Administrative review must be requested within 14 days of refusal (in-country) or 28 days (from overseas). First-tier Tribunal appeals carry the same 14-day in-country deadline. These deadlines are strict — if your refusal letter is recent, do not delay. For the common grounds for ILR refusal and how to identify the reason from your decision letter, read our ILR refusal help guide first. For the full ILR process, see our ILR service page.
Your Options After ILR Refusal
Your options are: administrative review (challenge the decision on its existing facts), appeal to the First-tier Tribunal (where a right of appeal exists), or a fresh application (new evidence, new fee). The right choice depends on why you were refused and what evidence you can now provide.
Appeal Rights and Deadlines
| Route | Deadline (in-country) | Deadline (overseas) | When to use |
|---|---|---|---|
| Administrative Review | 14 days | 28 days | Home Office made an error in law or on the facts |
| First-tier Tribunal appeal | 14 days | 28 days | Refusal engages human rights / Article 8 arguments |
| Fresh application | No deadline | No deadline | Fundamental evidential problem; stronger case now available |
| Judicial review | 3 months | 3 months | Last resort — decision was unlawful and no other remedy available |
The refusal letter will state which route is available to you. Read it carefully. Some refusals carry only an administrative review right; others also carry a right of appeal.
Administrative Review Explained
Administrative review is a process by which a different Home Office caseworker examines the original decision. It is not a fresh application — no new evidence can be submitted beyond what was in the original bundle. The reviewer checks whether the caseworker applied the law correctly and whether the facts were properly assessed.
When administrative review is appropriate
- The caseworker made an incorrect absence calculation — for rolling-window arithmetic errors see our 180-day rule guide
- Documents were submitted but incorrectly said to be missing
- The caseworker applied the wrong version of the Immigration Rules
- A factual error in the decision letter affected the outcome
When it is not appropriate
Administrative review cannot be used to submit new evidence, address a fundamental gap in the original application, or argue that the rules themselves are unfair. If the refusal is factually correct on the evidence submitted, review will not succeed.
First-tier Tribunal Appeals
A small number of ILR refusals carry a right of appeal to the Immigration and Asylum Chamber of the First-tier Tribunal. This is most common where the refusal engages Article 8 of the European Convention on Human Rights — the right to respect for private and family life. Tribunal appeals typically take six to twelve months from lodging to a hearing date. New evidence can be submitted to the tribunal.
Tribunal appeals are adversarial proceedings. The Home Office will be represented. While it is possible to represent yourself, the outcome depends heavily on how grounds are framed, what evidence is presented, and how submissions are made. The risk of an unrepresented appellant making procedural errors is high. See our ILR adviser service for representation support.
Grounds for Appeal or Review
- Incorrect calculation of absences — rolling window arithmetic errors by the caseworker
- Failure to consider evidence submitted with the application
- Application of a legal test that does not apply to the applicant's visa category
- Disproportionate refusal where the applicant has established private and family life in the UK
- Failure to exercise discretion where exceptional circumstances were clearly documented
When to Reapply Instead
A fresh application is often the better route when the refusal is factually correct and cannot be successfully challenged on review, new evidence has become available that would address the refusal reason, the qualifying period has now been completed (where the refusal was for applying too early), or excess absences can be resolved because the qualifying clock has restarted with a clean period. Be aware that a fresh application means paying the Home Office fee again and that the refusal must be disclosed in the new application.
Reapplication Strategy
A well-prepared reapplication addresses the reason for the original refusal directly. Identify the exact ground for refusal from the decision letter, gather the evidence that was missing or insufficient in the original application, provide a clear covering letter explaining what has changed and why the new application should succeed, and recalculate absences from scratch if the refusal was absence-related. Do not simply resubmit the original application with minor changes — if the first application failed on a particular point, the same application is likely to fail again. See our ILR documents checklist for guidance on building a complete bundle.
Judicial Review: When It Applies
Judicial review is a legal challenge to a public body's decision in the High Court. It is available where the Home Office has made a decision that was unlawful — not just wrong on the merits, but procedurally unfair, in excess of its powers, or in breach of legitimate expectation. It is expensive, slow, and has a low success rate. Consider it only as a last resort, after other remedies have been exhausted and on specialist legal advice.
Frequently Asked Questions
What is the difference between administrative review and an appeal?
Administrative review is an internal Home Office check — a different caseworker examines whether the original decision was correct on its facts and law. No new evidence can be submitted. A tribunal appeal is an independent judicial process where new evidence can be presented. Appeals are available only where a specific right of appeal exists.
Can I submit new evidence on administrative review?
No. Administrative review considers only the evidence that was in the original application. If your problem is that you need to submit new evidence, the right route is a fresh application.
What happens if administrative review is also refused?
Options after a failed review include a tribunal appeal (if a right exists), judicial review (exceptional circumstances only), or a fresh application. Take advice before deciding.
How long does a First-tier Tribunal appeal take?
Tribunal appeals typically take between six and twelve months from lodging to a hearing date. During this period your section 3C leave continues while the appeal is outstanding, provided you had valid leave when you applied.
Does reapplying after a refusal affect my chances?
Not automatically. A previous refusal must be disclosed, but a carefully prepared reapplication that addresses the original refusal reason directly can succeed. What matters is whether the problem that caused the refusal has been resolved.
Need personalised advice?
This guide provides general information only. For advice tailored to your circumstances, speak to one of our immigration advisers.
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