Visa Information, Visa Requirements, Visa Application Guidelines, Immigration Rules and Inquiry

Sunday, 28 June 2015

Administrative Review for unsuccessful UK Visa Applications

Administrative review process for unsuccessful visa applicants under the points-based system.

If you are outside the UK and your application for a visa under the points-based system is refused, you generally do not have a full right of appeal.

However, all applicants can apply for an administrative review, which is a mechanism for reviewing refusal decisions.

What is administrative review?

If you think that the UK Border Agency has made an error in refusing your visa application under the points-based system, you can ask them to check their decision. This is an administrative review. The review will, for example, look at whether your claimed points were correctly assessed.


The administrative review is free of charge.

You must ask for an administrative review no more than 28 days after the date when you receive the refusal notice (GV51). When the UKBA sends you the refusal notice, they will also send you:
  • an administrative review request notice
  • administrative review request notice guidance notes
You must complete the request notice in full, and send it to the post which processed your visa application.

Do not send your administrative review to any Immigration Tribunals in the UK as they are not dealt with by HM Courts and Tribunal Service. This may cause significant delay in processing your administrative review.

You must not send any additional documents such as your passport, travel document or supporting documents. If the UKBA overturns their refusal decision, they will ask you to send in your passport or travel document.

The administrative review will be completed within 28 days. You will be notified of the result in writing. To ensure that the review is independent, the review result may not be sent from the post that made the original decision.

You may request only 1 administrative review per refusal decision. If you make any further requests for the same refusal decision, the UKBA will not accept them and will return them to you.

Dependants of applicants under the points-based system

If the UKBA rejects your partner or child's application for a visa as the dependant of a points-based system migrant, they cannot request an administrative review. This is because an administrative review is used to assess whether points have been correctly awarded, and your dependant did not apply under the points-based system.

Your dependant will instead have a limited or full right of appeal.

 

How to ask for a visa administrative review 

1. If you're outside the UK



You’ll be told in your application refusal letter if you can ask for the decision on your visa application to be reviewed. This is known as an ‘administrative review’.

You can only ask for an administrative review if all of the following apply:
  • you’re outside the UK
  • you applied outside the UK
  • your application was refused on or after 6 April 2015
  • you don’t have a right of appeal against the refusal
  • you didn’t make an application as a visitor or a short term student

How to apply

You must apply for an administrative review within 28 days of getting the decision.
You must:
  • fill in the administrative review application form sent with your application refusal letter - enter the reasons for refusal that are on your refusal letter, and say why you think a mistake was made
  • post the completed form to the address on the application refusal letter or take it to the address in person
The decision will be checked for the errors you point out. Don’t send new information or documents for review unless you’ve been asked to.
You’ll usually receive the result of the administrative review within 28 days.

You can’t request a second review (unless the result of the first review found new reasons why you were refused).


2. If you're in the UK


You’ll be told in your application refusal letter if you can ask for the decision on your visa application to be reviewed. This is known as an ‘administrative review’.

You can ask for your application to be reviewed if one of the following apply:
  • your application was refused
  • your application was granted but you’re unhappy with the amount or conditions of your leave
You may be able to appeal if you’re not eligible for an administrative review.

How to apply

You must apply for an administrative review within 14 days of getting the decision. Apply within 7 days if you’ve been detained. It costs £80.

If you’ve been refused, your refusal letter will tell you how to apply.

You must email the Home Office if your application was granted but you’re unhappy with the amount or conditions of your leave.


The decision will be checked for the errors you point out. Don’t send new information or documents for review unless you’ve been asked to.

You’ll usually receive the result of the administrative review within 28 days. You can’t request a second review (unless the result included new reasons why you were refused).

If your visa’s expired, you won’t usually be removed from the UK until your review’s been completed.


3. If your visa was cancelled at the border


You’ll be told in your decision letter if you can ask for the decision to cancel your visa to be reviewed. This is known as an ‘administrative review’.

You can ask for the decision to be reviewed if your visa was cancelled for one or more of the following reasons:
  • there has been a change in your circumstances
  • you gave false information
  • you failed to include relevant facts

How to apply

Your letter will tell you how to apply. It costs £80.

 

If you were given temporary admission to the UK

You must apply for an administrative review within 14 days of your visa being cancelled or 7 days if you are detained. You need to do this from the UK.

 

If your visa was cancelled at border controls outside the UK

You must apply for an administrative review within 28 days of your visa being cancelled in any of the following cities:
  • Paris
  • Brussels
  • Dunkirk
  • Coquelles
  • Calais
  • Lille

The decision will be checked for the errors you point out. Don’t send new information or documents unless you’ve been asked to.

You’ll usually receive the result of the administrative review within 28 days. You can’t request a second review (unless the result included new reasons for the cancellation of your leave).

If you’re in the UK, you won’t usually be removed until your review has been completed.


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