Administrative Review

UK Administrative Review

Administrative Review is a legal process conducted by the Home Office which enables an individual to lodge a review against a negative immigration visa decision by one of their officers due to a case-working error.

It is carried out by a different official within the Home Office from the initial decision maker, hence it is an internal administrative review. This is separate and distinct from an immigration appeal, which is conducted by an independent external body not connected to the Home Office.

Navigating the Administrative Review process can be challenging as you will need to:

1. 1. understand the reasons for the refusal,
  2. address the error with detailed grounds of review,
  3. lodge the application for the review within strict time limits, and
  4. follow the legal procedure under highly stressful conditions.

Getting it wrong can have devastating consequences for both you and any dependants, as it is likely to end your current UK immigration visa route.

This comprehensive guidance will help you to understand the Administrative Review process. Our expert resource breaks down the application process, ensuring you understand what to do to challenge your visa refusal.

Our expert team of solicitors can guide you about potential Administrative Review outcomes and assess your UK immigration visa options. We can also provide legal representation to ensure you are fully prepared to maximise the possibility of success.

Contact us now if you would like to discuss your case with one of our specialist immigration lawyers.

What is Administrative Review?

As referred to above, the UK Administrative Review is an internal process whereby the initial negative immigration decision is reconsidered by a Home Office official to assess whether any mistakes were made in the consideration process.

Upon receipt of a negative decision an individual will not only be notified of the reasons for the refusal, but also whether they are entitled to lodge an application for an Administrative Review and provided with simple information about how to make such an application.

It is important to note the Administrative Review UK process is not heard in an open court where, for example, there are rules of court, where witnesses can be called, evidence can be tested and evaluated and findings made by an independent judge.

The UK Administrative Review process requires an individual to state their grounds and supply required supporting information (where permissible) within strict time limits, see below. The Home Office official will then review the evidence and decide whether any further information is required to reach a decision. Not all negative immigration decisions can be reviewed in this way.

It should also be worth noting, that some decisions can be challenged by both administrative review and appeal. It is nearly always better to pursue an independent appeal rather than an administrative review.

Only a small proportion of cases succeed through Administrative Review challenges.

In a Home Office Response to the Chief Inspector's Report, September-December 2015, published on 7 April 2025 (due to delays) only 8% of in-country and 12% of out of country Administrative Reviews challenges were successful. This shows just how difficult it is to challenge a Home Office decision internally.

A successful outcome means the initial decision will be rectified but a negative one is likely to mean the individual needs to assess their immigration options.

Who can apply for Administrative Review?

The following visas where there has been a negative decision can be challenged through the Administrative Review UK process:

- - Turkish Worker extensions
  - Students
  - Short term English language visas
  - Parent of a child
  - Graduate
  - Global Business Mobility
  - Tier 2 Minister of Religion
  - Representative of an Overseas Business
  - UK Ancestry
  - Global Talent
  - High Potential Individual
  - Scale-Up
  - Start-Up
  - Innovator Founder
  - International Sportsperson
  - Overseas Domestic Worker
  - Temporary Worker category visas
  - Youth Mobility Scheme
  - Hong Kong (British National Overseas)
  - Gurkha and Hong Kong military unit
  - Bereaved Partner
  - Victim of Domestic Abuse
  - Returning Resident
  - Statelessness
  - Tier 1 migrants
  - Armed Forces related visas.

The Administrative Review UK decision relate to:

- - entry (at the border)
  - entry clearance or
  - in-country visa applications.

The Home Office has steadily removed the right to an independent appeal before a court as it believes an internal review enables the original decision to be justly reviewed.

Legal Requirement for an Administrative Review

The person conducting the UK Immigration Review (the Reviewer) must decide whether the decision-maker failed to apply, or incorrectly applied:

1. 1. 'the immigration rules', or
  2. 'published guidance'.

See AR 3.2 of Appendix Administrative Review of the Immigration Rules HC 395, as amended.

In other words, whether the decision maker made a 'case working error' related to the initial immigration decision to refuse by another official of the Home Office.

It includes decisions to:

- - cancel a visa at the border due to a change in circumstances
  - false representations were made, or
  - where there was a failure to disclose relevant details.

What is a case-working error?

The only grounds that the Reviewer can consider are related to the failure to follow immigration rules or guidance such as:

1. 1. false representations or deception
  2. previous breach of immigration laws
  3. failure to request specified documents
  4. failure to follow the evidential flexible policy of the Home Office.

Examples of decisions which can be challenged through the Administrative Review UK process are:

1. 1. applying the incorrect immigration rule
  2. applied the immigration rule incorrectly, for example failed to add up points correctly through the points based system type case
  3. failure to consider acceptable documents
  4. failure to request a document from a series, for example a missing bank statement when otherwise the full set was supplied
  5. incorrectly considered a key document
  6. documents were clearly original, but the initial decision maker assessed them as a copy
  7. where, for example, the decision maker thought false representations were made when there is evidence to show otherwise.

As can be seen from the above, the grounds for challenging a decision for Administrative Review are both specified and narrow and hence explains why not many not many review applications are successful.

What to do if the Administrative Review is unsuccessful

If your Administrative Review is unsuccessful you will need to either leave the UK, consider alternative visa options, or assess whether your case is eligible for judicial review.

It may be possible to submit a fresh application with the correct information and evidence, but this will depend on the circumstances.

Another option is to seek independent legal redress through the Judicial Review process. However, that is an expensive process and, unless you can show good grounds, can be difficult to pursue successfully. Furthermore, you will be unable to work whilst an application for Judicial Review is in process as section 3c (the provision of immigration law that extends your stay whilst an application, appeal or administrative review is outstanding) does not apply.

Time limit to apply for Administrative Review

Act swiftly! When it comes to applying for an Administrative Review in the UK, time is of the essence. You have:

- - 7 days where the person is detained
  - 14 days from the date you receive your decision to submit your application if you're inside the UK
  - 28 days if you're outside the UK.

Late applications will only be considered where the review if the official believe it is 'unjust' and it was lodged as soon as 'reasonably practical'.

An application for an Administrative Review can also be made for a dependant.

You should where possible take this opportunity to challenge the decision if you believe it is incorrect. You get can get our "UK Administrative Review Guidance" to ensure a timely response.

The date of application is the date the application form is uploaded on the Home Office website. It is important to understand the Administrative Review Guidance when lodging the review.

What is the difference between an Administrative Review and an Immigration Appeal?

The Administrative Review is a process managed by the Home Office and involves a review of the original decision without a full court hearing.

An Immigration Appeal, on the other hand, is a more formal process allowing you to challenge a decision in a tribunal setting. It's usually applicable when more complex legal or factual arguments need to be considered, and it may involve a court hearing.

For anyone navigating the UK immigration system, understanding these differences is important.

How to apply for an Administrative Review

The Administrative Review process requires and individual to:

- - complete an online form
  - pay the Administrative Review fee of £80
  - send the supporting arguments and documentation.

The Home Office reviewer will only contact you for further documentation in limited circumstances such as to request a document missing in a sequence of documents i.e. one missing bank statement out of series.

The reviewer is otherwise unlikely to contact you which means the final decision will be made on the information and documents supplied.

Once the Administrative Review is lodged a person can remain in the UK so long as it was applied for in time under the same conditions as their last immigration visa.

For those lodging an Administrative Review whilst in the UK travelling overseas will mean it is automatically with withdrawn.

What are the outcomes of an Administrative Review?

When you request a review, your case will be reassessed, ensuring all details are thoroughly examined.

Outcomes can include:

- - the original decision being upheld meaning, no changes are made
  - the decision being overturned, granting a favourable outcome
  - the decision might be amended, adjusting certain aspects to better align with immigration rules and guidance

The outcomes can be positive but of course do bear in mind that only a small percentage case are successful through an Administrative Review.

It may be possible to review the Administrative Review decision but only in limited circumstances where for example additional reasons are added to the initial decision.

If your Administrative Review is rejected

If your Administrative Review is unsuccessful, you have the following options:

- - **Seek Legal Advice**: Consult an immigration lawyer to explore further options and understand your rights.
  - **Reapply**: You may have the opportunity to correct any errors and submit a new application.
  - **Appeal**: Depending on the situation, you may be eligible to appeal the decision by way of Judicial Review. Check the eligibility and timelines for appeals.
  - **Consider Alternative Visas**: Explore other visa categories that might suit your needs.

Need legal help for an Administrative Review?

Get expert assistance with your UK Administrative Review. Our lawyers can you navigate the complexities of the process. Whether you're challenging a visa decision or any administrative matter, our team can advise. We are able to improve your chances of success with our advice, insight and experience.