ILR Refused? Here’s What You Can Do Next

When you have Indefinite Leave to Remain (ILR) status, you can live and work in the UK without being subject to immigration restrictions. However, there are several general grounds the Home Office can use to have your ILR refused. After investing time, energy, and money into gathering the necessary paperwork, having your ILR refused can be a significant setback. In this blog, we will discuss the common reasons ILR is refused and the options available to you.

For immediate assistance with your ILR refusal, you can call our expert attorneys at 02033844389. 

My ILR Refused What to Do Next?

You can work and reside in the UK without being subject to immigration restrictions if you have Indefinite Leave to Remain status. Additionally, this is a necessary condition for applying for British citizenship.

The UK Visas and Immigration (UKVI) will need the following documents to assess your immigration law residency application:

• Details that you have provided on the SET (O) form;
• Home Office internal systems from pertinent agencies (such as the Criminal Investigations Department);
• Security inspections at the home office;
• Additional security measures, if required.

Please ensure that your Indefinite Leave to Remain application is filled out to the best of your ability. Your request may be delayed or refused if there are little mistakes or omissions.

There are several general grounds that the Home Office can use to reject your application for ILR. The UK Immigration Rules include several requirements, which can be mandatory or optional, depending on the situation. In the second scenario, your immigration background may be taken into account by the UKVI when deciding your application.

What Happens If Your ILR Refused?

A formal notice will be sent to you and your legal advisor in case your request for Indefinite Leave to Remain in the UK is refused. If your ILR request was denied, this letter will explain why and let you know whether you can appeal. In such a case, your report can go into greater detail about what to do next.

You have a specific amount of time from the date of your refusal letter to file an appeal. The standard application period is 14 days for UK residents and 28 days for non-UK residents.

What to Do If Your ILR Application is Refused?

If your ILR application is denied, the first step is to resolve the concerns raised in the letter of rejection. It may be worth considering resubmitting your application if this is because of a minor mistake on your form.

The next steps to take are up to your immigration lawyer and will depend on the specifics of your refusal.

Challenging an ILR  Refusal

The Asylum and Immigration Tribunal is in charge of hearing appeals against decisions made by the UK Border Agency. Your immigration solicitor can act as your representative and communicate with the legal representative of the UK Border Agency. One or more judges may consider your appeal, and the Tribunal is separate from any branch of government.

If your UK stay permit has already expired and you applied for ILR after it has expired, you do not have the right to appeal. The same goes for if you are still able to stay in the country even though your ILR was turned down.

Administrative Reviews

An administrative review is an option available to you if you would like the immigration officer to reevaluate your case. The entire procedure, including online submission of your request, will cost you £80.

Within fourteen days after receiving notice of denial of your ILR, you are required to request an administrative review. You can only use this service if you are not allowed to appeal your refusal in the first place.

Within 28 days, you will get results on how your administrative review turned out. You might be able to stay in the UK until your visa expires during this period. Your request for a second review will be denied once you have received the result.

You are unable to apply for another visa at this time while your administrative review is being handled. If not, your request will be withdrawn immediately.

Judicial Reviews

Judicial review is a complex procedure that the court will only authorise in specific cases. Decisions made by public authorities, including the UKVI, can be challenged via this approach.

If your case is particularly strong, judicial review may be worthwhile. Consult a seasoned immigration attorney before applying for it.

A last resort remedy is Judicial Review. Even if you don’t end up winning, you’ll still have to pay a hefty sum to cover all the expenses. Your attorney may decide that contacting the Home Office via letter is the best course of action before taking legal action.

Submit a New ILR application

In most cases, people who want to apply for ILR will only need to make a new application and address the reasons given in the refusal letter.

You have the option to immediately resubmit with the updated information and supporting documents if the rejection was due to a fixable mistake, such as a misspelling, a typo, or other form error.

General Grounds for ILR Refused Applications

People who want to get ILR should know about and avoid the following ILR refusal grounds. 

