Immigration Rules Appendix AR: administrative review
Administrative Review
Administrative review is available where an eligible decision has been made. Decisions eligible for administrative review are listed in paragraphs AR3.2, AR4.2 or AR5.2 of this Appendix.
Administrative review will consider whether an eligible decision is wrong because of a case working error and, if it is considered to be wrong, the decision will be withdrawn or amended as set out in paragraph AR2.2 of this Appendix.
Rules about how to make a valid application for administrative review are set out at paragraphs 34M to 34Y of these Rules.
This Appendix does not apply to decisions taken under Appendix EU, Appendix EU (Family Permit), Appendix S2 Healthcare Visitor or Appendix Service Providers from Switzerland, other than as set out in paragraph AR2.11(aa).
Definitions
AR1.1 For the purpose of this Appendix the following definitions apply:
Applicant | the individual applying for administrative review |
---|---|
Case working error | an error in decision-making listed in paragraph AR2.11 |
Control Zone | has the meaning given collectively by Schedule 1 to the (International Arrangements) Order 1993, Schedule 1 to the Channel Tunnel (Miscellaneous Provisions) Order 1994 and regulation 2 of the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003. In these Rules it also includes a “supplementary control zone” as defined by Schedule 1 to the Channel Tunnel (International Arrangements) Order 1993. |
Valid application | an application for administrative review made in accordance with paragraphs 34M to 34Y of these Rules |
Pending | as defined in paragraph AR2.9 |
Reviewer | the Home Office case worker, Immigration Officer or Entry Clearance Manager conducting the administrative review. |
Original decision maker | the Home Office case worker, Immigration Officer or Entry Clearance Officer who made the eligible decision. |
What is administrative review?
- AR2.1 Administrative review is the review of an eligible decision to decide whether the decision is wrong due to a case working error.
Outcome of administrative review
- AR2.2 The outcome of an administrative review will be:
- (a) Administrative review succeeds and the eligible decision is withdrawn; or
- (b) Administrative review does not succeed and the eligible decision remains in force and all of the reasons given for the decision are maintained; or
- (c) Administrative review does not succeed and the eligible decision remains in force but one or more of the reasons given for the decision are withdrawn; or
- (d) Administrative review does not succeed and the eligible decision remains in force but with different or additional reasons to those specified in the decision under review.
What will be considered on administrative review?
- AR2.3 The eligible decision will be reviewed to establish whether there is a case working error, either as identified in the application for administrative review, or identified by the Reviewer in the course of conducting the administrative review.
- AR2.4 The Reviewer will not consider any evidence that was not before the
original decision maker except where:
- (a) evidence that was not before the original decision maker is submitted to demonstrate that a case working error as defined in paragraph AR2.11 (a), (b) or (c) has been made; or
- (b) the evidence is submitted to demonstrate that the refusal of an application for permission to stay under paragraphs 9.7.1, 9.7.2 or 9.7.3 of Part 9 of these Rules was a case working error and the applicant has not previously been served with a decision to:
- (i) refuse an application for entry clearance, leave to enter or leave to remain;
- (ii) revoke entry clearance, leave to enter or leave to remain;
- (iii) cancel leave to enter or leave to remain;
- (iv) curtail leave to enter or leave to remain; or
- (v) remove a person from the UK, with the effect of invalidating leave to enter or leave to remain,
- which relied on the same findings of facts.
- AR2.5 If the applicant has identified a case working error as defined in paragraph AR2.11 (a), (b) or (c), the Reviewer may contact the applicant or his representative in writing, and request relevant evidence. The requested evidence must be received at the address specified in the request within 7 working days of the date of the request.
- AR2.6 The Reviewer will not consider whether the applicant is entitled to leave to remain on some other basis and nothing in these rules shall be taken to mean that the applicant may make an application for leave or vary an existing application for leave, or make a protection or human rights claim, by seeking administrative review.
Applying for administrative review
AR2.7 The rules setting out the process to be followed for making an application for administrative review are at 34M to 34Y of these Rules.
Effect of Pending administrative review on liability for removal
AR2.8 Where administrative review is pending the Home Office will not seek to remove the applicant from the United Kingdom.
