Administrative Review for Work Visa Decisions

When a work visa application in the United Kingdom is refused or a decision appears incorrect, applicants may have a statutory option to challenge the decision through Administrative Review (AR). This process enables individuals to ask the Home Office to reconsider a decision on the basis that a case‑working error was made in applying the Immigration Rules or published guidance. Administrative review is a limited remedy focused on correcting mistakes, not a full merits appeal, and is distinct from judicial review or appeal rights in tribunal. This article explains the legal framework, eligibility, procedural steps, timelines, rights during review, possible outcomes and common issues in work visa administrative review requests.

What Is Administrative Review?

Administrative Review is a formal process under the UK Immigration Rules that enables an applicant to request that UK Visas and Immigration (UKVI) re‑examines a visa refusal or other eligible decision to determine whether the original decision contained a “case working error”. A case working error occurs where the Home Office failed to apply or incorrectly applied the relevant Immigration Rules or published guidance in making the decision. AR is not a platform for raising new eligibility claims or submitting new evidence except in narrowly defined circumstances. Its purpose is to test whether the decision maker made an error that affected the outcome.

The right to administrative review and the requirements for making such an application are set out in Appendix Administrative Review to the Immigration Rules.

1. When Administrative Review Is Available

1.1 Eligibility for Work Visa Administrative Review

You can request administrative review only if your decision letter says you have that right. Refusal notices for work visa applications, including many Skilled Worker visa refusals and some in‑country decisions, will specify whether AR is available.

Key points on eligibility:

• Decision type: AR applies where a visa or permission to stay application is refused or where permission to enter or stay is cancelled at the border.
• Application location: How you applied (inside or outside the UK) affects the time limit for AR and whether you can apply from your current location.
• Previous review: An administrative review can generally be made only once for a given decision, unless a previous AR outcome upheld the decision for different or additional reasons.

If the refusal letter does not mention the right to AR, the decision may instead be subject to an appeal to a tribunal (for example under the Immigration Act schedule) or only to judicial review in the High Court, depending on the visa category.

2. Time Limits and Deadlines

The deadlines for applying for administrative review vary by circumstance:

Inside the UK (permission to stay applications): You must apply within 14 calendar days of receiving the refusal notice. If you were detained when you received the decision, this deadline is shortened to 7 days.

Outside the UK (entry clearance applications): You generally have 28 calendar days from the date of the refusal notice to submit your request.

There are narrow exceptions where a late application may be accepted if the Secretary of State is satisfied it would be unjust not to waive the time limit and the application was made as soon as reasonably practicable.

Important procedural point: An administrative review application must be submitted before making a new visa or immigration application, and if you make another application, your pending review will usually be treated as withdrawn.

3. Grounds for Administrative Review: Case Working Errors

AR is concerned solely with whether the original decision contained a case working error. The reviewer does not re‑weigh evidence or substitute judgment but focuses on whether:

• Relevant Immigration Rules were not applied;
• Guidance was incorrectly applied (for example misinterpreting eligibility criteria);
• There was a clear procedural error in the decision process.

Errors often raised in work visa AR requests include mistakes in interpreting the Certificate of Sponsorship details, incorrect application of salary or skill thresholds, or misapplication of maintenance or identity requirements. An AR request should clearly explain the specific alleged error and how it affected the outcome.

Notably, AR is not a forum to present new evidence that was not before the original decision maker unless it falls under narrowly defined exceptions set out in Appendix AR (for example, certain errors under Part 9 or suitability rules).

4. How to Apply: Process and Fee

4.1 Making the Application

Administrative review must be applied for online using the UKVI administrative review form at Ask for a visa administrative review. The refusal letter will usually include details of where and how to apply.

You must include your full name, date of birth, nationality, reference numbers (including your GWF number), and a clear statement about which decision you want reviewed and why. Emails to the Home Office include these details if withdrawing a review.

4.2 Application Fee

The fee for AR is £80, though refunds are available if the review is rejected as invalid or the outcome overturns the original refusal. If the review upholds the original decision, the fee is not refunded.

Applications that do not meet validity requirements, including time limits, are usually rejected as invalid unless a waiver under Appendix AR is granted.

5. Decision Making and Timelines

5.1 Decision Times

There is no guaranteed deadline for completing an administrative review. Government guidance indicates that it can take six months or more, with some cases exceeding 12 months in practice. If no decision is reached within six months, the Home Office will contact you with an update.

The AR will be conducted by a different caseworker who did not make the original decision, which helps ensure impartial reconsideration.

5.2 Outcomes of Review

The administrative review decision will result in one of the following outcomes:

• The original decision is withdrawn and the case reconsidered;
• The original decision stands for all original reasons;
• The original decision stands, but one or more reasons are withdrawn; or
• The decision stands with different or additional reasons.

If AR succeeds and the refusal is withdrawn, the original application is reconsidered by the casework team. This does not mean the visa is automatically granted; the case is re‑assessed without the identified error.

6. Legal Status and Rights During Review

6.1 Immigration Permission Status

If you applied for AR after refusing a permission to stay application inside the UK, your immigration status may be extended under section 3C of the Immigration Act, and you cannot be removed while the review is pending.

For entry clearance refusals (applications from outside the UK), AR does not grant permission to enter unless the decision is overturned. Applicants remain outside the UK until the review outcome if AR is done from overseas.

6.2 Withdrawal and Effect on Applications

If you withdraw an AR request to pursue another application, the AR is cancelled. Similarly, lodging a new visa application while AR is pending usually withdraws the review automatically.

7. Practical Considerations and Risks

7.1 No Right to Appeal

Administrative review is the limited mechanism available for reviewing work visa decisions where appeal rights do not exist. It differs from judicial review, which must be initiated through the courts and on broader legal grounds. AR focuses on case‑working mistakes and does not involve oral hearings or legal representation before a tribunal.

7.2 Delays and Uncertainty

Processing times can be substantial, and extended delays - sometimes exceeding a year - are not uncommon. Applicants are advised to monitor communications from UKVI and consider formal complaints if delays are unreasonably prolonged.

7.3 Successful AR Follow‑Up

Even if AR overturns the original decision, applicants may need to provide additional documents or attend further processes for the original application's finalisation. A successful AR does not automatically confer immigration permission but corrects errors for re‑assessment.

8. Common Questions

Can I submit new evidence in an administrative review?
Generally, no. Administrative review considers the existing evidence and whether the original decision applied the rules correctly. New evidence is rarely admissible except under specific exceptions in the Rules.

What if I miss the AR deadline?
Missing the deadline ordinarily makes the AR invalid, and only in exceptional unjust circumstances might UKVI waive the time limit.

Can dependants be included?
Yes. Where a refusal applies to dependants included in the original application, they can be included in the same AR if eligibility conditions are met.

Summary

Administrative review is a statutory process that allows applicants to ask the Home Office to reconsider a visa refusal or related decision for work visas where a case‑working error is alleged. It is not a full appeal but a mechanism to correct errors in applying the Immigration Rules or guidance. Rights to apply, time limits, fees, and the procedural framework are set out in Appendix Administrative Review. Applicants must act within strict deadlines, articulate specific errors, and understand that the review can take many months. While administrative review can lead to overturning incorrect decisions, it does not guarantee visa approval and remains distinct from judicial review and other appeal processes.