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Tier 5 (Temporary Worker) Overseas Administrative Review

Overseas Administrative Review is the mechanism for reviewing refusal decisions made under the Points-Based System
where you believe an error has been made in the decision.The Administrative Review is free of charge.

Administrative Review is an entitlement but the request must be made within 28 days from the date the refusal notice is received by you. For time limits for making a request, see further paragraph 6 and 7 below.

Administrative Review is a non-statutory scheme; that is there is no legislation setting out what it covers or who is eligible to apply.

Who conducts the administrative review?

An Entry Clearance Manager will conduct the administrative review.This may mean that in some cases, an EntryClearance Manager from another Post will conduct the Administrative Review.You may receive the result of the administrative Review from an entry clearance post that is different to the one that considered the original entry clearance application.

Who can apply for an administrative review?

Anyone refused entry clearance under Points-Based System where they believe the Entry Clearance Officer has made an incorrect decision.

What is the deadline for applying for administrative Review?

You have 28 days from the date of receipt of the refusal notice, to submit a request for administrative Review.

What if an application is submitted late?

Where administrative Review request is received outside the 28-day period, the administrative reviewer will consider if there are exceptional circumstances to accept the application outside the deadline.IftheAdministrative Review request is late and the administrative reviewer decides not to perform the administrative Review, the request notice will be returned to you with a letter explaining why it is not being accepted.

How many times can you request an Administrative Review?

You may request only one administrative Review per refusal decision.Any further review requests
received for the same refusal decision will not be accepted.They will be returned to you.

However, where the administrative Review upholds a refusal but with different refusal grounds, you may request an administrative review of these new refusal grounds. 

If you have new or further information, documents or other paperwork that they failed to submit with their original application, you will need to make a new application and pay the appropriate fee.

How long will the administrative review take?

The administrative reviewer will complete their review and notify you in writing of their decision within 28 days from the date of receipt of the administrative Review request notice.If, in exceptional circumstances, the administrative reviewer is unable to complete the administrative Review within the 28 days, they will notify you in writing as to when to expect a decision.

 

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