When is administrative review pending?
- AR2.9 Administrative review is pending for the purposes of paragraph AR2.8 of this Appendix and sections 3C(2)(d) and 3D(2)(c) of the Immigration Act 1971:
- (a) While an application for administrative review can be made in accordance with 34M to 34Y of these Rules, ignoring any possibility of an administrative review out-of-time under paragraph 34R(3);
- (b) While a further application for administrative review can be made in accordance with paragraph 34M(2) of these Rules following a notice of outcome at AR2.2(d) served in accordance with Appendix SN of these Rules;
- (c) When an application for administrative review has been made until:
- (i) the application for administrative review is rejected as invalid because it does not meet the requirements of paragraph 34N to 34S of these Rules;
- (ii) the application for administrative review is withdrawn in accordance with paragraph 34X; or
- (iii) the notice of outcome at AR2.2(a), (b) or (c) is served in accordance with Appendix SN of these Rules.
- AR2.10 Administrative review is not pending when:
- (a) an administrative review waiver form has been signed by an individual in respect of whom an eligible decision has been made. An administrative review waiver form is a form where the person can declare that although they can make an application in accordance with paragraphs 34M to 34Y of these Rules, they will not do so;
- (b) administrative review has previously been pending and the individual in respect of whom the eligible decision has been made submits a fresh application for entry clearance, leave to enter or leave to remain. In this case the day prior to the day on which the fresh application is submitted is the last day on which administrative review is pending.
- AR2.11
- (a) Where the original decision maker’s decision to:
- (i) refuse an application on the basis of paragraph 9.7.1, 9.7.2, 9.8.1 or 9.8.2 of Part 9 of these Rules; or
- (ii) cancel entry clearance or permission which is in force under paragraph 9.7.3 of Part 9 of these Rules; or
- (iii)refuse an application of the type specified in paragraph AR3.2(d) of this Appendix on grounds of deception;
- is incorrect;
- (aa) Where the original decision maker’s decision taken before 5 October 2023 to:
- (i) 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
- (ii) cancel permission to enter or stay which is in force under paragraph HV11.1(c) of Appendix S2 Healthcare Visitor; or
- (iii) cancel permission to enter which is in force under paragraph SPS9.1(c) of Appendix Service Providers from Switzerland;
- is incorrect;
- (b) Where the original decision maker’s decision to refuse an application on the basis that the date of application was beyond any time limit in these Rules was incorrect;
- (c) Where the original decision maker’s decision not to request specified documents under paragraph 245AA of these Rules was incorrect;
- (d) Where the original decision maker otherwise applied the Immigration Rules incorrectly; or
- (e) Where the original decision maker failed to apply the Secretary of State’s relevant published policy and guidance in relation to the application.
- (a) Where the original decision maker’s decision to:
- AR2.12 Additionally, where the eligible decision is one specified in paragraph AR3.2, a case working error is also where there has been an error in calculating the correct period or conditions of immigration leave either held or to be granted.
Decisions eligible for administrative review in the United Kingdom
- AR3.1 Administrative review is only available where an eligible decision has been made.
- AR3.2 An eligible decision is:
- (a) A decision on an application where the application was made on or after 20th October 2014 for leave to remain as:
- (i) a Tier 4 Migrant under the Points Based System; or
- (ii) the partner of a Tier 4 Migrant under paragraph 319C of the Immigration Rules; or
- (iii) the child of a Tier 4 Migrant under paragraph 319H of the Immigration Rules.
- (aa) A decision on an application where the application was made on or after 5 October 2020 at 0900 for permission to stay as:
- (i) a Student under Appendix ST: Student; or
- (ii) a Child Student under Appendix CS: Child Student; or
- (iii) the dependant partner of a Student under Appendix ST: Student; or
- (iv) the dependant child of a Student under Appendix ST: Student; or
- (v) the Parent of a Child Student under Part 7.
- (b) A decision on an application where the application was made on or after 2nd March 2015 for leave to remain, as:
- (i) a Tier 1, 2 or 5 Migrant under the Points Based System; or
- (ii) the partner of a Tier 1, 2 or 5 Migrant under paragraphs 319C or 319E of the Immigration Rules; or
- (iii) the child of a Tier 1, 2 or 5 Migrant under paragraphs 319H or 319J of the Immigration Rules.
