Advice regarding Administrative Review.

Hello,

This is my first post here. I am in dire need of your assistance regarding my Tier 1 Entrepreneur Visa. I submitted my Tier 1 Application from Saudi Arabia and was refused on 6TH JULY 2016, after almost a month. The reason was due to the fact that I submitted photocopies of the bank statements instead of the original.

Thus, my lawyer suggested and filed for the 'Administrative Review' on 1ST AUGUST 2016, explaining this mishap. As stated on the Home Office website, the review takes a maximum of 28 days to get back with a decision but until now, almost 2 months later, I have had no news - positive or negative. They have not even replied to our complains that were lodged by my lawyer. If my case were rejected, I would have surely been refunded the NHS insurance money by now? This, too, has not happened.

I am now left deeply perplexed by the status of my application. I wish to reapply for a Tier 1 Visa again if my initial application has been rejected but without an answer from the review, I do not wish for a 'clash' in case my initial application is still being considered.

You guidance in this matter would be HIGHLY appreciated!

Thank you in advance.

An AR will only succeed if there was an error on the part of the ECO. It doesn't appear to be the case here as original bank statements are mandatory within the Immigration Rules and your error was in submitting copies.

Your solicitor should be well aware of this.

Yes, but then I should have gotten the AR refusal straight away, no?

Not necessarily. An AR can take some time to be processed despite the published guidelines.

AKKHAN01 wrote:Hello,

This is my first post here. I am in dire need of your assistance regarding my Tier 1 Entrepreneur Visa. I submitted my Tier 1 Application from Saudi Arabia and was refused on 6TH JULY 2016, after almost a month. The reason was due to the fact that I submitted photocopies of the bank statements instead of the original.

Thus, my lawyer suggested and filed for the 'Administrative Review' on 1ST AUGUST 2016, explaining this mishap. As stated on the Home Office website, the review takes a maximum of 28 days to get back with a decision but until now, almost 2 months later, I have had no news - positive or negative. They have not even replied to our complains that were lodged by my lawyer. If my case were rejected, I would have surely been refunded the NHS insurance money by now? This, too, has not happened.

I am now left deeply perplexed by the status of my application. I wish to reapply for a Tier 1 Visa again if my initial application has been rejected but without an answer from the review, I do not wish for a 'clash' in case my initial application is still being considered.

You guidance in this matter would be HIGHLY appreciated!

Thank you in advance.

Home office is not following the rules and just for sake of more money they are take ages to get a reply for AR, even they say 28days. It is always better to go for fresh application, though it will cost you more but will save time. Also in your case you missed the original statement and in AR they dont accept additional documents. let's say if you would have submitted the original statement and page 2 or 3 of that would be missing then only you can submit that, but here you missed complete original statement.

You may find it helpful to read through the official guidance for Case Workers on AR applications.

https://www.gov.uk/government/uploads/s ... w-v7.0.pdf

Thank you for your reply. I will have to apply a student visa for my daughter as she is above 18 and no longer my dependent. The AR will be automatically withdrawn then, if I make a fresh application and a student visa for my daughter, correct? And what about the NHS insurance money to be refunded? I mean, I would appreciate the courtesy of AT LEAST being told that my AR has been refused!

But your AR hasn't been refused yet has it?

If you submit a new application your AR will automatically be withdrawn.

I believe you'll find somewhere in the link I posted that as you had the right to an AR the IHS fee won't be refunded until a decision is made.

Casa wrote:But your AR hasn't been refused yet has it?

If you submit a new application your AR will automatically be withdrawn.

I believe you'll find somewhere in the link I posted that as you had the right to an AR the IHS fee won't be refunded until a decision is made.

no that's the problem, after so long, it hasn't even been refused!

And yes, I read through the link you shared. Part of me wants to wait a bit longer for the AR decision but the only trouble is time. My daughter has to be in the UK by October for her university. So pardon me if I have so many questions but what if I just apply a visit visa for myself and my wife and a student visa for my daughter? Will AR be withdrawn, for my daughter and the rest of the family myself included, be automatically withdrawn in that case too?

You have been so helpful.

First of all you made a mistake to apply for AR given that you did not provide the original bank statements. Your daughter's application is now a separate one. Apply for her under Tier 4 visa, then you can file a fresh Tier 1E application for yourself and wife separately which makes the AR withdrawn.