As of 6 April 2015, the appeal regime in the UK has been completely overhauled, with the majority of appeal rights being removed. Those that have remained relate to the type of application made, mainly being those with a human rights element or for protection in the UK. The former includes any applications by family members of British citizens or settled persons to join or remain in the UK with their family.

For applications made under Tier 1, Tier 2 and Tier 5, in-country extensions decided on or after 6 April 2015 are now subject to the same administrative review process as entry clearance applications. Essentially, this means that on a number of distinct grounds, a decision may be referred back to the Home Office to be reviewed and either re-made, varied or upheld.

There may be instances where an application under Tier 2 would raise human rights issues such as the right to family life of a dependant, and in those cases choosing the most appropriate, eligible remedy becomes slightly more complex. The team at Penningtons Manches can provide advice on making sure that the correct recourse is chosen from the outset. This is because once you commit to either administrative review or an appeal, you cannot later deviate. It is therefore essential to assess any refusals carefully.