- (c) A decision made on or after 6th April 2015 on an application for leave to remain made under these Rules unless it is an application as a visitor, or an application under Appendix Ukraine Scheme, or an application under Appendix Afghan Relocation and Assistance Policy (ARAP), or where an application or human rights claim is made under:
- (i) Paragraph 276B (long residence);
- (ii) Paragraphs 276ADE(1) or 276DE (private life);
- (iii) Paragraphs 276U and 276AA (partner or child of a member of HM Forces);
- (iv) Paragraphs 276AD and 276AG (partner or child of a member of HM Forces) where the sponsor is a foreign or Commonwealth member of HM Forces and has at least 4 years’ reckonable service in HM Forces at the date of application;
- (v) Part 8 of these Rules (family members) where the sponsor is present and settled in the UK (unless the application is made under paragraphs 319AA to 319J of these Rules, or under paragraph 284, 287, 295D or 295G where the sponsor was granted settlement as a Points Based System Migrant) or has refugee or humanitarian protection status in the UK;
- (vi) Part 11 of these Rules (asylum);
- (vii) Part 4 or Part 7 of Appendix Armed Forces (partner or child of a member of HM Forces) where the sponsor is a British Citizen or has at least 4 years’ reckonable service in HM Forces at the date of application;
- (viii) Appendix FM (family members), but not where an application is made under section BPILR (bereavement) or section DVILR (domestic violence);
- (ix) Appendix Private Life;
- (x) Appendix Settlement Family Life;
- (xi) Appendix Settlement Protection;
- (xii) Appendix Adult Dependent Relative;
- (xiii) Appendix Family Reunion (Protection);
- (xiv) Appendix Child staying with or joining a Non-Parent Relative (Protection).
- (d) A decision made on or after 6th April 2015 on an application for leave to remain made by a Turkish national or their family member pursuant to the UK’s obligations under Article 41 of the Additional Protocol to the European Community Association Agreement (ECAA) with Turkey, and under Article 6(1) of Decision 1/80 of the Association Council established by that agreement.
- (e) A decision on an application where the application was made on or after 1 December 2020 for permission to stay as:
- (i) a Student under Appendix Student; or
- (ii) a Child Student under Appendix Child Student; or
- (iii) the Parent of a Child Student under Appendix Parent of a Child Student; or
- (iv) a Skilled Worker under Appendix Skilled Worker; or
- (v) an Intra-company routes worker under Appendix Intra-Company Routes; or
- (vi) a Minister of Religion under Appendix T2 Minister of Religion; or
- (vii) a Sportsperson under Appendix T2 Sportsperson; or
- (viii) a Representative of an Overseas Business under Appendix Representative of an Overseas Business; or
- (ix) a person with UK Ancestry under Appendix UK Ancestry; or
- (x) a person on the Global Talent route under Appendix Global Talent; or (xi)a person on the Start-up route under Appendix Start-up; or
- (xii) an Innovator under Appendix Innovator and Appendix Innovator Founder; or
- (xiii) a Seasonal Worker under Appendix T5 (Temporary Worker) Seasonal Worker; or
- (xiv) a Youth Mobility Worker under Appendix T5 (Temporary Worker) Youth Mobility Scheme; or
- (xv) a Religious Worker under Appendix T5 (Temporary Worker) Religious Worker; or
- (xvi) a Charity Worker under Appendix T5 (Temporary Worker) Charity Worker; or
- (xvii) a Creative or Sporting Worker under Appendix T5 (Temporary Worker) Creative or Sporting Worker; or
- (xviii) an International Agreement Worker under Appendix T5 (Temporary Worker) International Agreement Worker; or
- (xix) a Government Authorised Exchange Worker under Appendix T5 (Temporary Worker) Government Authorised Exchange Worker route.
- (f) A decision on an application where the application was made on or after 1 December 2020 for permission to stay as the dependent partner or dependent child of:
- (i) a Student under Appendix Student; or
- (ii) a Skilled Worker under Appendix Skilled Worker; or
- (iii) an Intra-company routes worker under Appendix Intra-Company Routes; or
- (iv) a Minister of Religion under Appendix T2 Minister of Religion; or
- (v) a Sportsperson under Appendix T2 Sportsperson; or
- (vi) a Representative of an Overseas Business under Appendix Representative of an Overseas Business; or
- (vii) a person with UK Ancestry under Appendix UK Ancestry; or
- (viii) a person on the Global Talent route under Appendix Global Talent; or
- (ix) a person on the Start-up route under Appendix Start-up; or
- (x) an Innovator under Appendix Innovator and Appendix Innovator Founder; or
- (xi) a Religious Worker under Appendix T5 (Temporary Worker) Religious Worker; or
- (xii) a Charity Worker under Appendix T5 (Temporary Worker) Charity Worker; or
- (xiii) a Creative or Sporting Worker under Appendix T5 (Temporary Worker) Creative or Sporting Worker; or
- (xiv) an International Agreement Worker under Appendix T5 (Temporary Worker) International Agreement Worker; or
- (xv) a Government Authorised Exchange Worker under Appendix T5 (Temporary Worker) Government Authorised Exchange Worker route.
- (g) A decision on an application where the application was made on or after 31 January 2021 for permission to stay as:
- (i) a Hong Kong British National (Overseas) under Appendix Hong Kong British National (Overseas); or
- (ii) the dependent partner, BN(O) Household Child, BN(O) Household Member, or Adult Dependent Relative of a Hong Kong British National (Overseas) under Appendix Hong Kong British National (Overseas).
- (h) A decision on an application where the application was made on or after 6 May 2021 for permission to stay as:
- (i) a Domestic Worker in a Private Household under Appendix Domestic Worker in a Private Household; or
- (ii) the dependant partner or dependant child of a Domestic Worker in a Private Household under Appendix Domestic Worker in a Private Household; or
- (iii) a Domestic Worker Victim of Modern Slavery under Appendix Domestic Worker Victim of Modern Slavery.
- (i) A decision on an application where the application was made on or after 0900 on 1 July 2021 for permission to stay as either:
- (i) a Graduate under Appendix Graduate; or
- (ii) the dependant partner or dependant child of a Graduate under Appendix Graduate.
- (j) A decision on an application where the application was made on or after 0900 on 11 October 2021 for permission to stay as:
- (i) an International Sportsperson under Appendix International Sportsperson; or
- (ii) a Seasonal Worker under Appendix Temporary Work - Seasonal Worker; or
- (iii) a person on the Youth Mobility Scheme route under Appendix Youth Mobility Scheme; or
- (iv) a Religious Worker under Appendix Temporary Work - Religious Worker; or
- (v) a Charity Worker under Appendix Temporary Work - Charity Worker; or
- (vi) a Creative Worker under Appendix Temporary Work - Creative Worker; or
- (vii) a person on the International Agreement route under Appendix Temporary Work - International Agreement; or
- (viii) a person on the Government Authorised Exchange route under Appendix Temporary Work - Government Authorised Exchange.
- (k) A decision on an application where the application was made on or after 0900 on 11 October 2021 for permission to stay as the dependent partner or dependent child of:
- (i) an International Sportsperson under Appendix International Sportsperson; or
- (ii) a Religious Worker under Appendix Temporary Work - Religious Worker; or
- (iii) a Charity Worker under Appendix Temporary Work - Charity Worker; or
- (iv) a Creative Worker under Appendix Temporary Work - Creative Worker; or
- (v) a person on the International Agreement route under Appendix Temporary Work - International Agreement; or
- (vi) a person on the Government Authorised Exchange route under Appendix Temporary Work - Government Authorised Exchange.
- (l) A decision on an application where the application was made for permission to stay as:
- (i) a Scale-up Worker under Appendix Scale-up; or
- (ii) the partner or child of a Scale-up Worker under Appendix Scale-up.
- (m) A decision on an application where the application was made for permission to stay as:
- (i) a High Potential Individual under Appendix High Potential Individual; or
- (ii) the partner or child of a High Potential Individual under Appendix High Potential Individual.
