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Removal of appeal rights for Tier 4 students and their dependants

Removal of appeal rights for Tier 4 students and their dependants

The recent changes in the immigration rules have removed the right of appeal for all in-country Tier 4 visa or Tier 4 dependant visa applications from 20 October 2014 and replaced it by an administrative review.

It means that those applying for a Tier 4 visa or Tier 4 dependant visa inside the UK on Monday 20 October 2014 or after will not be able to appeal against the decision if their application is refused or they were granted a wrong length of leave. Instead they can apply for an administrative review.

As stated in the statement of changes, the new administrative review process will resolve case-working errors and will do so more quickly than the appeals process it replaces. The reviewer will be a different person from the original decision maker. The Home Office service standard is to determine an administrative review application within 28 days whereas the average time for a Points Based System appeal to be concluded is 12 weeks.

Those who applied before 20 October 2014 and are still awaiting the decision will still have the right of appeal.

Please note that these changes do not affect you if your Tier 4 or Tier 4 dependant application has been successful.

The further information about the administrative review process will be published on our website shortly.

You can find the statement of changes in the immigration rules here.

 

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