Having your Tier 1 Investor Visa application rejected can be devastating, especially if you had intentions of investing in the British economy. But if you don’t get the job because of your application, you might still be able to remediate it by going through an Administrative Review.
What is an Administrative Review?
An Administrative Review is when you appeal a decision from UK Visas and Immigration (UKVI) because you feel they have done something wrong. That might be because of a factual misrepresentation or your application/documents got misinterpreted.
If your Tier 1 Investor Visa was denial, an Administrative Review can make up for the error and get you approved.
Why Was My Tier 1 Investor Visa Refused?
A Tier 1 Investor Visa may be refused for several reasons, such as:
- Mistakes in the application process: The caseworker may have misunderstood or miscalculated your financial documents or points.
- Errors in assessing supporting documents: If the caseworker overlooked key evidence or made a mistake in their evaluation, this can lead to a refusal.
An Administrative Review gives you the chance to have these mistakes corrected.
How to Apply for an Administrative Review
When you receive the refusal letter, it will explain why your application was rejected and provide instructions on how to apply for an Administrative Review.
Here’s what you need to know:
- Time limits: You must apply for the Administrative Review within 14 days if you are in the UK, or 28 days if you are outside the UK.
- Grounds for review: You can request a review if:
- The refusal was based on a factual error.
- The refusal might harm your chances of getting other visas in the future (for example, if the refusal is based on alleged fraud or fake documents).
Possible Outcomes of an Administrative Review
There are four possible results after your Administrative Review:
- Successful Review: The refusal is overturned and your Tier 1 Investor Visa is granted.
- Unsuccessful Review: The refusal decision stands and no changes are made.
- Partial Success: Some reasons for refusal are removed, but the refusal still stands.
- New Reasons: If the caseworker gives new reasons for the refusal, you can apply for a new Administrative Review based on these.
What Happens After the Review?
If the Administrative Review is successful, your Tier 1 Investor Visa will be granted, and you can move forward with your investment plans in the UK.
If the review fails, you may have other options, such as:
- Reapplying: You can submit a new application for the visa.
- Judicial Review: If the refusal was unfair, you may apply for a Judicial Review. This is a more formal legal process and should be considered as a last resort.
Why You Should Get Legal Help
The Administrative Review process can be complex, and it’s important to get professional legal advice. An experienced immigration lawyer can:
- Help you understand why your visa was refused.
- Prepare a strong application for your Administrative Review.
- Guide you on what to do if the review fails, including submitting a new application or considering a Judicial Review.
If your Tier 1 Investor Visa is refused, don’t give up hope. An Administrative Review might help you fix mistakes in the decision and get your visa approved. If the review doesn’t work, your lawyer can guide you through the next steps.
At Law and Visas, we specialize in handling Tier 1 Investor Visa refusals and will help you navigate the Administrative Review process. Contact us today for expert advice and assistance.
