Immigration Rules Appendix AR (EU)

Administrative Review for the EU Settlement Scheme

Appendix AR (EU)

Eligible decisions

AR(EU)A1. An application for administrative review of an eligible decision made under Appendix EU 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 under Appendix EU, an eligible decision being a decision to:

(a) Refuse their application under paragraph EU6 of Part 1 of Appendix EU because the applicant does not meet the eligibility requirements for indefinite leave to enter or remain under paragraph EU11 or EU12 or for limited leave to enter or remain under paragraph EU14; or
(b) Grant limited leave to enter or remain under paragraph EU3 of Part 1 of Appendix EU and not indefinite leave to enter or remain under paragraph EU2; or
(c) Refuse their application under paragraph ETLR5 of Part 2 of Appendix EU.

AR(EU)1.1A. An eligible decision under paragraph AR(EU)1.1. also includes a decision made under paragraph 321B of Part 9 of these Rules to cancel leave granted under Appendix EU on the grounds that the person ceases to meet the requirements of that Appendix for that leave.

AR(EU)1.2. An applicant may not apply for an administrative review where a decision has been made under Appendix EU to:

(a) Refuse their application under paragraph EU6 of Part 1 on suitability grounds as set out in paragraph EU15 or EU16; or
(b) Refuse their application under paragraph ETLR5 of Part 2 on suitability grounds as set out in paragraph ETLR12, ETLR13 or ETLR14.

AR(EU)1.3. An applicant may not apply for an administrative review where their application under Appendix EU has been rejected as invalid under paragraph EU10(1) of Part 1 or under paragraph ETLR10(1) of Part 2.

Consideration

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:
1. (a) The decision-maker failed to apply, or incorrectly applied, Appendix EU;
2. (b) The decision-maker failed to apply, or incorrectly applied, the published guidance in relation to the application; or
3. (c) Information or evidence that was not before the decision-maker has been provided to the reviewer which shows that the applicant qualifies for a grant, or (in respect of an application made under Part 1) for a different grant, of leave under Appendix EU.

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.

Applications for administrative review

AR(EU)3.1. A valid application for administrative review under this Appendix must be made in accordance with paragraphs 34M to 34Y of these Rules.

AR(EU)3.2. An application for administrative review under this Appendix is decided when:
1. (a) It is rejected as invalid because it does not meet the requirements of paragraph 34N to 34S of these Rules;
2. (b) It is withdrawn in accordance with paragraph 34X of these Rules; or
3. (c) The notice of outcome is served in accordance with Appendix SN.

Immigration Rules