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Appeals and other remedies
in business immigration cases

Is there a right of appeal in business immigration cases under the points-based system (PBS)?

In most cases, decisions made under the PBS do not come with a right of appeal, with exceptions only for certain categories of decisions.

Judicial review is a remedy of last resort and cannot be pursued if there is a right of appeal. If administrative review is an option, applicants should complete this process before initiating judicial review proceedings. Where an application refusal does not carry a right of appeal, or the administrative review process has been exhausted, judicial review becomes the sole avenue for challenging the decision.

If an application refusal does not carry a right of appeal, it may still be eligible for administrative review. Applicants cannot submit an administrative review request and a new application for leave at the same time. If a new application is submitted, the administrative review will be considered withdrawn. Additionally, if an administrative review request is submitted after a new application has been made, the review will be rejected.

Applying for administrative review

The decision letter will inform the applicant of their right to request an administrative review. This request must be submitted within 14 days of receiving the decision or within seven days if the applicant is detained. If submitted on time, the administrative review application allows the applicant to maintain their leave to remain status until the process is completed, the application is rejected, or it is withdrawn.

The decision letter cancelling the applicant's leave to remain or enter will inform them of their right to request an administrative review. If the review request is made while the applicant is in the UK, it must be submitted within 14 days of receiving the decision. If the decision was issued in Paris, Brussels, Dunkirk, Coquelles, Calais or Lille, the application must be made from overseas, with a 28-day limit from receipt of the decision.