Immigration Rules

Immigration Rules Appendix AR (EU)

Administrative Review for the EU Settlement Scheme

Appendix AR (EU)

Eligible decisions

  1. AR(EU)1.1. An applicant may only apply for an administrative review where an eligible decision has been made under Appendix EU, an eligible decision being a decision to:
    1. (a) Refuse their application under paragraph EU6 of Appendix EU because the applicant does not meet the eligibility requirements for indefinite leave to remain under paragraph EU11 or EU12 or for limited leave to remain under paragraph EU14; or
    2. (b) Grant limited leave to remain under paragraph EU3 and not indefinite leave to remain under paragraph EU2.

AR(EU)1.2. An applicant may not apply for an administrative review where a decision has been made under Appendix EU to refuse their application under paragraph EU6 on suitability grounds as set out in paragraph EU15 or EU16.

AR(EU)1.3. An applicant may not apply for an administrative review where their application under Appendix EU has been rejected as invalid under paragraph EU10.

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, Appendix EU;
    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 a grant, or a different grant, of leave under Appendix EU.

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the reviewer considers that the decision is incorrect in accordance with paragraph AR(EU)2.1., the decision will be withdrawn and a new decision made.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