Your work visa application was refused - time for an administrative review?

If your UK work visa application has been denied, there are usually only two options: submitting an administrative review or submitting a fresh visa application.

An administrative review provides a path to challenge errors made by the caseworker that may have led to the visa refusal, but it does not appeal the decision itself. The administrative review is submitted to the Home Office who then examine their own decision internally. By contrast, an official appeal falls under the jurisdiction of an independent judge in a Tribunal and is only usually available when a human rights claim is at stake – this does not include UK work visas, which are not eligible for an appeal.

If your UK work visa has been denied for any reason, working with a UK immigration lawyer is the most efficient way to resolve the problem. If you’re in the USA, finding a UK immigration lawyer in USA is an ideal starting point.

Why was my UK Work Visa denied?

Applying for a UK visa can be an expensive and time-consuming process. The process gets even more complicated when your application is unexpectedly refused. Understanding the reasons for refusal makes it easier to decide whether an administrative review is a suitable course of action or, if not, you can avoid the same mistakes in making a fresh application.

The most common reasons a work visa application may be unsuccessful include:

• Applying for the wrong type of visa;

• Not including a Certificate of Sponsorship reference number;

• Failing to disclose pertinent information such as a conviction; or

• Failing to meet certain requirements, such as an English language requirement or a tuberculosis test.

Taking incorrect or outdated advice from friends or family is one mistake you can easily avoid (this includes online blogs/forums). Working with a UK immigration lawyer in USA will ensure you receive the most current and correct information. 

How to Apply for Administrative Review

You can apply for an administrative review online; this must be done within specified deadlines (within 28 days of the decision if applying from outside the UK, or within 14 days if applying within the UK). Your visa decision letter will confirm whether you are eligible to apply, and you will need to pay a fee of £80 when submitting the administrative review.

Internal reviewers at the Home Office will then check to make sure your application was evaluated correctly. An administrative review is limited to revisiting errors made by the caseworker in the original visa application, so you cannot usually submit new documents or information unless requested to do so. The processing time usually takes around 28 days and if you are successful, the previous decision will be over-turned and your visa will be granted. If the administrative review fails, you usually cannot request a second administrative review.

If you are applying from within the UK, it is worth noting that you usually will not usually be removed from the UK until the administrative review has been completed.

Submitting a Fresh Application

Where an administrative review is not an option (or has failed), the quickest solution is usually to submit a fresh visa application. Indeed, even where an administrative review is possible it may sometimes be quicker to submit a fresh visa application (this is very fact-specific).

You can use the reasons given in your previous visa refusal letter to prepare a second application which does not make the same mistakes – although it is worth noting that the caseworker can always find new reasons for refusal that were not mentioned in the previous application. For this reason, if you are submitting a second visa application it is often best to work with a UK visa lawyer who can ensure your application is watertight.

UK Immigration Lawyer in USA

The team at Eversage Associates is ready to advise you on the UK’s immigration laws and the entire UK visa application process. If your work visa has been denied and you need help deciding on the next steps, one of our representatives would be pleased to assist you.

Please get in touch to discuss creating a UK immigration strategy which is tailored to your need – we look forward to hearing from you!