Administrative Review (AR)

Administrative review is the main remedy which is available to challenge immigration decisions on applications which are not human rights or asylum claims. It is an internal review of a Home Office decision, conducted by a Home Office official who is different to the original decision-maker, rather than by an independent tribunal or court. Administrative review is available from both inside and outside the UK.

We understand that the administrative review process can be complex and using the services of an immigration expert are highly recommended. We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. You will need to ensure that you meet all of the mandatory requirements and advice you on your chances of success before you proceed with AR. You will need to complete the relevant forms, submit grounds and collate your evidence for submission.

Eligible decisions under Administrative Review:

An eligible decision under Immigration Rules either relates to:

• He refusal of an application
• In relation to applications for leave to remain only, a review of the period of leave granted, including any conditions attached to that leave, or
• Cancellation of existing leave at the border, or at a Control Zone

You may be able to apply for administrative review if the following applications are refused by the Home Office or Entry Clearance Officer:

• Tier 4 migrants and their dependent partners and children
• Tier 1, 2 or 5 migrants and their dependent partners and children
• Refuse an application because the applicant is not eligible for indefinite leave to enter or remain (ie settled status) as a:
  • Relevant EEA citizen
  • Family member of a relevant EEA citizen, or of a qualifying British citizen
  • Family member of a relevant EEA citizen, or of a qualifying British citizen, who has retained their right of residence
  • Person with a derivative right of residence, or
  • Person with a Zambrano right of residence
• Refuse an application by any of the above persons for limited leave to enter or remain (ie pre-settled status)
• Grant limited leave to enter or remain (pre-settled status) and not indefinite leave to enter or remain in relation to an application by any of the above persons
• Cancel a person’s leave granted under Appendix EU if they no longer meet the requirements of the Appendix
• from 6 April 2020, cancel a person’s leave to enter granted by virtue of having arrived in the UK with an entry clearance that was granted under Appendix EU (Family Permit), on the grounds that since that entry clearance was granted, there has been a change in circumstances that is, or would have been, relevant to their eligibility for the grant

What is a time limit for lodging the Administrative Review:

The time limit for making an initial application for administrative review is:

• For applications made in the UK, no more than 14 calendar days after receipt of notice of an eligible decision
• Where the applicant is applying and is overseas, no more than 28 calendar days after receipt by the applicant of notice of the eligible decision
• For non-detained applicants Appendix AR (EU), whether in the UK or overseas, no more than 28 calendar days after receipt of notice of the eligible decision
• If the applicant is in detention in the UK under the Immigration Acts, no more than seven calendar days after receipt of notice of the eligible decision
• Where the eligible decision is a grant of leave to remain rather than a refusal, no more than 14 calendar days after receipt of the biometric immigration document which shows the length and conditions of leave that have been granted

Immigration status during the Administrative Review:

Under section 3C of the Immigration Act 1971, leave is extended where you had leave (visa) when you made an application or claim and that leave expired prior to the Secretary of State making a decision on the application or claim. Leave is extended until any administrative review against refusal is finally determined.

What if your Administrative Review is dismissed:

If AR is not allowed, it is possible to challenge the decision by way of Judicial Review.

At Aaryan Solicitors, team of our immigration law specialists’ can advise you on the merits of making a fresh application and/or challenging the decision by way of Judicial Review.

Why Choose Aaryan Solicitors?