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Timeline standard for reassessment following administrative review

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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bp90
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Administrative Review

Post by bp90 » Tue Oct 27, 2020 6:57 pm

Hey all,

Received a Tier 2 PBS dependent application back with a refusal. There seems to be a clear mistake in not considering the supporting documentation correctly so we've lodged an administrative review which takes 28 days apparently. I'm curious for those who've gone through this, how long did it take you to hear back? I've seen a few posts on the other threads around people waiting for well beyond this time, just a bit anxious as we had originally paid for priority service to line up with my travel as the main applicant and it now looks like it might drag for quite some time.

Appreciate if anyone has any experiences of the timeline they can share?

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CR001
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Re: Administrative Review

Post by CR001 » Tue Oct 27, 2020 6:59 pm

What were the reasons for refusal?
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bp90
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Re: Administrative Review

Post by bp90 » Tue Oct 27, 2020 7:10 pm

We are civil partners - with a certificate, 100 pages of evidence, and listed specifically on the application and cover letter. The refusal letter says we didn't meet the unmarried partner requirements of living together for 2 years. We do live together, just not for 2 years continuously, and my understanding is that 2 years cohabitation is not a requirement for civil partners.

ozgendeniz83
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Re: Administrative Review

Post by ozgendeniz83 » Wed Nov 04, 2020 3:20 pm

My admin review, which was for ILR refusal, took 29 days. I got a successful outcome on 12th October.

bp90
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Re: Administrative Review

Post by bp90 » Fri Nov 20, 2020 2:29 pm

Just an update that our Administrative Review was decided and they were satisfied the decision needs to be reassessed. It's gone back to the team to consider the application again.

We're pretty quickly approaching the time when we originally stated we would be travelling to the UK (to align with my work start date) so is the same wait time of 5 business days for our original priority service application applicable for the reconsideration or is it now back to 15 business days?

bp90
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Timeline standard for reassessment following administrative review

Post by bp90 » Mon Nov 30, 2020 8:34 pm

Hello,

Does anyone know if there is a customer service standard for reassessing cases following a successful administrative review?

For context, my partner applied for a PBS partner visa, was initially refused and has since had a successful administrative review. The application has gone back to the caseworking team for reassessment. Whilst it's only been 8 business days since the decision, the whole process of caseworker error + administrative review + this timeline now means we're very close to when I'm due to be in the UK to start my work and we can't seem to get any answers on this application. We've tried the customer service team who after asking for loads of various information on the application, said they can't view our application status. Also tried the administrative reviews team who said they won't help because it doesn't relate to an administrative review now it's back for reassessment.

The likely prospect of being physically separated during Covid-19 with no answer on the visa is causing a great deal of stress so would love to know of any other options we have to follow up?

bp90
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Re: Timeline standard for reassessment following administrative review

Post by bp90 » Sun Dec 27, 2020 12:03 am

Hey,

It’s now been almost 6 weeks since the administrative review was successful and my partner still hasn’t heard anything regarding his application. We’ve contacted Sitel multiple times who “cannot provide an update”.

I’m moving to the UK without my partner in a couple of days to start my job which is upsetting. Is there any other avenue to escalate this? I understand Covid-19 throws some timelines into chaos but given it took them 1 day to incorrectly refuse the priority-service application back in October, that excuse carries no weight for us anymore. It would’ve been far quicker to accept the refusal and start again which is ridiculous.

Appreciate any guidance on how we might proceed.

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Frontier Mole
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Re: Timeline standard for reassessment following administrative review

Post by Frontier Mole » Mon Jan 04, 2021 12:26 am

There is no stated service level for reconsiderations. There is an expectation, but no more than that, for recons to be undertaken in 30 days.
The reality is they take whatever time it takes and is a consistent annoyance for those waiting for an outcome.
There is also no surety that the refusal will be overturned, some legal experts believe it is quicker to reapply rather than wait for a recon. This involves abandoning your first application and the fees. Only for the wealthy or particularly desperate.

bp90
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Re: Timeline standard for reassessment following administrative review

Post by bp90 » Wed Jan 20, 2021 7:34 am

Frontier Mole wrote:
Mon Jan 04, 2021 12:26 am
There is no stated service level for reconsiderations. There is an expectation, but no more than that, for recons to be undertaken in 30 days.
The reality is they take whatever time it takes and is a consistent annoyance for those waiting for an outcome.
There is also no surety that the refusal will be overturned, some legal experts believe it is quicker to reapply rather than wait for a recon. This involves abandoning your first application and the fees. Only for the wealthy or particularly desperate.
Thanks for this, I appreciate it!

It's really frustrating - We are now over 40 working days since the successful administrative review. We've escalated to the contact centre who basically say nothing, and we've reached out to a local MP but haven't heard back yet (I imagine they're busy with lots of other stuff at the moment!). We've considered just withdrawing and reapplying but always come back to 'well we might hear back this week' and the thought of paying another >£2k is indeed scary. At this point we're just left separated across countries hoping the application is still in the queue somewhere and has not disappeared.

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