- (n) A decision on an application where the application was made for permission to stay as:
- (i) a Senior or Specialist Worker under Appendix Global Business Mobility – Senior or Specialist Worker; or
- (ii) a Graduate Trainee under Appendix Global Business Mobility – Graduate Trainee; or
- (iii) an Expansion Worker under Appendix Global Business Mobility – UK Expansion Worker; or
- (iv) a Secondment Worker under Appendix Global Business Mobility – Secondment Worker; or
- (v) a Service Supplier under Appendix Global Business Mobility – Service Supplier.
- (o) A decision on an application where the application was made for permission to stay as the partner or child of:
- (i) a Senior or Specialist Worker under Appendix Global Business Mobility – Senior or Specialist Worker; or
- (ii) a Graduate Trainee under Appendix Global Business Mobility – Graduate Trainee; or
- (iii) an Expansion Worker under Appendix Global Business Mobility – UK Expansion Worker; or
- (iv) a Secondment Worker under Appendix Global Business Mobility – Secondment Worker; or
- v) a Service Supplier under Appendix Global Business Mobility – Service Supplier.
- (p) A decision on an application where the application was made for settlement as:
- (i) a Gurkha or Hong Kong military unit veteran under Appendix Gurkha and Hong Kong military unit veteran discharged before 1 July 1997; or
- (ii) the partner, bereaved partner, or child of a Gurkha or Hong Kong military unit veteran under Appendix Gurkha and Hong Kong military unit veteran discharged before 1 July 1997.
- (q) A decision on an application for settlement as:
- (i) a Victim of Domestic Abuse under Appendix Victim of Domestic Abuse; or
- (ii) the dependent child of a Victim of Domestic Abuse under Appendix Victim of Domestic Abuse; or
- (iii) a Bereaved Partner under Appendix Bereaved Partner; or
- (iv) the dependent child of a Bereaved Partner under Appendix Bereaved Partner.
- (r) A decision on an application for permission to stay as:
- (i) a Stateless person under Appendix Statelessness ; or
- (ii) the partner or dependent child of a Stateless person under Part 14.
- (a) A decision on an application where the application was made on or after 20th October 2014 for leave to remain as:
- AR3.3 An eligible decision in paragraph AR3.2 is either a decision to refuse an application for leave to remain or a decision to grant leave to remain where a review is requested of the period or conditions of leave granted.
Decisions eligible for administrative review on arrival in the United Kingdom
- AR4.1 Administrative review is only available where an eligible decision has been made.
- AR4.2 An eligible decision is a decision made on or after 6th April 2015 to cancel leave to enter or remain with the result that the applicant has no leave to enter or remain, where the reason for cancellation is:
- (a) there has been such a change of circumstances in the applicant’s case since that leave was given that it should be cancelled;
- (b) the leave was obtained as a result of false information given by the applicant or the applicant’s failure to disclose material facts.
- AR4.3 Where the eligible decision is made in the Control Zone, administrative review may not be applied for and will not be considered until after the applicant has left or been removed from the Control Zone.
Decisions eligible for administrative review overseas
- AR5.1 Administrative review is only available where an eligible decision has been made.
- AR5.2 (a) An eligible decision is a refusal of an application for entry clearance made on or after 6th April 2015 under the Rules unless it is an application under Part 3 of these Rules (short-term students), under Appendix EU (Family Permit), under Appendix Ukraine Scheme, under Appendix Afghan Relocation and Assistance Policy (ARAP), or as a visitor, or where an application or human rights claim is made under:
- (i) Paragraphs 276R and 276X (partner or child of a member of HM Forces);
- (ii) Paragraphs 276AD and 276AG (partner or child of a member of HM Forces) where the sponsor is a foreign or Commonwealth member of HM Forces and has at least 4 years’ reckonable service in HM Forces at the date of application;
- (iii) Part 8 of these Rules (family members) where the sponsor is present and settled in the UK (unless the application is made under paragraphs 319AA to 319J of these Rules) or has refugee or humanitarian protection status in the UK;
- (iv) Part 4 or Part 7 of Appendix Armed Forces (partner or child of a member of HM Forces) where the sponsor is a British Citizen or has at least 4 years’ reckonable service in HM Forces at the date of application;
- (v) Appendix FM (family members);
- (vi) Appendix Adult Dependent Relative.
