Immigration Rules Appendix AR (EU)
Administrative Review for the EU Settlement Scheme
Appendix AR (EU)
AR(EU)A1. An application for administrative review of an eligible decision made under Appendix EU, Appendix EU (Family Permit), Appendix S2 Healthcare Visitor or Appendix Service Providers from Switzerland may only be made in accordance with this Appendix. Appendix AR does not apply to such applications.
- AR(EU)1.1. An applicant may only apply for an administrative review where an eligible decision has been made. An eligible decision is a decision to:
- (a) Refuse an application under paragraph EU6 of Appendix EU because the applicant does not meet the eligibility requirements for indefinite leave to enter or remain under paragraph EU11, EU11A or EU12 or for limited leave to enter or remain under paragraph EU14 or EU14A; or
- (b) Grant limited leave to enter or remain under paragraph EU3 of Appendix EU and not indefinite leave to enter or remain under paragraph EU2; or
- (c) Grant limited leave to enter or remain under paragraph EU3A of Appendix EU and not indefinite leave to enter or remain under paragraph EU2A; or
- (d) Cancel leave granted under Appendix EU on the grounds that the person ceases to meet the requirements of that Appendix for that leave; or
- (e) Cancel leave to enter granted by virtue of having arrived in the UK with an entry clearance that was granted under Appendix EU (Family Permit) where since the entry clearance was granted, there has been a change in circumstances that is, or would have been, relevant to that person’s eligibility for that entry clearance, such that their leave to enter ought to be cancelled; or
- (f) Refuse an application under paragraph HV9.1 of Appendix S2 Healthcare Visitor because the applicant does not meet the eligibility requirements for permission to enter or remain as an S2 Healthcare Visitor; or
- (g) Cancel permission to enter to a person who holds entry clearance under Appendix S2 Healthcare Visitor, where, since the entry clearance was granted, there has been a change in circumstances which means the person no longer meets the eligibility requirements for permission to enter; or
- (h) Refuse permission to enter to a non-visa national seeking to come to the UK as an S2 Healthcare Visitor for 6 months or less, because they do not meet the eligibility requirements of Appendix S2 Healthcare Visitor; or
- (i) Refuse an application for entry clearance under paragraph SPS7.1 of Appendix Service Providers from Switzerland because the applicant does not meet the eligibility requirements of that Appendix; or
- (j) Cancel permission to enter or remain on arrival in the UK to a person who holds an entry clearance under Appendix Service Providers from Switzerland, where permission was cancelled under paragraph SPS9.1(c) or (e) of Appendix Service Providers from Switzerland.
AR(EU)1.1A. DELETED
- AR(EU)1.2. An applicant may not apply for an administrative review where a decision has been made to:
- (a) Refuse an application under paragraph EU6 of Appendix EU on suitability grounds as set out in paragraph EU15 or EU16; or
- (aa) Refuse an application under paragraph EU6 of Appendix EU both:
- (i) on suitability grounds as set out in paragraph EU15 or EU16; and
- (ii) because the applicant does not meet the eligibility requirements for indefinite leave to enter or remain under paragraph EU11, EU11A or EU12 or for limited leave to enter or remain under paragraph EU14 or EU14A; or
- (b) Refuse an application under paragraph HV9.1 of Appendix S2 Healthcare Visitor where the suitability requirements are not met; or
- (c) Refuse permission to enter to a person who holds entry clearance under Appendix S2 Healthcare Visitor, where, since the entry clearance was granted, there has been a change in circumstances which means the person no longer meets the suitability requirements for permission to enter; or
- (d) Refuse an application for entry clearance under paragraph SPS 7.1 of Appendix Service Providers from Switzerland because the applicant does not meet the suitability requirements of that Appendix; or
- (e) Refuse permission to enter to a person who holds an entry clearance under Appendix Service Providers from Switzerland, where, since the entry clearance was granted, there has been a change in circumstances which means the person no longer meets the suitability requirements for permission to enter unless permission has been cancelled on arrival in the UK under paragraph SPS9.1(c) of that Appendix.
AR(EU)1.3. An applicant may not apply for an administrative review where their application has been rejected as invalid under paragraph EU10(1) of Appendix EU, paragraph HV1.7. of Appendix S2 Healthcare Visitor or paragraph SPS 1.4. of Appendix Service Providers from Switzerland.
AR(EU)1.4. An applicant may not apply for an administrative review of an eligible decision, as defined in paragraph AR(EU)1.1., where that decision was made on or after 5 October 2023, unless it is a decision as defined in paragraph AR(EU)1.1.(i) or (j).
AR(EU)1.5. An applicant may not apply for an administrative review of an eligible decision, as defined in AR(EU)1.1.(j), made in the Control Zone, until the applicant has left, or been removed from, the Control Zone.
