Challenge Health Care Worker Dependent Visa Refusal

If your application for Health and Care Worker dependant visa is refused by the Home Office, you can apply for Administrative Review (AR) of the refusal of your Challenge Health Care Worker dependent visa refusal.

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Administrative Review Of Health And Care Worker Dependent Visa Refusal

At Deluxe Law Chambers, our immigration solicitors can apply for an administrative review (AR) of Health and Care Worker dependent visa refusal. We can assist you with the health and care worker visa refusal of following applications:

  1. Entry Clearance For Health And Care Dependent Worker Visa
  2. Switching Into Health And Care Dependent Worker Visa
  3. Renewal/Extension of Health And Care Dependent Worker Visa
  4. ILR As A Health And Care Dependent Worker Visa

Who Can Be Considered a Dependant?

Dependants of a Health and Care Worker Visa holder can include:

  • Spouse or Civil Partner: A legally married partner or someone in a civil partnership.
  • Unmarried Partner: A partner who has been in a genuine relationship and cohabited for at least two years.
  • Children Under 18: Biological, adopted, or stepchildren.
  • Children Over 18: If they are currently living in the UK as dependants and are not leading independent lives.

Dependants must demonstrate their relationship to the main visa holder through supporting documentation, ensuring compliance with UK Visas and Immigration (UKVI) guidelines.

Administrative Review Against Refusal of an In-Country Application as a Dependant of a Health and Care Worker

If your application as a dependant of a Health and Care Worker is refused by the Home Office UKVI, you may have the option to challenge the decision through an Administrative Review (AR). Below, we explain the eligibility, process, and potential outcomes of an AR for the following types of refusals:

  • Indefinite Leave to Remain (ILR) as a Health and Care Worker Dependant
  • Switching into a Health and Care Worker Dependant Visa
  • Renewal/Extension of a Health and Care Worker Dependant Visa

Eligibility for Administrative Review

You can apply for an Administrative Review if the Home Office has refused your in-country application under the Health and Care Worker dependant route. AR is applicable when you believe the Home Office made a legal or procedural error in its decision.

Key Details About Administrative Review (AR)

Application Fee

  • The fee for filing an AR is £80.

Deadline

  • The AR must be submitted within 14 calendar days of receiving the refusal letter.

Decision Process

  • The review will be carried out by a different decision-maker at the Home Office.
  • The review will be based solely on the documents and facts provided in your original application.

Outcomes of AR

  • Success: If the AR is successful and the refusal decision is withdrawn, you will be granted leave to remain. The £80 fee will be refunded.
  • Unsuccessful: If the AR is rejected, the original decision will be upheld.

Timeline

  • The administrative review decision is taking between 6 to 12 months.
  • The Home Office will notify you if additional time is needed.

Protection from Removal

  • You cannot be removed from the UK while your AR is under consideration.

Administrative Review Against Refusal of an In-Country Application as a Dependant of a Health and Care Worker

If your application as a dependant of a Health and Care Worker is refused by the Home Office UKVI, you may have the option to challenge the decision through an Administrative Review (AR). Below, we explain the eligibility, process, and potential outcomes of an AR for the following types of refusals:

  1. Switching into a Health and Care Worker Dependant Visa
  2. Renewal/Extension of a Health and Care Worker Dependant Visa
  3. Indefinite Leave to Remain (ILR) as a Health and Care Worker Dependant

Eligibility for Administrative Review

You can apply for an Administrative Review if the Home Office has refused your in-country application under the Health and Care Worker dependant route. AR is applicable when you believe the Home Office made a legal or procedural error in its decision.

Options if Administrative Review is Unsuccessful

If the AR does not result in a favorable decision, you have further options:

1. Pre-Action Protocol (PAP)

  • PAP is a formal legal process that must be completed before initiating Judicial Review. It gives the Home Office an opportunity to reconsider its decision.

2. Judicial Review (JR)

  • If PAP does not resolve the issue, you may proceed with a Judicial Review, which allows a court to assess the legality of the refusal decision.
  • Judicial Review is a complex legal process and is recommended when there is a strong case for legal or procedural errors by the Home Office.

3. Filing a Fresh Application

  • In some situations, filing a new application as a Health and Care Worker dependant may be more appropriate.
  • A fresh application allows you to address any deficiencies in your original submission and provide additional evidence if needed.

How We Can Help With Your Administrative Review Request

As expert immigration solicitors, we specialize in providing comprehensive legal assistance for Administrative Review (AR) requests following the refusal of Health and Care Worker dependant visa applications. We offer tailored support to ensure that your AR submission is thorough, accurate, and effectively challenges the refusal decision.

Our Services for Administrative Review Requests

We provide the following services to support your AR request:

1. Reviewing the Refusal Decision

  • We will carefully examine the refusal letter issued by the Home Office.
  • We will advise you on the potential grounds to challenge the decision based on immigration laws and policies.

2. Evaluating Evidence

  • We will review any relevant documentary evidence you provided with your original application.
  • Where applicable, we will assess how the evidence can be used to counter the reasons for refusal.

3. Preparing and Completing the AR Application

  • We will assist in completing the AR application form accurately, ensuring compliance with UKVI requirements.

4. Drafting Detailed Grounds for Review

  • Our team will prepare strong legal arguments highlighting how the Home Office’s decision is not in line with the applicable laws, guidance, or facts.
  • We will argue why the decision should be reversed and the visa granted.

5. Submitting the Administrative Review

  • We will submit the AR request to the Home Office, ensuring all necessary steps are followed as per UKVI guidance.
  • We ensure that the AR is submitted within the required 14-day deadline to be valid for consideration.

6. Progress Updates

  • We will keep you informed throughout the process, providing updates on the status of your AR request.

7. Follow-Up Work

  • We will undertake all necessary follow-up actions until the Home Office reaches a decision on your AR request.

Our Fixed Fees For Administrative Review (AR)

Our fixed fees range for providing expert legal help and assistance for an administrative review of UK visa refusal are given in the fee table below:

Service TypeFixed Fees Range
Complete help with Administrative Review (AR) of refusal of UK visa entry clearanceFrom £800 To £1,500
Complete help with Administrative Review (AR) of refusal of an in-country applicationFrom £800 + VAT To £1,500 + VAT

Fixed Fee for Administrative Review Assistance

The fixed fee for our legal services to assist with your Administrative Review (AR) will depend on:

  • The amount of documentation to review and the complexity of the evidence will determine the level of preparation required.
  • Cases involving detailed legal arguments or extensive grounds for review may require additional work, which will influence the agreed fee.

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