What to Do If Your Indefinite Leave to Remain (ILR) Application is Refused?

Indefinite Leave to Remain (ILR) allows you to live and work in the UK without immigration restrictions, serving as an essential step towards gaining British citizenship. However, it's important to know that your ILR application may be refused for a variety of reasons. After dedicating time, effort, and resources to preparing your application, a refusal can be a frustrating setback. In this article, we’ll explain common reasons for ILR refusal and the options available to you.

Immediate Help for Your ILR Refusal

If your ILR application is refused, it’s essential to act quickly. For expert legal advice and assistance, call our team of immigration lawyers at 02033844389.

What Happens After Your ILR is Refused?

If your ILR application is refused, the Home Office will send you a formal notice outlining the reasons for the refusal. The letter will also inform you whether you have the right to appeal the decision.

You will have a specific period to challenge the refusal:

• 14 days if you are in the UK.
• 28 days if you are outside the UK.

Next Steps After an ILR Refusal

Upon receiving your refusal letter, the next step is to carefully review the reasons provided. If the refusal is due to a minor error in your application, such as missing information or a small mistake, you may be able to correct the issue and resubmit your application.

However, if the refusal is based on more complex issues, such as an immigration violation or criminal record, you may need to take additional steps. A skilled immigration solicitor can guide you through the next steps, whether that’s filing an appeal, requesting an administrative review, or submitting a new ILR application.

Challenging an ILR Refusal

If your application is refused and you wish to challenge the decision, you have several options:

1. Appealing the Decision

You can appeal the refusal to the Asylum and Immigration Tribunal. Your solicitor will represent you and communicate with the UK Border Agency’s legal team. A panel of judges will review your appeal.

However, if your ILR application was made after your previous UK stay permit expired, or if you have overstayed your visa, you will not have the right to appeal.

2. Administrative Reviews

If you are not eligible to appeal, you can request an administrative review. This process allows the immigration officer to reassess your case. You must apply within 14 days of receiving the refusal letter, and the fee for this process is £80. The review typically takes 28 days, during which you may remain in the UK until the result is determined.

3. Judicial Review

In more complex cases, you may consider a judicial review. This is a court procedure that challenges a decision made by public authorities, such as the UKVI. Judicial review is a last resort, and it is advisable to consult an experienced immigration solicitor to evaluate whether this is the best option for your case.

4. Reapplying for ILR

In many cases, the simplest option is to submit a new ILR application, especially if the initial refusal was due to a fixable mistake, such as a typo or incomplete form. Addressing the reasons for the refusal and resubmitting with updated information and supporting documents may resolve the issue.

Common Reasons for ILR Refusals

It’s important to understand the common reasons why ILR applications are refused so you can avoid them. Some of the most frequent grounds include:

1. Excessive Absences

If you have spent more than 180 days outside the UK during any 12-month period within your qualifying period, your ILR application may be rejected. This rule applies to applicants under the Points-Based System (PBS) and other residency routes.

2. Incomplete or Incorrect Forms

Your application may be refused if the form is incomplete or if supporting documents are missing or inaccurate. Always double-check your application to ensure everything is correct.

3. Undisclosed Debt

If you have a County Court Judgment (CCJ) or active debts, the Home Office will review your repayment history. Failure to mention this debt can result in a refusal.

4. Immigration Violations

If you have a history of immigration violations, such as overstaying or entering the UK illegally, you must disclose this information on your application. Failing to do so can lead to refusal.

5. Criminal Convictions

You must disclose all criminal convictions, cautions, and arrests, regardless of when or where they occurred. If you have a serious criminal history, it could result in a refusal, particularly if the conviction is recent or related to serious offenses.

6. Traffic Violations

While minor traffic violations may not affect your application, major offenses such as drunk driving can impact your eligibility for ILR.

7. Failure to Meet Language or Life in the UK Requirements

Applicants aged 16–65 must pass the Life in the UK test and prove their English language proficiency. Missing these requirements could lead to refusal.

8. Dishonesty

Any instance of dishonesty, such as providing false information, submitting forged documents, or failing to disclose relevant information, can result in the refusal of your ILR application.

FAQs: ILR Refusal

Q1: What is the rejection rate for ILR applications?

A1: The refusal rate for ILR applications was around 5% in the year ending June 2023, with a 95% success rate.

Q2: Will I get a refund if my ILR application is refused?

A2: No, the fees paid for ILR applications are non-refundable.

Q3: Does my credit score affect my ILR application?

A3: A good credit score can demonstrate financial responsibility, but it is not a direct requirement for ILR applications.

Q4: Can I appeal my ILR refusal?

A4: You may be able to appeal if your ILR application is refused. The rejection letter will provide details on how to proceed.

Q5: How do I appeal an ILR refusal?

A5: If you are eligible to appeal, you must submit a notice of appeal to the First-tier Tribunal within the specified deadline.

Q6: When can I reapply for ILR?

A6: There is no set waiting period for reapplying for ILR. However, you should take the time to resolve any issues that led to your original refusal before reapplying.

Conclusion

If your ILR application is refused, don’t panic. You have several options for challenging the decision or reapplying. Consulting with an experienced immigration solicitor can help guide you through the process and ensure you take the best course of action.

For personalized assistance with your ILR case, contact our expert immigration team at 02033844389.