AR(EU)1.6. A person applying for administrative review (EU) must apply online on the Administrative Review form on the gov.uk website.
- AR(EU)1.7. An application for administrative review (EU) must meet all the following requirements:
- (a) any fee must have been paid; and
- (b) documents specified as mandatory on the online application form must be submitted in the specified manner no more than 7 calendar days after the day on which the online application form is submitted; and
- (c) the application must have been made within the relevant time period set out in AR(EU)1.8., unless AR(EU)1.11. applies.
- AR(EU)1.8. The time limit for making an application for administrative review (EU) is:
- (a) where the applicant is in the UK and not detained, no more than 28 calendar days after receipt by the applicant of the notice of the eligible decision.
- (b) where the applicant is in detention in the UK under the Immigration Acts, no more than 7 calendar days after receipt by the applicant of the notice of the eligible decision.
- (c) where the applicant is overseas, no more than 28 calendar days after receipt by the applicant of notice of the eligible decision.
AR(EU)1.9. An application for administrative review (EU) is made on the date which it is submitted.
AR(EU)1.10. An application for administrative review (EU) which does not meet all the validity requirements for administrative review must be rejected as invalid and not considered, unless AR(EU)1.11. applies.
AR(EU)1.11. An application for administrative review (EU) of an eligible decision as defined in AR(EU)1.1.(i) or (j) may be accepted out of time if the Secretary of State is satisfied that it would be unjust not to waive the time limit and that the application was made as soon as reasonably practicable.
AR(EU)1.12. Where a person has a pending administrative review under this appendix, it may be withdrawn by the applicant. A request to withdraw an application must be made in writing to the Home Office at the address provided for that purpose on the visa and immigration pages of the gov.uk website and in accordance with the guidance provided at Administrative Review on the gov.uk website. The application will be treated as withdrawn on the date when the request is received.
AR(EU)1.13. An application for administrative review under this appendix will be withdrawn if a valid application is made under Appendix EU, Appendix EU (Family Permit), Appendix S2 Healthcare Visitor or Appendix Service Providers from Switzerland.
AR(EU)1.14. Where an application for administrative review of an eligible decision as defined in AR(EU)1.1. was made before 4 April 2024, the requirements of Appendix AR (EU) in force on 3 April 2024 will be applied.
- AR(EU)2.1. The person considering the administrative review on behalf of the Secretary of State (“the reviewer”) will decide whether the decision is incorrect because:
- (a) The decision maker failed to apply, or incorrectly applied, the relevant Immigration Rules;
- (b) The decision maker failed to apply, or incorrectly applied, the published guidance in relation to the application; or
- (c) Information or evidence that was not before the decision maker has been provided to the reviewer which shows that the applicant qualifies for:
- (i) a grant, or a different grant, of leave under Appendix EU; or
- (ii) permission to enter or stay in the UK under Appendix S2 Healthcare Visitor; or
- (iii) entry clearance or permission to enter under Appendix Service Providers from Switzerland.
AR(EU)2.2. Where the reviewer considers that the decision is incorrect in accordance with paragraph AR(EU)2.1., the decision will be withdrawn and a new decision made. Otherwise, the decision will be maintained.
AR(EU)2.3. The reviewer will consider any information and evidence submitted with the application for administrative review, including information and evidence that was not before the original decision-maker.
AR(EU)2.4. The reviewer may contact the applicant or their representative to request further information or evidence, to be provided within a reasonable timeframe specified in the request.
AR(EU)2.5. The reviewer will notify the applicant of the outcome of the administrative review by notice under Appendix SN.
AR(EU)3.1. DELETED.
- AR(EU)3.2. An application for administrative review under this Appendix is decided when:
- (a) It is rejected as invalid because it does not meet the requirements of AR(EU)1.5. to AR(EU)1.9. of these Rules;
- (b) It is withdrawn in accordance with AR(EU)1.12. or AR(EU)1.13. of these Rules; or
- (c) The notice of outcome is served in accordance with Appendix SN.
- AR(EU)4.1. Where an administrative review under this Appendix is pending the Home Office will not seek to remove the applicant from the United Kingdom.
- AR(EU)4.2. For the purposes of paragraph AR(EU)4.1., an administrative review is pending where:
- (a) An application for administrative review can be made in accordance with these Rules, ignoring any possibility of an administrative review out-of-time under AR(EU)1.11.;
- (b) A further application for administrative review can be made in respect of an eligible decision under AR(EU)1.1.(i) or (j) where the decision is withdrawn, and a new decision made, in accordance with AR(EU)2.2.; or
- (c) An application for administrative review has been made and has not yet been decided.
- AR(EU)4.3. However, an administrative review is not pending where the applicant has waived their right to apply for an administrative review of an eligible decision by signing an administrative review waiver form.