Immigration Rules Appendix Administrative Review
Administrative Review
Administrative review is the review of an eligible decision, the purpose of which is to decide whether the decision was wrong due to a case working error.
This appendix sets out which decisions are eligible for administrative review, and the requirements to be met where a person applies for administrative review of an eligible decision.
Specified route requirements for administrative review in relation to applications for entry clearance or permission to stay
- AR 1.1. The decisions eligible for administrative review are those under the following routes (“specified route”):
- • Appendix ECAA: Extension of Stay
- • Appendix Student
- • Appendix Short-term Student (English Language)
- • Appendix Child Student
- • Appendix Parent of a Child Student
- • Appendix Graduate
- • Appendix Skilled Worker
- • Appendix Global Business Mobility Routes
- • Appendix T2 Minister of Religion
- • Appendix Representative of an Overseas Business
- • Appendix UK Ancestry
- • Appendix Global Talent
- • Appendix High Potential Individual
- • Appendix Scale-up
- • Appendix Start-up
- • Appendix Innovator
- • Appendix International Sportsperson
- • Appendix Overseas Domestic Worker
- • Appendix Domestic Workers in a Private Household
- • Appendix Domestic Worker who is a Victim of Modern Slavery
- • Appendix Temporary Work – Seasonal Worker
- • Appendix Temporary Work – Creative Worker
- • Appendix Temporary Work – Religious Worker
- • Appendix Temporary Work – Charity Worker
- • Appendix Temporary Work – International Agreement
- • Appendix Temporary Work – Government Authorised Exchange
- • Appendix Youth Mobility Scheme
- • Appendix Hong Kong British National (Overseas)
- • Appendix Bereaved Partner
- • Appendix Victim of Domestic Abuse
- • Appendix Returning Resident
- • Appendix Statelessness
- • Tier 1 Migrants under Part 6A of the Points Based System
- • Appendix HM Armed Forces, except where the applicant is a partner or child under Appendix HM Armed Forces and the Armed Forces sponsor is a British citizen, or has 4 years reckonable service
- • Appendix International Armed Forces and International Civilian Employees
AR 1.2. Where a person made a valid application on a specified route eligible for administrative review before 4 April 2024, the requirements of Appendix AR: administrative review in force on 3 April 2024 will apply, apart from applications under Appendix Armed forces where the requirements in force on 10 April 2024 will apply.
- AR 2.1. An application for administrative review must relate to one of the following decisions (“the eligible decision”):
- (a) a decision to refuse an application for entry clearance; or
- (b) a decision to refuse an application for permission to enter; or
- (c) a decision to refuse an application for permission to stay; or
- (d) a decision to cancel permission to enter or remain made on the person’s arrival in the UK, where the result of the cancellation is the person has no permission, and where the reason for the cancellation is:
- (i) there has been a change of circumstances since permission was granted which means that permission should be cancelled; or
- (ii) permission was obtained as a result of false representations by the person or by their failure to disclose material facts; or
- (e) the period of grant or conditions attached to the person’s grant of permission.
AR 2.2. An application for administrative review must relate to a decision on a specified route (see AR 1.1.).
- AR 2.3. An application for administrative review must not relate to an eligible decision taken under Appendix EU, Appendix EU (Family Permit), Appendix S2 Healthcare Visitor or Appendix Service Providers from Switzerland, unless the decision was made before 5 October 2023 to:
- (a) cancel leave to enter or remain which is in force under paragraph A3.2(b) of Annex 3 to Appendix EU or paragraph A3.4(b) of Annex 3 to Appendix EU (Family Permit); or
- (b) cancel permission to enter or stay which is in force under paragraph HV11.1 (c) of Appendix S2 Healthcare Visitor; or
- (c) cancel permission to enter which is in force under paragraph SPS 9.1(c) of Appendix Service Providers from Switzerland.
AR 2.4. A person applying for administrative review must apply online on the Administrative Review form on the gov.uk website.
- AR 2.5. An application for administrative review must meet all the following requirements:
- (a) any fee must have been paid; and
- (b) the application must have been made within the relevant time period set out in AR 2.6, unless AR 2.14. applies.
- AR 2.6. The time limit for making an application for administrative review is
- (a) where the eligible decision is a refusal of an application for permission to stay or a decision to cancel permission to enter or stay in the UK, and on the date of the decision the person was detained under the Immigration Acts, 7 calendar days from the date they receive notice of the eligible decision; and
- (b) where the eligible decision is a refusal of an application for entry clearance, 28 calendar days from the date the person receives the notice of the eligible decision; and
- (c) where the eligible decision is a refusal of an application for permission to stay, and the person is not detained, 14 calendar days from the date in which the person receives notice of the eligible decision; and
- (d) where the eligible decision is a decision to cancel permission to enter or stay in the UK, and the person is not detained, 14 calendar days from the date on which the person received notice of the eligible decision; and
- (e) where the administrative review relates to the period of grant or conditions of grant, 14 calendar days after the person receives notice of the grant of permission specifying the length and conditions of their permission.
