Immigration Rules

Immigration Rules Appendix AR (EU)

Administrative Review for the EU Settlement Scheme

Appendix AR (EU)

Eligible decisions

AR(EU)A1. An application for administrative review of an eligible decision made under Appendix EU, Appendix EU (Family Permit), Appendix S2 Healthcare Visitor or Appendix Service Providers from Switzerland may only be made in accordance with this Appendix. Appendix AR does not apply to such applications.

  1. AR(EU)1.1. An applicant may only apply for an administrative review where an eligible decision has been made. An eligible decision is a decision to:

    1. (a) Refuse an application under paragraph EU6 of Appendix EU because the applicant does not meet the eligibility requirements for indefinite leave to enter or remain under paragraph EU11, EU11A or EU12 or for limited leave to enter or remain under paragraph EU14 or EU14A; or

    2. (b) Grant limited leave to enter or remain under paragraph EU3 of Appendix EU and not indefinite leave to enter or remain under paragraph EU2; or

    3. (c) Grant limited leave to enter or remain under paragraph EU3A of Appendix EU and not indefinite leave to enter or remain under paragraph EU2A; or

    4. (d) Cancel leave granted under Appendix EU on the grounds that the person ceases to meet the requirements of that Appendix for that leave; or

    5. (e) Cancel leave to enter granted by virtue of having arrived in the UK with an entry clearance that was granted under Appendix EU (Family Permit) where since the entry clearance was granted, there has been a change in circumstances that is, or would have been, relevant to that person’s eligibility for that entry clearance, such that their leave to enter ought to be cancelled; or

    6. (f) Refuse an application under paragraph HV9.1 of Appendix S2 Healthcare Visitor because the applicant does not meet the eligibility requirements for permission to enter or remain as an S2 Healthcare Visitor; or

    7. (g) Cancel permission to enter to a person who holds entry clearance under Appendix S2 Healthcare Visitor, where, since the entry clearance was granted, there has been a change in circumstances which means the person no longer meets the eligibility requirements for permission to enter; or

    8. (h) Refuse permission to enter to a non-visa national seeking to come to the UK as an S2 Healthcare Visitor for 6 months or less, because they do not meet the eligibility requirements of Appendix S2 Healthcare Visitor; or

    9. (i) Refuse an application for entry clearance under paragraph SPS7.1 of Appendix Service Providers from Switzerland because the applicant does not meet the eligibility requirements of that Appendix; or

    10. (j) Cancel permission to enter to a person who holds an entry clearance under Appendix Service Providers from Switzerland, where, since the entry clearance was granted, there has been a change in circumstances which means the person no longer meets the eligibility requirements for permission to enter.

AR(EU)1.1A. DELETED

  1. AR(EU)1.2. An applicant may not apply for an administrative review where a decision has been made to:

    1. (a) Refuse an application under paragraph EU6 of Appendix EU on suitability grounds as set out in paragraph EU15 or EU16; or

    2. (b) Refuse an application under paragraph HV9.1 of Appendix S2 Healthcare Visitor where the suitability requirements are not met; or

    3. (c) Refuse permission to enter to a person who holds entry clearance under Appendix S2 Healthcare Visitor, where, since the entry clearance was granted, there has been a change in circumstances which means the person no longer meets the suitability requirements for permission to enter; or

    4. (d) Refuse an application for entry clearance under paragraph SPS 7.1 of Appendix Service Providers from Switzerland because the applicant does not meet the suitability requirements of that Appendix; or

    5. (e) Refuse permission to enter to a person who holds an entry clearance under Appendix Service Providers from Switzerland, where, since the entry clearance was granted, there has been a change in circumstances which means the person no longer meets the suitability requirements for permission to enter

AR(EU)1.3. An applicant may not apply for an administrative review where their application has been rejected as invalid under paragraph EU10(1) of Appendix EU, paragraph HV1.7. of Appendix S2 Healthcare Visitor or paragraph SPS 1.4. of Appendix Service Providers from Switzerland.

Consideration

  1. AR(EU)2.1. The person considering the administrative review on behalf of the Secretary of State (“the reviewer”) will decide whether the decision is incorrect because:
    1. (a) The decision maker failed to apply, or incorrectly applied, the relevant Immigration Rules;
    2. (b) The decision maker failed to apply, or incorrectly applied, the published guidance in relation to the application; or
    3. (c) Information or evidence that was not before the decision maker has been provided to the reviewer which shows that the applicant qualifies for:
      1. (i) a grant, or a different grant, of leave under Appendix EU; or
      2. (ii) permission to enter or stay in the UK under Appendix S2 Healthcare Visitor; or
      3. (iii) entry clearance or permission to enter under Appendix Service Providers from Switzerland.

AR(EU)2.2. Where the reviewer considers that the decision is incorrect in accordance with paragraph AR(EU)2.1., the decision will be withdrawn and a new decision made. Otherwise, the decision will be maintained.

AR(EU)2.3. The reviewer will consider any information and evidence submitted with the application for administrative review, including information and evidence that was not before the original decision-maker.

AR(EU)2.4. The reviewer may contact the applicant or their representative to request further information or evidence, to be provided within a reasonable timeframe specified in the request.

AR(EU)2.5. The reviewer will notify the applicant of the outcome of the administrative review by notice under Appendix SN.

Applications for administrative review

AR(EU)3.1. A valid application for administrative review under this Appendix must be made in accordance with paragraphs 34M to 34Y of these Rules.

  1. AR(EU)3.2. An application for administrative review under this Appendix is decided when:
    1. (a) It is rejected as invalid because it does not meet the requirements of paragraph 34N to 34S of these Rules;
    2. (b) It is withdrawn in accordance with paragraph 34X of these Rules; or
    3. (c) The notice of outcome is served in accordance with Appendix SN.

Effect of a pending administrative review on liability for removal

  1. AR(EU)4.1. Where an administrative review under this Appendix is pending the Home Office will not seek to remove the applicant from the United Kingdom.
  1. AR(EU)4.2. For the purposes of paragraph AR(EU)4.1., an administrative review is pending where:

    1. (a) 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);

    2. (b) A further application for administrative review can be made in accordance with paragraph 34M(2A) of these Rules; or

    3. (c) An application for administrative review has been made and has not yet been decided.

  1. AR(EU)4.3. However, an administrative review is not pending where the applicant has waived their right to apply for an administrative review of an eligible decision by signing an administrative review waiver form.