Applying for the administrative review

[Goenitz]

Hi,

I have applied for a skilled worker visa for myself, and for my wife and my kid (as dependants). We all were granted 3-year visas instead of 5 in April. I paid for a 5-year visa fee and IHS, and my CoS was also issued for 5 years.

I applied for Administrative review and got success and now I have a 5-year length of stay. My wife and my kid arrived in the UK on the 3rd of July (got BRP on July 4th).

Now, I want to apply for their administrative review. The issue is the GOV.UK site says:
"You can only apply for an administrative review if all of the following apply:

you’re in the UK ✔
you applied in the UK X
your application was refused or it was granted but you’re unhappy with the conditions of your permission to stay ✔
"
I applied on my family behalf (while in the UK) but they did their biometrics in Pakistan.
How should I apply for the administrative review for them, when they don't meet the second criteria?

P.S. i didn't apply for AR before as I was of the opinion that one can apply after getting the BRP.

[vinny]

Unfortunately, I believe they may be out-of-time for an AR.

If they also paid for a 5-year IHS and did not get a partial refund, then try Correcting an incorrect endorsement: ECB19.

Else, just extend in-time.

[Goenitz]

Hi,

Thank you for your reply.
Yes, everybody paid for 5-years of IHS and a 5-year visa fee (1500£ and not 1000£).

That is scary as the outcome email only stated what to do if there is an error in BRP and not in the length of stay.
Now, if I apply for AR, will it be rejected on ground that my family is now in UK?

Any good contact point in the HO, I mean which number should I call?

[Goenitz]

Hi,

Can I qualify for the 2nd part?

"What is the time limit for applying for administrative review in country?

It is 14 calendar days from the date the applicant receives the decision notice or biometric residence permit (BRP) (7 calendar days if they are detained)."

[Goenitz]

Can I apply for an Appeal against a visa or immigration decision? instead!

https://www.gov.uk/immigration-asylum-t ... hin-the-uk

[CR001]

You should have done their AR at the same time as you did yours before travelling to the UK.

The "overview" page in the link you posted tells you what you can appeal, your situation is not one of the listed ones.

[Goenitz]

Hi

Thank you for the reply and for checking the link.

I could have done the AR in time if the decision outcome document stated that explicitly. It just stated what to do if there is an error on the BRP.

In the overview, it is also mentioned:

"refuse or revoke your status, vary the length or condition of your stay, or deport you under the EU Settlement Scheme"

I will try to call visa services today.

[Goenitz]

Just this was mentioned

Decision

BRP error.PNG (115.31 KiB) Viewed 1019 times

Decision

BRP error.PNG (115.31 KiB) Viewed 1019 times

[vinny]

If their BRPs correspond with their visas (Entry clearance), then their BRPs are correct.

Their visas were in error.

If the error is on a biometric residence permit (BRP) the applicant must report the problem online.

If the error relates to a vignette endorsement, where the applicant was expecting to receive a biometric residence permit (BRP), then the applicant must report the problem using the link above.

If the applicant contacts the decision making centre (DMC) direct they should be asked to submit the request as above.

If the applicant has been in the UK for more than 3 months when they seek to correct an endorsement, they should vary their leave through an application for leave to remain.

[Goenitz]

Hi Vinny,

Thank you for your reply.

I will write a letter and include the details that essentially her visa was 'refused', and then apply for the administrative review (after consulting local advisors on the HO number). If I get lucky then I will get the extension for them.
Meanwhile, I am in talks with my sponsor for the incorrect endorsement thing. Let's see what they say!