AR 2.7. An application for administrative review is made on the date on which it is submitted online.
AR 2.8. There must not previously have been an application for administrative review in relation to the eligible decision, unless on a previous application for administrative review the eligible decision was maintained for different or additional reasons, in which case an application for administrative review can be made in relation to the maintained decision.
AR 2.9. Where the eligible decision is a refusal of an application for entry clearance, a person can only apply for administrative review if they are outside the UK.
AR 2.10. Where the eligible decision is made in the Control Zone, a person cannot apply for administrative review until they have left, or been removed from, the Control Zone.
- AR 2.11. A person may only include an eligible decision for a partner, dependent child or other family member in their application for administrative review where that family member:
- (a) was a dependent in the application which resulted in the eligible decision; or
- (b) was previously granted permission to enter or stay as a dependent of the applicant for administrative review and that permission is being cancelled at the same time the applicant’s permission is being cancelled.
AR 2.12. An application for administrative review of an eligible decision under Appendix AR may not be made if the applicant has previously signed an administrative review waiver form in respect of the eligible decision.
AR 2.13. An application for administrative review which does not meet all the validity requirements for administrative review must be rejected as invalid and not considered, unless AR 2.14. applies.
AR 2.14. The application for administrative review may be accepted outside the relevant time limit in AR 2.6. if the decision maker is satisfied that it would be unjust not to waive the time limit and that the application was made as soon as reasonably practicable.
- AR 3.1. The decision maker conducting the administrative review (“the reviewer”) will decide whether the eligible decision is incorrect because:
- (a) the decision maker of the eligible decision failed to apply, or incorrectly applied, the relevant Immigration Rules; or
- (b) the decision maker of the eligible decision failed to apply, or incorrectly applied, published guidance.
AR 3.2. The reviewer will consider whether the applicant for administrative review is entitled to entry clearance or permission on the basis of the original application and will not consider whether the applicant is entitled to entry clearance or permission on any other basis.
- AR 3.3. Where evidence which was not before the original decision maker is submitted with the application for administrative review, the reviewer will only consider that evidence where the eligible decision was:
- (a) a decision under Part 9 of these rules to refuse an application on the grounds of false representations or deception; or
- (b) a decision under Part 9 of these rules, to cancel entry clearance, permission to enter or permission to stay on the grounds of false representations or deception; or;
- (c) a decision to refuse an application for entry clearance under Part 9 of these rules on the grounds of a previous breach of immigration laws; or
- (d) a decision not to request specified documents under paragraph 245AA of these rules; or
- (e) a failure to follow the evidential flexibility policy published on gov.uk.
AR 3.4. Where evidence would be admissible under AR 3.3, the reviewer may contact the applicant to request further information and specify a reasonable timeframe for receipt of that information.
AR 3.5. Where the requested information is not provided within the timeframe specified, the reviewer may consider the administrative review on the available information.
AR 4.1. Where an administrative review is pending in relation to a decision made while the person was in the UK the applicant for administrative review will not be removed from the UK.
- AR 4.2. Subject to AR 4.3, an administrative review is pending where:
- (a) the relevant time limit for applying for an administrative review has not passed; or
- (b) an application for administrative review has been made and has not been rejected as invalid, decided or withdrawn.
- AR 4.3. An administrative review will be treated as withdrawn:
- (a) where the applicant has waived their right to apply for administrative review by signing an administrative review waiver form; or
- (b) the applicant leaves the UK; or
- (c) the applicant requests the return of their passport because they want to travel outside the UK.
AR 4.4. Where a person has a pending administrative review and they make a new application for entry clearance or permission to enter or stay, the administrative review is treated as withdrawn the day before the new application was made.
AR 4.5. Where an applicant signs an administrative review waiver from and notifies the Home Office that they wish to withdraw their administrative review, the administrative review will be treated as withdrawn on the date the notification is received.
- AR 5.1. The outcome of an administrative review will be one of the following:
- (a) the administrative review succeeds, and the eligible decision is withdrawn (and will be reconsidered); or
- (b) the administrative review does not succeed, and the eligible decision remains in force for all of the reasons given in that decision; or
- (c) the administrative review does not succeed, and the eligible decision remains in force, but one or more of the reasons given for that decision are withdrawn; or
- (d) the administrative review does not succeed, and the eligible decision remains in force, but with different or additional reasons to those given for that decision.
AR 6.1. A decision on an administrative review is to be served in accordance with Appendix SN of these Rules.