- (aa) An eligible decision is also a refusal of an application for entry clearance made on or after 5 October 2020 as:
- (i) a Student; or
- (ii) a Child Student; or
- (iii) the Parent of a Child Student; or
- (iv) the dependent partner or dependent child of a Student.
- (b) An eligible decision is also a refusal of an application for entry clearance made on or after 6th April 2015 by a Turkish national or their family member pursuant to the UK’s obligations under Article 41 of the Additional Protocol to the European Community Association Agreement (ECAA) with Turkey.
- (c) An eligible decision is also a refusal of an application for entry clearance made on or after 1 December 2020 as:
- (i) a Short-term Student under Appendix Short-term Student (English language); or
- (ii) a Skilled Worker under Appendix Skilled Worker; or
- (iii) an Intra-company Transfer route worker under Appendix Intra- Company Routes; or
- (iv) a Minister of Religion under Appendix T2 Minister of Religion; or
- (v) a Sportsperson under Appendix T2 Sportsperson; or
- (vi) a Representative of an Overseas Business under Appendix Representative of an Overseas Business; or
- (vii) a person with UK Ancestry under Appendix UK Ancestry; or
- (viii) a person on the Global Talent route under Appendix Global Talent; or
- (ix) a person on the Start-up route under Appendix Start-up; or
- (x) an Innovator under Appendix Innovator and Appendix Innovator Founder; or
- (xi) a Seasonal Worker under Appendix T5 (Temporary Worker) Seasonal Worker; or
- (xii) a Youth Mobility Worker under Appendix T5 (Temporary Worker) Youth Mobility Scheme; or
- (xiii) a Religious Worker under Appendix T5 (Temporary Worker) Religious Worker; or
- (xiv) a Charity Worker under Appendix T5 (Temporary Worker) Charity Worker; or
- (xv) a Creative or Sporting Worker under Appendix T5 (Temporary Worker) Creative or Sporting Worker; or
- (xvi) an International Agreement Worker under Appendix T5 (Temporary Worker) International Agreement Worker; or
- (xvii) a Government Authorised Exchange Worker under Appendix T5 (Temporary Worker) Government Authorised Exchange Worker route.
- (d) An eligible decision is also a refusal of an application for entry clearance made on or after 1 December 2020 as the dependent partner or dependent child of:
- (i) a Skilled Worker under Appendix Skilled Worker; or
- (ii) an Intra-company routes worker under Appendix Intra-Company Routes; or
- (iii) a Minister of Religion under Appendix T2 Minister of Religion; or
- (iv) a Sportsperson under Appendix T2 Sportsperson; or
- (v) a Representative of an Overseas Business under Appendix Representative of an Overseas Business; or
- (vi) a person with UK Ancestry under Appendix UK Ancestry; or
- (vii) a person on the Global Talent route under Appendix Global Talent; or
- (viii) a person on the Start-up route under Appendix Start-up; or
- (ix) an Innovator under Appendix Innovator and Appendix Innovator Founder; or
- (x) a Religious Worker under Appendix T5 (Temporary Worker) Religious Worker; or
- (xi) a Charity Worker under Appendix T5 (Temporary Worker) Charity Worker; or
- (xii) a Creative or Sporting Worker under Appendix T5 (Temporary Worker) Creative or Sporting Worker; or
- (xiii) an International Agreement Worker under Appendix T5 (Temporary Worker) International Agreement Worker; or
- (xiv) a Government Authorised Exchange Worker under Appendix T5 (Temporary Worker) Government Authorised Exchange Worker route.
- (e) An eligible decision is also a refusal of an application for entry clearance made on or after 31 January 2021 as:
- (i) a Hong Kong British National (Overseas) under Appendix Hong Kong British National (Overseas); or
- (ii) the dependent partner, BN(O) Household Child, BN(O) Household Member, or Adult Dependent Relative of a Hong Kong British National (Overseas) under Appendix Hong Kong British National (Overseas).
