If your Indefinite Leave to Remain (ILR) application has been refused and you think the ILR refusal is unlawful, then you can appeal against the decision.

Book an appointment with our immigration solicitors to discuss your ILR application refusal letter, the appeal process, the timeline, and the costs involved.

What are the reasons for an ILR application refusal?

Indefinite Leave to Remain (ILR) applications in the UK can be refused for various reasons. Some common reasons include:

  • Incorrect Application Form: You made a mistake on the ILR application form or used the wrong form.
  • Incomplete Documentation: If the required supporting documents are missing, incomplete, or do not meet the specified criteria, the application may be refused.
  • Failure to Meet Residence Requirements: ILR applications often require evidence of continuous residence in the UK for a specified period. If the applicant does not meet the residency requirements, the application may be refused.
  • Criminal Convictions: Serious criminal convictions can lead to the refusal of an ILR application. The UK government assesses the character and conduct of applicants, and certain criminal convictions can be grounds for refusal.
  • False Information: Providing false or misleading information in the application can result in a refusal.
  • Financial Requirements: If the applicant fails to meet the financial requirements, such as not having the necessary funds or income, the application may be refused.
  • Issues with English Language Proficiency: For certain ILR categories, such as spouse or partner visas, applicants may be required to demonstrate English language proficiency. Failure to meet these requirements can lead to a refusal.
  • Life in the UK: Most applicants will be required to take the Life in the UK test before applying for settlement. Failure to meet these requirements can lead to a refusal.

There are high chances of getting an Indefinite Leave to Remain (ILR) refusal if you are not fully aware of relevant immigration law(s) and eligibility criteria. It would be best if you get legal advice from experienced immigration solicitors to boost your chances of success.

Indefinite Leave to Remain appeal process

If an ILR application is refused, the applicant generally has the following options for appeal:

Appeal to the First-tier Tribunal (Immigration and Asylum Chamber)

You need to check your decision letter whether you have a right to appeal or not. You can only appeal to the tribunal if you have the legal right to appeal.

The right to appeal only applies in limited circumstances, where you can show your human rights would be infringed by refusing your ILR application.

Administrative Review

Administrative Review is a process that allows individuals whose ILR applications have been refused to request a review of that decision if they believe there was an error made in the decision-making process. It involves checking whether the decision was correct based on the information provided in the original application. It does not involve submitting new evidence or attending a hearing.

Judicial Review

Judicial Review is a court process to challenge the lawfulness of a decision if there was an error of law in the making of the decision or a mistake made by the caseworker.

There are several stages involved in the Judicial Review process. Our immigration solicitors will guide you on every step of the appeal process and provide legal advice & assistance with Pre-Action Protocol and Judicial Review.

Pre-Action Protocol for Judicial Review

Before filing a Judicial Review (JR), you can send a PAP (Pre-Action Protocol) letter to the Home Office to reconsider the refusal decision made on the Skilled Worker visa entry clearance application.

The Pre-Action Protocol is a formal letter to the Home Office for the reconsideration of the decision and to reach an out-of-court settlement if possible.

If Home Office UKVI declines to settle and chooses to defend the case, then you can initiate the Judicial Review (JR) proceedings.

Indefinite Leave to Remain appeal timeline

You will have 28 days after you get your decision to appeal against the refusal of your ILR application. If you apply after the deadline, you must explain why - the tribunal will decide if it can still hear your appeal.

Indefinite Leave to Remain appeal processing time

Usually, the Indefinite Leave to Remain (ILR) appeal process takes between 6 and 12 months depending on the complexity of the matter.

How can we help if your ILR application has been refused?

ILR Refusal Review

Our experienced immigration solicitors will thoroughly review your ILR refusal letter, helping you understand the specific reasons for the refusal and identify areas that need improvement.

Reapplication Assistance

We will work closely with you to address the issues that led to your refusal, ensuring your new application is strong, well-documented, and in compliance with UK immigration laws.

Appeals and Administrative Reviews

You may have the option to appeal the refusal or request an administrative review. Our team can guide you through this process and provide expert representation.

Advice and Consultation

If you are uncertain about your options or want to ensure your next application is flawless, our immigration solicitors are available for consultations and personalised guidance.

The appeal process and grounds for appeal may vary depending on the specific circumstances of the case, and seeking professional advice from an immigration solicitor can be beneficial in navigating the process successfully.

Contact our immigration solicitors in Wembley, London on 020 3417 3700 or fill in the enquiry form for immediate legal advice & assistance with an appeal against unlawful refusal.

We provide expert advice, practical assistance, and professional representation to guide you through the application and decision-making process, from start to finish. 

We're authorised and regulated by the Solicitors Regulation Authority (SRA), so you know you're in safe hands.

Contact our solicitor today to get legal advice and assistance with your UK immigration matters.

You can call us on 02034173700 or leave your details here for a callback request regarding your legal matter.

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