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04 Mar When to lodge an Administrative Review in UK and overseas?

Posted on March 4, 2016 in Other Visas by
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UK visa applicants in the UK and overseas have the right to request an Administrative Review (“AR”) if they believe that the decision to refuse their visa application is incorrect. However, we understand that many applicants are confused about the timeframe, namely how to calculate the number of days.

According to Para 34R of the Administrative Review Guidance, the time limits to submit an AR application are as follows:

Where Decision Was MadeTime LimitAdditional Requirement
In-country Decision14 Calendar DaysApplicant is not detained
7 Calendar DaysApplicant is detained
Overseas Decision28 Calendar Days

 

Days shall be calculated from the second day that the decision is received by the applicant. However, for in-country postal application, if an applicant has no evidence to prove the date of receipt, it will be deemed as the second working day of the date it was posted.

For example, an in-country decision is made on 4 March 2016 and it is received by the applicant on 8 March 2016. The time limit shall be calculated as follows:

Evidence Of Date Of ReceiptTime Limit Starts FromTime Limit Ends On
Yes9 March 201622 March 2016
No7 March 201620 March 2016
The content of this article is for general use and information only. Since each case should be prepared on its own merit and in light of the constant amendments to the Immigration Rules, it is important to note that the information provided must not be relied upon unless Migra & Co has either given written consent or has been officially engaged in relation to a specific immigration matter. As a result, Migra & Co will take no responsibility for any damage, cost or loss resulting from relying on the information contained in this article, blog and website.