Should I submit an Administrative Review or should I try to submit a new immigration application?
If you can successfully challenge your refusal, then this is often a good idea. If the Administrative Review overturns the refusal, the refusal will no longer form part of your immigration record.
You might decide not to submit an Administrative Review, but submit a new immigration application instead.
Factors you should consider:
- Is an Administrative Review likely to succeed? If the refusal was your own fault, an Administrative Review is a waste of time and effort.
- Do you have a deadline for enrolling, or for travelling to the UK? If you are applying for immigration permission to travel to the UK will you have enough time to wait for an Administrative Review? If the Administrative Review is not successful, will you then have enough time to make a new immigration application?
We advise that you always challenge any refusal on the basis of credibility, using false documents or making a false representation. Left unchallenged, these types of decisions can have very serious consequences for future immigration applications. We recommend that you seek specialist help when challenging this type of decision. See the section of this guide “Where can I get further information and assistance?”.
Your refusal notice includes instructions and your deadline for applying for an administrative review.
The Home Office service standard for deciding an Administrative Review is 28 calendar days. The most recent available statistics (Bolt, 2016, p. 47) show that the Home Office meet this standard for
- 98% of Administrative Reviews relating to refusals of applications made in the UK
- 84% of Administrative Reviews relating to refusal of applications made outside of the UK
If you decide not to submit an Administrative Review, you will need to obtain a new CAS before you can make a new Tier 4 (General) Student immigration application. If you attempt to reuse you old CAS, your application will be refused.
If you are a new student, you will need to contact Admissions (firstname.lastname@example.org).
If you are a continuing student, you will need to contact the Student Enquiry Centre (email@example.com).
QMUL will not automatically issue you with a new CAS as refused applications may count against the university’s Sponsor Licence. QMUL will usually carry out a risk assessment before issuing you with a new CAS. This assessment will usually involve you demonstrating that you have addressed the reason that your application was refused. For example, if you were refused because you didn’t hold the required funds for 28 days, you will be asked to show evidence that you have now held the required funds for 28 days.
If you are issued a new CAS, please see the guidance on the QMUL Advice and Counselling Service website (https://www.welfare.qmul.ac.uk/international/immigration/tier-4-general-student-immigration-permission) to help you make a new Tier 4 (General) Student immigration application.
**The Entry Clearance application form asks you to declare any prior UK immigration application refusals and you must declare the refusal in your new visa application.**
Your IHS will not be refunded during the period when you could submit an administrative review and while an administrative review is under consideration. If you do not request an administrative review, the charge will be refunded once the deadline for requesting an administrative review has passed.
If you request an administrative review and your request is successful, but you are granted a shorter period of immigration permission than you applied for, the IHS will be refunded for each half year of immigration permission, which was not granted.
If you request an administrative review and your request is successful, but you are granted a longer period of immigration permission than you applied for, you will be required to pay an IHS for each additional half year of immigration permission.
Refunds should be made to the card you used to pay the fee. If you are required to make an additional payment, the Home Office will contact you with instructions on how to pay.
- I don’t understand why my application has been refused?
- I don’t understand my options?
- I need help submitting an application for Administrative Review?
- I need help submitting a new immigration application?
Contact the Advice and Counselling Service or another regulated immigration adviser. Before seeking advice, you should try to prepare the documents listed in “Appendix 1 – Refusal documents checklist”.
Law, regulations and policies can change quickly. The information on our website is given in good faith and has been carefully checked but QMUL cannot accept responsibility for any errors or omissions. QMUL is not responsible for the content or reliability of the linked websites which are provided for further information.