Administrative Review is a process whereby an applicant whose visa application for entry clearance or leave to remain has been refused by the British High Commission, British Embassy, Home Office Visas & Immigration (UKVI) and has the option to request for the refusal to be reconsidered on the grounds that Entry Clearance Officer has made a considerable error in reaching a decision on the application.

Visa Refusal Notice contained the detail the ground on which the visa has refused by the Entry Clearance Officer and it also contained if the applicant can ask for the decision on your visa application to be reviewed whether within or outside the UK. This is known as Administrative Review.

Administrative Review

Applicant can only ask for an Administrative Review if all of the following apply:

In case of outside the UK:
• applicant is outside the UK
• applicant applied outside the UK
• applicant's application was refused on or after 6 April 2015
• applicant do not have a right of appeal against the refusal
• applicant did not make an application as a visitor or a short term student

In case of Administrative Review agaisnt refusal from outside the UK, then it must be submitted to the Home Office, British High Commission within 28 days from the date of the receipt of the refusal letter.

Reconsideration Request

If the applicant has been refused visa while applied within the UK, he/she might be able to ask for the decision on his/her visa or immigration application to be reviewed if applied in the UK. This is known as a Reconsideration Request. It is not a formal appeal or an administrative review. Applicant cannot ask for a reconsideration if applicant has a right to an appeal or a review.

Applicant can make a reconsideration request if he/she believe immigration rules or policies were not followed correctly by ECO/Case worker while deciding the application. Applicant must be in the UK to make the reconsideration request.

Applicant can only make a reconsideration request if he/she applied in the UK for:

In case of within the UK:
• transfer of visa to a biometric residence permit - known as a Transfer of Conditions (TOC)
• transfer of indefinite leave to remain to a biometric residence permit - known as No Time Limit (NTL)
• extend your leave, switch your visa or settle in the UK

Applicant can make a request within the UK if his/her application for Transfer of Conditions (TOC), No Time Limit (NTL) or Leave to Remain was successful but applicant believe the type or the expiry date of the Leave is wrong.

Applicant can also make a request while in UK if his/her TOC or NTL application was refused and he/she has any of the following:

• new evidence about the date of the application
• new evidence to prove that your documents were authentic
• evidence that information received by UK Visas and Immigration (UKVI) before the decision date was not available to the team who made the decision

In case of Administrative Review against refusal of an in-country application, then it must be submitted to the Home Office within 14 days (7 days if the applicant is in detention) from the date of receipt of the refusal letter.

The above are the only kinds of new evidence that applicant can use. Applicant cannot make a request if it relates to any other sort of new evidence that wasn’t received by UK Visa & Immigration before the decision date.

For more information and detailed advise, you are welcome to write us at info@wazirsingh.co.uk or speak to UK Solicitors at +91 947 852 6909.