PBS Refusals & Admin Reviews

Administrative Review can be a complex process; however, by engaging RVS Solicitors, you can be assured that because we have successfully navigated this process many times for our clients, we can wholly take care of the matter for you.

The harsh reality for many migrants to the UK who have been refused a visa under the Points-Based-System (PBS), is that there is often no full right of appeal.

The process of Administrative Review offers hope for many of having a refusal reversed if it is believed there was a mistake when the adverse decision was made.

To apply, you will need to fulfil specific criteria, however, this route offers a good chance of overturning the negative decision you received.

How RVS Solicitors Can Help With Your Administrative Review

We understand that challenging a decision made by UK Visas and Immigration (UKVI) is fraught with uncertainty and the fear of not being successful.

We always put the needs of our clients, and their loved ones at the heart of what we do.

We are a modern, progressive, efficient, digitally-based boutique law firm that time and time again achieves positive results.

Where we differ from most traditional law firms is that we tailor our services to your immigration law needs.

Not only do we provide a bespoke service, we care for the lives of our clients, and their families, and we do everything we can to make the process as easy as possible.

Our solicitors take the time to understand your circumstances, the details of your immigration case, and the basis for the refusal by UKVI.

Based on this knowledge, we will put together a comprehensive request for Administrative Review, which makes it clear the error that was made when deciding on your case, and why this should be reversed in your favour.

From the outset, you will have our direct contact information, and we will always make ourselves available to speak to you, if you have a question, would like an update, or would like to discuss any other matter.

See more of our immigration law services.

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Frequently Asked Questions (FAQS)

What is meant by an ‘Administrative Review’?

By asking for an Administrative Review, we are effectively asking UKVI to reconsider a negative visa application decision made in error.  For example, if it appears that the points calculation was made incorrectly by the caseworker who handled your decision, this would be grounds for requesting a review.  According to the rules defined by UKVI, the decision that is being challenged must be an ‘eligible decision’; these include:

  • in-country Tier 4 applications made on or after 20th October 2014 by either a main applicant or dependant
  • in-country Tiers 1, 2 or 5 applications made on or after 2nd March 2015 by either a main applicant or dependant, including indefinite leave to remain applications under those routes
  • in-country applications where the decision was made on or after 6th April 2015, unless the applicant applied as a visitor or made a protection or human rights claim

It is important to understand that Administrative Reviews are not solely to request the review of refusals by UKVI, but also those that are approved, but there is a challenge regarding the period or conditions of leave granted.

How do I apply for an Administrative Review?

If the UKVI refuses to grant leave to remain, a written notice must be issued by the department concerning the applicant’s eligibility for Administrative Review.  This must include or be accompanied by a statement of the reasons for refusal.  Information on how to apply for Administrative Review and the time limits for making an application must also be included within the information provided to an applicant.

An application for Administrative Review must be made in accordance with the following requirements to be valid:

  • one application for Administrative Review per eligible decision
  • the application for Administrative Review must be related to the refused decision
  • if the application for leave to enter was made in-country, the Administrative Review application must also be made in-country

An application for Administrative Review cannot be made if the applicant has signed a form waiving their rights to the process, or if they have submitted a fresh application during the time an application for Administrative Review is being sought.

What are my options if my Administrative Review application is unsuccessful?

If your application for Administrative Review is unsuccessful, our immigration lawyers will quickly talk with you about your next best options.  You may have a right of appeal if you can show that by refusing your Points-Based-System’s visa, the UKVI has breached your rights under the European Convention on Human Rights.  Most cases of this type involve a breach of Article 8; the right to private and family life.

If there is no human rights element in your application, we may be able to apply for Judicial Review.  Judicial Review is the process whereby the courts oversee the decision-making of government bodies.

Judicial Review is a remedy of last resort; this means all other possible avenues must be explored before an application can be filed.  Although bringing a Judicial Review claim can be an extremely complex procedure, our immigration law team will explain the entire process to you in a clear, concise manner, and take the time to ensure you understand.  If English is not your first language and one of our staff are not fluent in your native tongue, we will engage an interpreter to assist us.

If your PBS visa has been refused, do not despair.  Our team have the experience and knowledge to provide a fast, effective solution to ensure your application is ultimately successful.

To find out more about how we can assist you with an Administrative Review of your PBS Visa refusal, please contact our London office on 020 3372 5125 or complete our online enquiry form to make an appointment. Find out more information on our fees here.

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