FURTHER ADVICE
Administrative review deadlines, processing times and how we can help
Your decision letter should confirm whether you have the right to request an administrative review. Unlike a full immigration appeal, an administrative review asks the Home Office to examine whether the original decision was incorrect because of a caseworking error.
Possible caseworking errors may include:
- failing to consider relevant evidence submitted with the original application;
- incorrectly calculating or assessing points under a points-based immigration route;
- applying the wrong Immigration Rule or Home Office policy;
- misunderstanding an important fact or document;
- reaching a conclusion that is inconsistent with the evidence provided; or
- failing to follow the correct decision-making process.
Administrative review deadlines
The deadline for requesting an administrative review depends on where you were when the relevant application or decision was made:
- Applications made inside the UK: you will normally have 14 calendar days from the date you receive the decision.
- Applicants in immigration detention: the deadline is normally 7 calendar days from receiving the decision.
- Applications made outside the UK: you will normally have 28 calendar days from the date you receive the decision.
These deadlines are short, so it is important to obtain advice promptly. Your decision letter should be checked carefully because it will normally confirm whether administrative review is available, the applicable deadline and how the request must be submitted.
Administrative review processing times
Administrative reviews can take a considerable amount of time. Both in-country and out-of-country reviews may take 12 months or longer to receive a decision. Where a review remains outstanding after 6 months, the Home Office should normally provide an update.
The length of the process can make it especially important to consider whether administrative review is the best option. In some cases, making a fresh application may provide a quicker or more effective route. In others, the refusal may raise a legal issue that requires a different form of challenge.
How Westkin can help
An administrative review is not simply an opportunity to repeat the original application or provide a general explanation of why the visa should have been granted. The request should identify the specific errors made by the decision-maker and explain why those errors affected the outcome.
Our immigration lawyers can:
- review the refusal letter, original application and supporting documents;
- identify relevant factual, legal or caseworking errors;
- assess whether an administrative review has reasonable prospects of success;
- advise whether a fresh application or another form of challenge may be more appropriate;
- prepare detailed written grounds addressing each relevant refusal point;
- refer to the applicable Immigration Rules and Home Office guidance;
- submit the administrative review within the required deadline; and
- advise you throughout the review process and on the next steps following the decision.
Where administrative review is not available, or where it is unlikely to provide an effective remedy, we can advise on alternative options including a fresh application, an immigration appeal or a judicial review challenge, depending on the circumstances of your case.
Speak to a review lawyer today
If your visa or immigration application has been refused, call our immigration lawyers on 0207 118 4546 or complete the enquiry form below. We can review your decision, identify any Home Office errors and advise you on the strongest next step before the applicable deadline expires.
