At GigaLegal Solicitors, we are seeing increasing delays in the outcome of Administrative Review (AR) applications, particularly for Skilled Worker and Student visa holders. What was originally intended to be a quick and cost-effective safeguard against Home Office caseworking errors is now taking far too long, often over 12 months, leaving applicants and their families in an uncertain and stressful position.

What is Administrative Review?

Administrative Review is a process that allows applicants to challenge certain Home Office decisions without having to resort immediately to judicial review or appeals. A different Home Office caseworker reassesses the original decision to determine whether an error was made.

Under the Immigration Rules, AR is available in a wide rangeof circumstances, including:

- Refusals of entry clearance, permission to stay,or permission to enter.

- Cancellations of permission in specificcircumstances.

Applicants must submit their request for AR within strict deadlines:

- 14 days for in-country refusals orcancellations.

- 28 days for refusals from outside the UK.

- 7 days if the applicant is detained.

In theory, this system should be straightforward. Inpractice, however, the reality is very different.

The Problem: Delays with Severe Consequences

Instead of providing a timely safeguard, AR has become a prolonged process, often taking more than a year to conclude. These delays canhave devastating effects:

• Students may lose an academic year, disrupting education and long-term career goals.
• Skilled Workers miss out on employment and income, with some job offers being withdrawn due to uncertainty.
• Families and dependants remain in limbo, facing prolonged insecurity about their future in the UK.

Rather than protecting applicants, the current AR processoften undermines the very purpose of their visa applications.

The Case for Reform

It is clear that the AR system needs urgent reform if it isto remain an effective safeguard in immigration law. Key areas for improvementinclude:

• Enforcing time limits: The Home Office must decide AR applications within a clear and reasonable timeframe.
• Prioritising urgent categories: ARs for students and skilled workers should be fast-tracked due to the disproportionate harm caused by delays.
• Greater transparency: Applicants should be kept informed throughout the process to reduce uncertainty.

Without these reforms, AR risks becoming a proceduralsafeguard in name only.

Looking Ahead

The government has announced plans to establish anindependent body to accelerate asylum appeals and is considering similar reviewprocesses in other areas. While this ambition is welcome, it is crucial thatsafeguards are built into these systems from the outset to avoid repeating thecurrent failings of AR: long delays, lack of accountability, and diminishedeffectiveness.

How GigaLegal Can Help

At GigaLegal, we regularly assist clients with Administrative Review applications, ensuring deadlines are met, evidence is well-structured, and legal arguments are clearly presented. Where delays become excessive or unlawful, we also advise on escalation routes, including pre-action correspondence and judicial review.

If you have received a refusal and are consideringAdministrative Review, or if your AR application has been delayed, contact ourimmigration team for expert advice. We are here to protect your rights and helpyou move forward with clarity and confidence.

📞 Contact us today for tailored legal support.