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Administrative Review pending for over a year – contradictory Home Office letters

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UKJRKNLB
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Administrative Review pending for over a year – contradictory Home Office letters

Post by UKJRKNLB » Mon Aug 04, 2025 12:58 pm

Hi All,

I applied for Indefinite Leave to Remain (ILR) under the Tier 1 (Entrepreneur) route in April 2024 (I understand now this visa is phased out and now is the 'Investor' Visa more or less so hence why posting here). This was essentially a renewal – I submitted the same information and evidence that had been accepted when my last extension was granted.

In July 2024, my ILR was refused. The refusal reasons were:
  • They claimed one employee’s job could not be counted because he was already “undertaking employment”, even though he had only been a director/investor before that and not an employee.
  • They questioned the genuineness of another employee, despite previously accepting the same person as genuine in my last application and despite payslips, tax records and correspondence proving his role.
  • They raised concerns about the viability of the business, which isn’t even a requirement for ILR and was clearly operating and employing UK staff.
I submitted an Administrative Review (AR) in July 2024. Nearly a year passed with no decision.

Then in June 2025, the Home Office wrote saying my AR had been automatically withdrawn because they believed I left the UK in August 2024. This is simply not true. I sent them clear evidence: bank statements, Uber receipts and even a letter from the airline confirming I was a “no‑show” on the flight they referred to.

On 10 July 2025, the Complaints Team upheld my complaint and confirmed in writing that the error would be corrected and the AR reinstated.

But the next day, 11 July, a different Home Office department (Litigation Operations) issued a letter ignoring all of this and maintaining the AR was withdrawn.

So now there are two contradictory official positions. No one will confirm which one is valid, and my AR has been pending for over a year. I can’t travel, my business has been severely impacted, and the uncertainty is taking a toll.
  • Has anyone here been through anything similar?
  • Is it normal for an Administrative Review to take this long?
  • Is there any way to escalate this or force a resolution?
  • Should I be considering Judicial Review at this point?
Any advice or shared experiences would be appreciated.

Thanks

UKJRKNLB

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zimba
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Re: Administrative Review pending for over a year – contradictory Home Office letters

Post by zimba » Mon Aug 04, 2025 6:36 pm

You have complicated your life by booking that ticket (and then you were a no show).
You cannot leave the UK when having an AR as that will withdraw the AR.

You should consider sending a PAP and starting judicial review. I suggest seeking proper advice for this has to be handled by a lawyer
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

UKJRKNLB
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Re: Administrative Review pending for over a year – contradictory Home Office letters

Post by UKJRKNLB » Tue Aug 05, 2025 9:40 am

Obviously I know I can't leave the country, hence why I didn't catch the flight - the flight were booked for a wedding on the assumption the visa would be processed withing 6 months.

This is an error on the airline passing incorrect information to the Home Office, which should be very easily rectified by the evidence (including confirmation from the airline I didn't fly), the issue is the lack of transparency and ability to just speak to someone in the admin review team.

I seriously have no idea if I'm in the country illegally due to the conflicting responses, and no response for almost a month when challenging them.

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zimba
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Re: Administrative Review pending for over a year – contradictory Home Office letters

Post by zimba » Tue Aug 05, 2025 4:05 pm

The airline sends the advanced passenger information after the flight is conducted. You were a 'no show' so that data may not have been communicated. This means your data was sent to the UKVI saying you left the country, which is recorded as an exit (digital exit checks are now part of the e-border). This is the source of the error

You are now viewed as an overstayer in the country. Follow the advice I gave you
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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