Administrative Review (AR) Of Skilled Worker Visa Refusal

You can apply for an Administrative Review of Skilled Worker visa refusal if your application as a Skilled Worker is refused by Home Office UKVI. You can apply for Administrative Review (AR) of refusal of following applications as a Skilled Worker migrant:

• entry clearance for Skilled Worker visa;
• switching into Skilled Worker visa;
• renewal/extension of Skilled Worker visa;
• ILR as a Skilled Worker.

Administrative Review (AR) Of Skilled Worker Entry Clearance Refusal

If your application for entry clearance as a Skilled Worker is refused by the Entry Clearance Officer (ECO), you can apply for Administrative Review (AR) of the refusal of your entry clearance application. A request for an Administrative Review (AR) should be filed within 28 days after the date of receipt of the notice of refusal from the Entry Clearance Officer (ECO).

The most common reason for refusal in Skilled Worker Entry Clearance application is normally based on the allegation by the Entry Clearance Officer (ECO) that the applicant is not a genuine Skilled Worker. It is very common for the Entry Clearance Officers (ECOs) to derive adverse inferences from the contents of the immigration interview of the applicant in alleging that the applicant is not a genuine Skilled Worker.

The Entry Clearance Manager (ECM) must consider and decide the Administrative Review (AR) within 28 calendar days of the receipt of the request for Administrative Review (AR). If the Entry Clearance Manager (ECM) is convinced by the arguments presented in the grounds for Administrative Review (AR) that the Entry Clearance Officer (ECO) has made case-working error in deciding the entry clearance application of the Skilled Worker, the decision of the Entry Clearance Officer (ECO) to refuse the application will be reversed and the applicant will be required to submit his/her passport for the issue of the entry clearance to the Skilled Worker.

If the Entry Clearance Manager (ECM) maintains the decision of the Entry Clearance Officer (ECO) to refuse the entry clearance application of Skilled Worker, the applicant then has the option to file Pre Action Protocol (PAP) and Judicial Review (JR) against the refusal of his/her entry clearance application. In some cases, filing a fresh entry clearance application for Skilled Worker visa may be appropriate rather than challenging the refusal by way of Judicial Review (JR). It is also possible to file fresh application as well as Judicial Review (JR) against the refusal of Skilled Worker application.

Administrative Review Against Refusal Of An In-Country Application As A Skilled Worker

You can apply for Administrative Review (AR) if your application for:

• switching into Skilled Worker visa
• renewal/extension of Skilled Worker visa
• ILR as a Skilled Worker

is refused by the Home Office Home Office UKVI. You can apply for Administrative Review Online. There is a fee of £80 for applying for an Administrative Review (AR). The Administrative Review (AR) must be filed within 14 days from the date of receipt of the UKVI refusal letter. The review of the refusal of your Skilled Worker visa application will be done by a different person, but using the same documents and facts sent with your original application. If the result of the Administrative Review (AR) is that the Home Office withdraws its original decision and grants you leave to remain in the UK (permission to stay), your fee paid for Administrative Review (AR) will be refunded. You should get a decision within 28 calendar days. The Home Office, UKVI will write to you if they think it will take longer. You cannot be removed from the UK whilst your request for Administrative Review (AR) is pending consideration with the Home Office, UKVI.

If the Home Office UKVI maintains its decision to refuse your application as a Skilled Worker Migrant, you then have the option to file Pre Action Protocol (PAP) and Judicial Review (JR) against the refusal of your application. In some cases, filing a fresh application as a Skilled Worker may be more appropriate rather than challenging the refusal by way of Judicial Review (JR). It is also possible to file fresh application as well as Judicial Review (JR) against the refusal of Skilled Worker visa application.

How Can We Help With Your Administrative Review Request?

As specialist immigration solicitors, we can represent you in your request for administrative review of your Skilled Worker visa refusal and carry out all the work in relation to your Administrative Review (AR) of Skilled Worker visa refusal. Our work on your Administrative Review (AR) may include the following:

• Discussing the reasons for refusal letter with you and advising on potential grounds to challenge the refusal of your Skilled Worker visa application;
• Where relevant, considering the relevant documentary evidence which can be relied upon in rebuttal of the reasons for refusal of your Skilled Worker visa application;
• Completing the relevant application form for Administrative Review (AR), if applicable;
• Preparing detailed grounds for Administrative Review (AR) arguing rationally how the decision of the Home Office is not in accordance with relevant laws and facts and why the Home Office UKVI should reverse the decision of the Home Office caseworker to refuse the Skilled Worker visa application;
• Submitting the Administrative Review (AR) to the Home Office UKVI as per UKVI Guidance for the Administrative Review to be a valid for consideration by the Home Office, UKVI;
• Keeping you fully informed on the progress of your matter;
• Doing all the follow up work until decision is reached on your Administrative Review (AR) request by the Home Office UKVI.

Our Fixed Fees For Administrative Review (AR)

Our fixed fees for providing expert legal help and assistance for an administrative review of UK visa refusal are given in the fee table below: