If your UK Tier 2 General Visa has been refused, you might feel frustrated and unsure of what to do next. The good news is that you may have the option to challenge the decision through an Administrative Review. This process can be quick and cost-effective, giving you the chance to have the refusal overturned if there were mistakes made in the decision.
Why Was My Tier 2 Visa Refused?
There are many reasons why a Tier 2 Visa might be refused. Some common issues include:
- Missing or incorrect supporting documents
- Errors on the application form
- Insufficient salary or missing Certificate of Sponsorship
- A poor immigration history
UK Visas and Immigration (UKVI) aims to reduce the number of visas issued, which can sometimes lead to refusals, even for qualified applicants. Therefore, making sure your application is correct is crucial. A small mistake can result in a rejection, so getting professional legal help can save you time and stress.
What is an Administrative Review?
If your Tier 2 Visa is refused, and you believe the decision was made due to a mistake, you can apply for an Administrative Review. This process involves a review of the decision to check if there were any errors in applying the rules or reviewing your documents.
Key points about Administrative Review:
- It is a quick process, usually taking about 28 days.
- You must apply within 28 days of receiving your refusal letter (14 days if you are already in the UK).
- The review will only consider whether there were errors in the decision, not whether the decision itself was right or wrong.
Some reasons you may be able to apply for an Administrative Review include:
- A mistake in applying the immigration rules.
- Incorrect assessment of your supporting documents.
- Failure to follow the Home Office’s policies or guidance.
How to Apply for an Administrative Review
If your application is refused, UKVI will send you a refusal letter explaining why your Tier 2 Visa was denied and whether you can apply for an Administrative Review.
To apply, you will need to:
- Clearly state why your application was refused.
- Explain the error or mistake made by the caseworker.
- Follow the instructions in your refusal letter carefully (such as submitting the review by email or post).
- Do not submit new documents unless UKVI specifically asks for them.
What Happens if the Administrative Review is Refused?
If your Administrative Review is unsuccessful, you may have other options, such as applying for a Judicial Review. This is a more complex process that challenges the legality of the decision in court. An experienced immigration lawyer can guide you through this next step.
Why Should I Work with an Immigration Lawyer?
Having a skilled immigration lawyer can make all the difference in your case. They can:
- Help identify any errors in the caseworker’s decision.
- Ensure your Administrative Review is submitted correctly and on time.
- Advise you on the next steps if the review is unsuccessful.
At Law and Visas, we specialize in helping clients challenge Tier 2 Visa refusals and navigate the Administrative Review process. If you are facing a Tier 2 refusal, get in touch with us for expert advice and support.
If your Tier 2 Visa has been refused, an Administrative Review might be your best chance to have the decision overturned. It’s a quick and effective way to challenge the refusal, but you must act fast. If the review doesn’t work out, your immigration lawyer will help you explore other options, including a possible Judicial Review. Don’t face the process alone—get the professional help you need to increase your chances of success.
