Applying for a UK visa can be a complex and nerve-wracking process. But what happens if your application is denied, and you suspect it was due to a clerical error? Whether it’s a typo in your name, a mistake in the date of birth or incorrect documentation details, these errors can have serious consequences. Here, we answer some common questions about how to proceed.
My visa application was refused and I believe it was due to a clerical error. What should I do first?
The first step is to thoroughly review the refusal letter sent by the Home Office. This document should outline the reasons for the denial. Check for any inaccuracies, such as misspelled names, incorrect dates or misinterpretations of the information you provided. If you identify an obvious error, gather all relevant documents that prove the mistake.
Can I appeal the decision or is there another way to correct this error?
Not all visa refusals come with the right to appeal. However, if the refusal was due to a factual mistake or clerical error, you might be able to request an administrative review. This process allows you to ask the Home Office to reconsider the decision without submitting a new application. In the review you should clearly explain the error and provide supporting evidence.
How will I know if I have the right to apply for administrative review?
If the Home Office has refused your application, the decision notice will state whether you can apply for an administrative review.
How long do I have to request an administrative review?
You typically have 14 days if you are in the UK or 28 days if you are outside the UK to request an administrative review after receiving the refusal. It’s crucial to act quickly to avoid missing this deadline.
What evidence should I include with my administrative review request?
You should include documents that clearly demonstrate the clerical error, such as:
- A copy of the submitted application form
- Relevant personal documents (e.g. passport, birth certificate, etc.) showing the correct information
- Any correspondence with the Home Office that supports your case
Ensure all documents are clear and well-organised to strengthen your request.
Is there a fee for requesting an administrative review?
Yes, there is a fee for submitting an administrative review. The exact amount can vary, so check the latest Home Office guidelines. If the review is successful and the error is acknowledged, the fee may be refunded.
What if my administrative review is unsuccessful?
If the review does not result in a favourable outcome, you may have the option to:
- Submit a new visa application, correcting the error and addressing the reasons for the previous refusal.
- Seek legal advice to explore other legal remedies, such as judicial review, depending on the circumstances.
In some cases where the applicant does not have immigration leave, they must leave the UK after receiving the unsuccessful decision.
Should I get legal help for this process?
While you can handle an administrative review on your own, consulting with an immigration solicitor is highly recommended, especially if the case is complex. Legal professionals can help you present a strong case, ensuring no details are overlooked.
Receiving a visa refusal due to a clerical error can be frustrating, but it’s not the end of the road. By acting promptly and methodically, you can challenge the decision through an administrative review. If you are unsure about the process or need help building a strong case, please contact us.
How Gherson can assist
Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on X, Facebook, Instagram, or LinkedIn to stay-up-to-date.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
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