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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7620
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Immigration Assistant: Thank you. Can you provide any more

Resolved Question:

Immigration
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: Our nanny who is on a domestic worker visa has been denied a renewal of her leave to remain and we never got the notice giving her the right for an administrative review and yesterday she got a letter saying she has to leave in 7 days
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.

Hi,

Just to confirm, did your nanny apply for a "domestic worker in a private household visa" as detailed on the following page:

https://www.gov.uk/domestic-workers-in-a-private-household-visa/overview

Tom

Customer: replied 1 year ago.
She has applied 3 times already with us and never had a problem. This year she apparently was denied the renewal of the visa, but we never got the correspondence and the only thing we received was a final letter yesterday saying she had missed the deadline for an administrative review and as such now has 7 days to leave the UK. I note that the previous letter may have been sent to the wrong address as we live in a mansion block in flat 30B and they sent the letter to flat 30, but luckily the porter delivered this one to us. I am now wondering what to do, I was thinking of sending a letter to the return address in Manchester CCWD - Admin Review 2 and also sending by email a scanned copy of the letter to the case officer (as she had contacted us before during the process requesting some further information so we have her email address). Would you have further advice?
Expert:  Thomas replied 1 year ago.

Okay. When did she first apply for her visa (ie. the first time as a domestic worker in the UK?

How long has she been with you?

Expert:  Thomas replied 1 year ago.

I cannot have a phone call I'm afraid. Please reply to my most recent post..

Customer: replied 1 year ago.
OK - her first domestic worker visa was in 2009. She has been with us since Jan 2013
Expert:  Thomas replied 1 year ago.

Hi,

Does the letter mention her time limit to appeal runs out (to appeal, not for administrative review)?

Customer: replied 1 year ago.
No, the letter says: " You were notified of the decision to refuse your application for leave to remain and the timescales to apply for an administrative review of the decision under the Immigration Rules. You have not made an application for an administrative review and the time limit to do so has now expired". I am not sure what the difference between appeal and admin review is, but somehow we clearly didn't receive all of this previous communications from them
Expert:  Thomas replied 1 year ago.

Hi

Thanks for your question. I will try to help.

The short answer is this: stop what you are doing and instruct a solicitor to act on her behalf immediately.

An administrative review is simply a clerical review of the documents to check that no conspicuous mistake has been made. It is not a consideration of the actual issues and whether they were applied to the eligibility criteria correctly (this is what happens in an appeal). Unless it is obvious that they have completely missed a piece of evidence submitted with the application then it is unlikely to result in successful reversing their decision.

This means that the only way forward would be to appeal this decision as soon as possible and get your notice of appeal in immediately arguing that it should be considered despite the appeal time limit expiring (if it has) because they send their decision letter to the wrong address.

Then you can prepare your appeal based on the issues via the solicitor. This is the best way forward, I have a feeling if you attempt to ask for an administrative review it will be flat out refused but if you present a notice of appeal with an argument to be heard out of time then you stand an okay-ish chance of it being heard but it has to be made by a solicitor.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok thank you very much