Excessive Absence

You are not eligible for ILR if you have spent more than 180 days outside of the UK in any one 12-month period during your qualifying period. People who rely on PBS are now also subject to this rule.

For gaps in your UK residency that exceed the threshold, you will need to “reset the clock,” meaning that your qualifying period will commence from the end of your last “excessive” absence.

There are some absences that won’t be considered a break in continuity and can be left out. Furthermore, only entire 24-hour absences are considered; partial days are not. It also doesn’t include the time between getting your entry pass and coming to the UK.

With such strict, complicated, and ever-changing rules, it is strongly advised that you consult a lawyer about your absences.

Issues with your form for ILR

The Home Office has the right to reject your application if the form is incomplete or if the supporting documents are flawed.

Verify that you have included all required documents and that the information is complete and accurate before submitting the form.

Avoiding debt disclosure and management

You can’t just refuse because you’re in debt. But you have to mention it in your application if your CCJ is still active. To rule out any grounds for denial based on your behaviour or character, the Home Office will check your repayment history to make sure you have stuck to your agreed-upon payment plans and that your debt is not growing up.

Violations of immigration laws

Your application for indefinite leave to remain (ILR) will be severely delayed or denied if there are any immigration concerns involving the UK that you did not disclose on the application form, such as deportation or a time when you were in the country illegally. You must disclose any immigration violations in your application, no matter how little you think they were or how long ago they occurred.

Past Crime Convictions

You are required to disclose any criminal convictions, including cautions and prior arrests, on your ILR application. It makes no difference when or where the crime occurred; this is universal. Refusal occurs once again when information is not disclosed.

You should see a lawyer if you want to know how anything that could be considered “adverse character” might affect your application. To prove that you are a person of “good character,” references regarding any prior convictions (such as an arrest or caution) may be necessary to back up your application.

The ‘General Grounds for Denial’ paragraph 322 states that an applicant’s application will be rejected if they have a criminal record with a minimum of four years in prison.

Also, unless fifteen years have elapsed since the completion of a prison term, an applicant cannot apply for ILR if they had a conviction for a crime for which the punishment was twelve months to four years but less than life.

In order to be eligible to apply for ILR, seven years must have elapsed after the completion of any sentence of less than twelve months for which you have been convicted.

A denial will be made regardless of whether the sentence was non-custodial if it is added to your criminal record within 24 months of the date of application for ILR.

Traffic Violations

A small traffic violation probably won’t hurt your ILR application, but a major violation, like drunk driving, could affect your good character eligibility.

Missing deadlines for language and UK life skills

Before submitting a settlement application, the majority of applicants will need to complete the Life in the UK test.

Only a small number of people are excluded from taking the exam, including those who are under the age of 18, are beyond the age of 65, have already taken and passed the exam, or suffer from a chronic mental or physical illness.

Unless they are unable to do so due to a mental or physical disability, all candidates from non-English speaking countries must also give proof of their English language proficiency. This requirement applies to individuals aged 16–65.

To prove your English proficiency, you can either show proof of coursework or an academic credential that was conducted entirely in English and is recognized by the UK NARIC as being on par with a bachelor’s degree or higher in the UK, or you can show proof of your proficiency in speaking and listening by passing an approved English language test.

Offensive Behaviour

Any instance of dishonesty, such as making a false statement, engaging in fraud, forging documents, withholding relevant information, or refusing to comply, will lead to the denial of an ILR application.

One usual example is having trouble paying your UK taxes, even if they are small. The Home Office will have access to information about your tax history because HMRC and UKVI share data about UK taxes paid.

If you haven’t reported your income to HMRC, don’t bother saying you make the minimum amount on your application. This will be seen as a mistake.

Even if you have already handled any problems with HMRC regarding your tax payments, the Home Office may still use them as reasons to reject your application for ILR. An immediate denial will occur if you have wilfully failed to pay any taxes to the UK.

Frequently Asked Questions (FAQs)