- (f) An eligible decision is also a refusal of an application for entry clearance made on or after 6 May 2021 as:
- (i) an Overseas Domestic Worker under Appendix Overseas Domestic Worker.
- (g) An eligible decision is also a refusal of an application for entry clearance made on or after 0900 on 11 October 2021 as:
- (i) an International Sportsperson under Appendix International Sportsperson; or
- (ii) a Seasonal Worker under Appendix Temporary Work - Seasonal Worker; or
- (iii) a person on the Youth Mobility Scheme route under Appendix Youth Mobility Scheme; or
- (iv) a Religious Worker under Appendix Temporary Work - Religious Worker; or
- (v) a Charity Worker under Appendix Temporary Work - Charity Worker; or
- (vi) a Creative Worker under Appendix Temporary Work - Creative Worker; or
- (vii) a person on the International Agreement route under Appendix Temporary Work - International Agreement; or
- (viii) a person on the Government Authorised Exchange route under Appendix Temporary Work - Government Authorised Exchange.
- (h) An eligible decision is also a refusal of an application for entry clearance made on or after 0900 on 11 October 2021as the dependent partner or dependent child of:
- (i) an International Sportsperson under Appendix International Sportsperson; or
- (ii) a Religious Worker under Appendix Temporary Work - Religious Worker; or
- (iii) a Charity Worker under Appendix Temporary Work - Charity Worker; or
- (iv) a Creative Worker under Appendix Temporary Work - Creative Worker; or
- (v) a person on the International Agreement route under Appendix Temporary Work - International Agreement; or
- (vi) a person on the Government Authorised Exchange route under Appendix Temporary Work - Government Authorised Exchange.
- (i) An eligible decision is also a refusal of an application for entry clearance as:
- (i) a Scale-up Worker under Appendix Scale-up; or
- (ii) the partner or child of a Scale-up Worker under Appendix Scale-up.
- (j) An eligible decision is also a refusal of an application for entry clearance as:
- (i) a High Potential Individual under Appendix High Potential Individual; or
- (ii) the partner or child of a High Potential Individual under Appendix High Potential Individual.
- (k) An eligible decision is also a refusal of an application for entry clearance as:
- (i) a Senior or Specialist Worker under Appendix Global Business Mobility – Senior or Specialist Worker; or
- (ii) a Graduate Trainee under Appendix Global Business Mobility – Graduate Trainee; or
- (iii) an Expansion Worker under Appendix Global Business Mobility – UK Expansion Worker; or
- (iv) a Secondment Worker under Appendix Global Business Mobility – Secondment Worker; or
- (v) a Service Supplier under Appendix Global Business Mobility – Service Supplier.
- (l) An eligible decision is also a refusal of an application for entry clearance as the partner or child of:
- (i) a Senior or Specialist Worker under Appendix Global Business Mobility – Senior or Specialist Worker; or
- (ii) a Graduate Trainee under Appendix Global Business Mobility – Graduate Trainee; or
- (iii) an Expansion Worker under Appendix Global Business Mobility – UK Expansion Worker; or
- (iv) a Secondment Worker under Appendix Global Business Mobility – Secondment Worker; or
- (v) a Service Supplier under Appendix Global Business Mobility – Service Supplier.
- (m) An eligible decision is also a refusal of an application for entry clearance as:
- (i) a Gurkha or Hong Kong military unit veteran under Appendix Gurkha and Hong Kong military unit veteran discharged before 1 July 1997; or
- (ii) the partner, bereaved partner, or child of a Gurkha or Hong Kong military unit veteran under Appendix Gurkha and Hong Kong military unit veteran discharged before 1 July 1997.
- (n) An eligible decision is also a refusal of an application for entry clearance as:
- (i) a Victim of Domestic Abuse under Appendix Victim of Domestic Abuse; or
- (ii) the dependent child of a Victim of Domestic Abuse under Appendix Victim of Domestic Abuse; or
- (iii) a Bereaved Partner under Appendix Bereaved Partner; or
- (iv) the dependent child of a Bereaved Partner under Appendix Bereaved Partner.