UK VISA ADMINISTRATIVE REVIEW FOR RESIDENTS OF SWITZERLAND AND SWISS CITIZENS IN THE UK

If you are a Swiss citizen (or non-Swiss citizen) living in Switzerland or the UK and your UK visa or immigration application has been refused, your leave to enter or remain has been canceled at the UK border, or you are dissatisfied with the period or conditions of leave granted, our administrative review lawyers in Switzerland and the UK can help. We advise on the merits of applying for administrative review and, if appropriate, challenge the Home Office decision through this process.

We also have dedicated pages for immigration appeals to the First-tier Tribunal, Upper Tribunal, and Judicial Review.

What is Administrative Review?

Administrative review allows applicants to challenge a Home Office immigration decision based on one or more case-working errors. Not all Home Office decisions are eligible for administrative review; it is only available for specific eligible decisions. The sole ground for administrative review is that the Home Office has made a case-working error as defined in the Immigration Rules. If an error is found, the Home Office will correct it.

Differences Between Administrative Review and Immigration Appeals

While both administrative reviews and immigration appeals challenge Home Office decisions, not all decisions are eligible for both. You can only appeal to the First-tier Tribunal if administrative review is not an option, and vice versa.

In an immigration appeal, the Home Office initially reviews its decision. If it maintains its decision, the case proceeds to a hearing before an independent judge in the First-tier Tribunal, typically involving an oral hearing with legal representation and witness testimony.

Administrative review, on the other hand, is an internal Home Office review with no oral hearing, and new evidence submission is limited. The review focuses solely on identifying and correcting case-working errors.

Who Can Apply for Administrative Review?

Administrative review is only available for certain eligible decisions. Here are some key visa categories that may be eligible:

• Tier 1 (Investor, Entrepreneur)

• Skilled Worker

• Scale-up Worker

• High Potential Individual

• International Sportsperson

• Seasonal Worker

• Youth Mobility Scheme

• Religious Worker

• Charity Worker

• Creative Worker

• Global Business Mobility routes

• Student and Child Student

• Graduate

• UK Ancestry

• Overseas Domestic Worker

• Hong Kong BN(O) Status Holder and dependents.

If your application under these categories has been approved but you believe an error was made in the period or conditions of leave granted, you can also challenge this via administrative review.

Certain decisions under the EU Settlement Scheme are also eligible for administrative review.

Grounds for Administrative Review

The only ground for administrative review is a permitted case-working error as defined in the Immigration Rules. This includes errors such as:

• Incorrect refusal based on alleged false representations or documents

• Incorrect decisions on time limits or evidence requests

• Misapplication of Immigration Rules or policy

• Calculation errors in the period or conditions of leave

For those who applied under the EU Settlement Scheme, Frontier Worker, S2 Healthcare Visitor, or as a Service Provider from Switzerland, different grounds may apply. Contact our lawyers for specific advice.

How to Apply for Administrative Review

Applications must be submitted online, with the relevant fee paid and all mandatory sections completed. If incomplete, applications will be rejected. Legal advice can help ensure your application is properly prepared.

New evidence is generally not considered unless it directly impacts the decision under review, such as proving no deception or time limit adherence.

For applications under the EU Settlement Scheme or related categories, different procedures may apply. Contact us for details.

Time Limits for Applying

• In the UK: Apply within 14 calendar days (or 7 days if detained) of receiving your decision notice or biometric residence permit.

• From Switzerland: Apply within 28 days of receiving the decision.

Administrative Review Processing Time

Processing currently takes at least six months.

Administrative Review Fees

The Home Office charges £80 per application. Some applicants may be exempt or eligible for a fee waiver.

Immigration Status After Applying

If you apply within the time limit, your immigration leave continues until the review decision is served. If you are an overstayer, you won't be removed while your review is pending.

Fresh Applications and Administrative Review

Submitting a new application while a review is pending withdraws the review. Applying for a review after submitting a new application results in refusal.

Possible Outcomes of Administrative Review

There are four potential outcomes:

1. Decision withdrawn due to error.

2. Decision maintained with all reasons upheld.

3. Decision maintained but with some reasons withdrawn.

4. Decision maintained with new or additional reasons.

If Your Review Is Successful

The Home Office will correct the error and issue a new decision, potentially granting leave appropriate to the original application, effective from the date of the withdrawal of the incorrect decision.

If Your Review Is Unsuccessful

If the decision is upheld, you will receive a notice explaining why. There is no appeal against an administrative review decision, but judicial review may be possible.

How Our UK Immigration Appeal Lawyers In Switzerland Can Help

Through the Swiss office of our UK immigration law firm, we are delighted to offer a comprehensive range of UK immigration legal services to Swiss citizens (and non-Swiss citizens) residing in Switzerland, including appealing against UK visa and immigration decisions and legal representation at UK immigration appeal hearings.

Our UK visa and immigration services for Swiss nationals (and non-Swiss nationals) residing in Switzerland include expert advice on the merits of appealing against UK visa and immigration refusal decisions, lodging of immigration appeals, drafting grounds of appeal, preparation of appeals and advocacy and representation before the Immigration Tribunal in the UK. We also assist Swiss (and non-Swiss) individuals and businesses in preparing high-quality administrative review applications. Our lawyers combine specialist legal advice with a professional, supportive approach to maximise your chances of a successful review.

For tailored legal solutions, contact our administrative review lawyers on +41 21 588 07 70 or complete our enquiry form below.