UK Administrative Review Guidance

Challenging a Home Office decision can feel daunting and frustrating, especially when the decision seems unfair or based on a clear mistake. In such circumstances, you may be able to pursue an Administrative Review.

An Administrative Review is a formal process designed to identify and remedy errors made by the Home Office without the need for an appeal or going to court.

However, it’s a highly technical process with strict rules, tight deadlines and specific limitations. And, even if your Administrative Review is successful, this is no guarantee that your visa will still be granted.

 

Challenging a Home Office decision

 

There are only a limited number of ways you may be able to take on the Home Office. Depending on your circumstances and the nature of your case, your options could include:

 

• Making a new application – whether you have been refused a sponsor licence application for your organisation, or a visa application for you, and you opt to make a new application, you will need to ensure the new application addresses and recitifies the issues which resulted in the initial refusal.
• Appealing the decision – there is no general right to appeal an immigration decision in the UK. Immigration appeals are now limited to cases relating to human rights.
• Pre-Licence Error Correction Procedure – to request reconsideration of a refused sponsor licence application due to an error by the caseworker.
• Administrative review – this is where the Home Office reconsiders the original evidence and decision to determine if an error was made.
• Judicial review – this is where the case is taken to an immigration tribunal to decide if the Home Office made an error and if so, requiring the matter to be reconsidered.

 

This article focuses on the administrative review process.

 

Administrative Review meaning

 

An Administrative Review is the process used to challenge certain immigration decisions made by the Home Office. It allows an applicant to request a reconsideration if they believe a caseworking error led to a refusal. The review is carried out by a different Home Office caseworker who was not involved in the original decision.

Significantly, the review process only reassesses whether the original decision followed immigration rules correctly. A correction of an error simply means the Home Office will reconsider the decision based on the right criteria. Sometimes, that leads to an approval, but in other cases, a different reason for refusal emerges, leaving applicants back at square one.

Only specific types of refusals qualify for this process, typically those related to the points-based system and other visa categories where an appeal is not available. The purpose is to identify mistakes in how immigration rules were applied rather than reassessing the applicant’s circumstances or evidence. No new information can usually be submitted unless the Home Office requests it.

Applicants should check refusal letters carefully to determine whether an Administrative Review is an option, as it can sometimes resolve a refusal without the need for lengthy legal proceedings.

Applications for Administrative Review must be submitted within a strict deadline, which varies depending on whether the applicant is inside or outside the UK. The outcome may result in the original decision being upheld, corrected, or overturned. If the review does not succeed, further options may include reapplying or, in certain cases, seeking a Judicial Review.

 

When is an Administrative Review available?

 

Administrative Review is only available where there is no right of appeal, and can only be used to dispute the Home Office’s decision based on ‘unconsidered evidence’.

If the applicant is outside the UK, they can only apply for an administrative review if all of the following apply:

 

• The employee/worker is outside the UK
• They applied outside the UK
• They do not have a right of appeal against the refusal
• They did not apply for a short-term student or a visitor visa (except in S2 Healthcare Visitor visa applications). There is a separate way to request a Home Office Administrative Review for these applications.

 

It applies mainly to refusals under the points-based system, which covers skilled worker visas, student visas, and other sponsored routes. If a PBS visa application is refused due to a caseworking error, a request for Administrative Review can be submitted.

Decisions affecting indefinite leave to remain (ILR) applications may also be challenged, provided that the refusal results from an incorrect application of immigration rules. If the Home Office has wrongly calculated continuous residence periods or misinterpreted evidence, administrative review may correct the mistake.

Some refusals based on sponsorship licences for employers and educational institutions can be reviewed. If a licence is revoked or downgraded due to errors in assessment, a request for reconsideration may be allowed.

Refusals of administrative applications, such as changes to visa conditions or eligibility for certain exemptions, may also be subject to review. However, decisions involving human rights claims, asylum applications, and discretionary leave usually require an appeal rather than administrative review.

If the case is eligible for administrative review, you will be informed in your decision letter.

 

Administrative Review process

 

Administrative reviews should be applied for within 28 days of the decision letter. This application should be made as specified in the refusal letter, ie online, by post or in person. The fee for an administrative review is £80.

The response to the Home Office must detail the issues of concern and the reasons you believe were erroneous in being relied on to make the decision. Additional documents may not be required as the application is to reconsider the existing submission, but take advice on your circumstances to verify if additional documents are needed and how these should be presented and submitted.

Once the administrative review is completed, the Home Office will send a decision letter via email or post. The standard processing time is 28 days, but delays may occur. If no response has been received after this period, applicants should contact UKVI for further information.

 

Can you track your Administrative Review?

 

There is no dedicated online tracking system for administrative review requests, but applicants can check the status using several methods.

Applicants can contact the UKVI helpline directly to request an update on their administrative review or submit an email inquiry through the UKVI Contact Form on the official government website.

If the administrative review was submitted from outside the UK, applicants can contact the visa application centre where the original application was processed. Some centres may provide updates on the status of pending reviews.

If you have used a legal representative, or are being assisted by your employer or sponsor, they may be able to contact UKVI directly to request an update.

 

How long does Administrative Review take?

 

The processing time for an administrative review varies depending on whether the application was made inside or outside the UK and the Home Office’s current workload.

As a general indiction – reviews submitted inside the UK, the Home Office aims to process requests within 28 days, though some cases may take longer, while for applicants overseas, the target processing time is usually 28 days, but delays can occur depending on the complexity of the case and the volume of reviews being handled. However, there is no guaranteed timeframe, and some applicants may experience longer waiting periods, particularly if the case involves detailed reconsideration or if the Home Office has a backlog.

During the review period, applicants cannot submit new evidence unless specifically requested. If the visa has expired, immigration status may be extended under the same conditions while the review is pending, provided the application was made before the deadline.

If you are facing an urgent situation, take legal advice to explore potential alternatives or to explore escalation options if delays become excessive.

 

Possible outcomes of an Administrative Review

 

The administrative review can result in one of four outcomes, each with different implications for your next steps:

 

Administrative review is successful

If the Home Office acknowledges that an error was made, the original refusal will be overturned. However, this does not necessarily mean that the visa is immediately granted. Instead, the application is reassessed using the correct interpretation of immigration rules.

If, after reconsideration, all requirements are met, the visa will be approved. If other outstanding issues remain, the application could still face refusal. For applicants, this means that even a successful review does not remove all risk. If there were multiple potential grounds for refusal, correcting one mistake may still leave others to be addressed.

 

Administrative review is unsuccessful – original decision stands

If the Home Office finds no caseworking errors, the refusal remains in place. At this stage, your options would usually include either reapplying with a fresh application, ensuring all requirements are met and any previous weaknesses are addressed or pursuing a Judicial Review, if there is reason to believe that the decision involved procedural unfairness or unlawful decision-making. It is generally advisable to take legal guidance to understand your specific options to challenge or to determine if alternative routes are available.

If Judicial Review is an option, a Pre-Action Protocol (PAP) letter should be sent to the Home Office first, setting out the legal basis for the challenge.

 

Administrative review identifies some errors – application still refused

Sometimes, the Home Office will accept that parts of the original decision were flawed but still refuse the application on other valid grounds. This could happen if a mistake was made in calculating eligibility points, but other factors still prevent approval, or where one reason for refusal is withdrawn, but another ground (which was also present in the initial refusal) remains.

For the applicant, this outcome means that while progress has been made in correcting an error, the overall refusal status does not change. In this scenario, an applicant may still be able to challenge the remaining reasons via Judicial Review, depending on the circumstances.

 

Administrative review results in a refusal for a different reason

In some cases, the Home Office may find that an error was made in the original refusal but, upon reconsideration, discover a new reason to refuse the application.

For example, if the refusal was originally due to an incorrect salary calculation but, during the review, the Home Office identifies an issue with maintenance funds, the refusal will still stand, or if a missing document was wrongly cited as the reason for refusal, but the applicant does not meet another requirement, the rejection is upheld for a different reason. This can be frustrating, as applicants may have expected a positive outcome only to receive an amended refusal letter with new justifications. However, if new reasons are introduced, it may be possible to request another Administrative Review to challenge them.

 

Need assistance?

 

DavidsonMorris are UK immigration specialists. We are advisers on all aspects of UK Home Office applications. If you have received a negative Home Office decision, you will need to act quickly to determine your next steps. We can advise on options to appeal or challenge a Home Office decision and the process you will need to follow to engage with the Home Office and assert your rights. For expert guidance on your options, contact us.

 

Home Office Administrative Review FAQs

 

Who can apply for an Administrative Review?

Only individuals who receive a visa refusal letter stating that they are eligible for an Administrative Review can apply. This usually applies to refusals under the points-based system and other specific immigration categories.

 

What errors can be challenged through Administrative Review?

The process is intended to correct caseworking errors made by the Home Office, such as miscalculating points, misinterpreting evidence, or failing to apply immigration rules correctly. It does not allow for new information to be submitted unless specifically requested.

 

How long do I have to request an Administrative Review?

The deadline depends on whether the application was made inside or outside the UK. Applicants within the UK usually have 14 days, while those outside the UK typically have 28 days from the date of the refusal decision.

 

How much does an Administrative Review cost?

There is a fee for submitting an Administrative Review, which is stated in the refusal letter. If the review is successful, this fee is usually refunded.

 

What happens if my Administrative Review is successful?

If the Home Office acknowledges that an error was made, the original refusal will be overturned. However, this does not necessarily mean that the visa is immediately granted. Instead, the application is reassessed using the correct interpretation of immigration rules.

 

What happens if my Administrative Review is unsuccessful?

If the refusal is upheld, further options may include submitting a fresh application, seeking legal advice, or, in some cases, pursuing a Judicial Review if no other appeal or review option is available.

 

Can I stay in the UK while my Administrative Review is pending?

If the application was submitted from within the UK before the deadline, the applicant’s immigration status may be extended until a decision is made. However, work and travel restrictions may apply.

 

How long does an Administrative Review take?

Processing times vary but are generally between four and 12 weeks. Some cases may take longer depending on complexity and Home Office workload.

 

Does an Administrative Review guarantee a visa approval?

An administrative review only reassesses whether the original decision contained errors. If no mistake is found, the refusal will stand.

 

Glossary

 

Term	Definition
Administrative Review	A process that allows applicants to challenge a Home Office visa refusal if a caseworking error is believed to have occurred.
Caseworking Error	An incorrect application of immigration rules or miscalculation of an applicant’s eligibility by the Home Office.
Home Office	The UK government department responsible for immigration, security, and law enforcement.
Judicial Review	A legal process where a court reviews the lawfulness of a decision made by a public body, such as the Home Office.
Points-Based System (PBS)	A method used by the UK immigration system to assess eligibility for work and study visas based on specific criteria.
Refusal Letter	A formal document from the Home Office explaining why a visa application has been rejected and outlining any available options for review or appeal.
Visa Appeal	A separate legal process that allows applicants to challenge a refusal decision in cases where an appeal right is granted.
Processing Time	The period it takes for the Home Office to review and make a decision on an Administrative Review request.
Immigration Status	The legal position of an individual in the UK, which determines their rights to work, study, and remain in the country.
Pre-Action Protocol (PAP)	A formal step required before seeking Judicial Review, giving the Home Office an opportunity to reconsider its decision.