general suitability grounds).

The criteria for applying for administrative review vary depending on whether you applied to the EU Settlement Scheme, as a Frontier Worker, as an S2 Healthcare Visitor, or as a Service Provider from Switzerland. If this pertains to you, please reach out to our esteemed administrative review solicitors in London for additional pertinent details.

How to Apply for Administrative Review 

Generally, applications for administrative review must be submitted online in accordance with the Immigration Rules. Payment of the administrative review application fee is required, unless an exemption is granted, and all mandatory sections of the online application form must be completed.

All documents that are designated as mandatory in the online application or associated guidance must be submitted.

The application for administrative review will be denied if it is insufficient. We recommend that you consult with a legal professional who specialises in administrative review prior to submitting an application.

No new evidence or information will be considered by the Home Office unless it is relevant to the decision being reviewed and:

• Proves that you did not practice deception in the application under review, where this was a ground for refusal;
• Proves that there was no change of circumstances, if leave was cancelled at the UK border for this reason; 
• Proves that the application was made within a time limit specified in the Immigration Rules, when an alleged failure to apply in-time provided a basis for refusal; or
• Should have been requested by the Home Office when considering points-based system evidential flexibility.

The procedure of applying for administrative review differs depending on whether you applied to the EU Settlement Scheme, as a Frontier Worker, as an S2 Healthcare Visitor, or as a Service Provider from Switzerland.

If this pertains to you, please reach out to our esteemed administrative review solicitors in London for additional pertinent details.

Time limit for Applying for Administrative Review

From the date of receipt of your decision notice or biometric residence permit, you will have 14 calendar days (or 7 days if you are detained) to apply for administrative review if you are currently in the UK and have applied for permission to remain from within the UK.

If you are located outside of the United Kingdom and submitted your application from outside of the country, you must submit an application for administrative review within 28 days of receiving the decision you wish to contest.

Administrative Review Processing Time

The Home Office is presently processing administrative review applications at a rate of at least six months.

Administrative Review Fees

An administrative review application is subject to an £80 levy from the Home Office. There is no additional charge for reviewing the decision(s) in relation to any dependent(s) who were appropriately included in the original application. Certain applicants may be exempt from paying the administrative review charge, while others may be eligible for a fee waiver.

Immigration Status After Applying for Administrative Review

If you submitted an application within the designated timeframe and requested administrative review within the permitted timeframe, you will maintain immigration leave until you receive notice of the administrative review's decision.

If you are an overstayer at the time of submitting a valid administrative review application, the Home Office will not attempt to deport you from the United Kingdom while the review is pending.

Fresh Applications and Administrative Review

Submission of a new application for entry clearance, leave to enter, or leave to remain during the pending processing of an administrative review application will result in the withdrawal of the administrative review application.

A fresh application for entry clearance, leave to enter, or leave to remain will be rejected if you subsequently apply for administrative review of a previous decision.

Possible Outcomes of Administrative Review

There are 4 possible outcomes following an application for administrative review:

• The Home Office agrees that the decision being challenged contains a casework error and the decision is withdrawn;
• The Home Office does not agree that the decision being challenged contains a casework error, the decision remains in force and all reasons given for the decision are maintained;
• The Home Office does not agree that the decision under challenge contains a casework error, the decision remains in force, but one or more reasons given for the decision are withdrawn;
• The Home Office does not agree that the decision under challenge contains a casework error, the decision remains in force, but with different or additional reasons to those given in the decision under review.

What Will Happen if My Administrative Review Is Successful?

When the Home Office determines that the original decision maker's decision was tainted by a casework error, it will proceed to evaluate whether rectifying the error would alter the original decision's outcome.

If the Home Office is persuaded that the error in the original decision resulted in a change in the decision, it will withdraw the decision and refund your administrative review fee. When the Home Office decides to withdraw an inaccurate decision, they will typically rectify the error and issue a new decision.

Your leave will be granted in accordance with the original application if the new decision determines that it should have been granted. As of the date of the withdrawal of the previous incorrect decision, your leave will commence. If the period of leave granted or the conditions of leave were challenged in your administrative review, you will be issued a new BRP.

What Will Happen if My Administrative Review Is Not Successful?

The Home Office will notify you that the decision under challenge has been upheld if it determines that the decision made on your visa or immigration application (or the period of leave granted or conditions imposed) was accurate.

There is no right of appeal against an administrative review decision, and it is not feasible to request a second review unless the initial review uncovered novel reasons for its rejection. With respect to the new grounds, you will be entitled to an additional administrative review in this scenario.

You should be informed in your decision letter whether you are eligible to submit an application for a second review. It may be feasible to pursue judicial review of the administrative review's results. You may wish to consult with a dedicated administrative review solicitor for legal guidance.