Indefinite Leave to Remain (ILR) Refusal

If your ILR application is refused, you might be given the right to appeal the ILR refusal. You can only appeal if the appeal right is given in the refusal letter.

If you're considering appealing or reapplying for ILR after refusal, it is advisable to consult an immigration solicitor to discuss your options.

If you have received an ILR refusal, speak to our solicitor at 0203 959 7755 to discuss the reasons for refusal, appeal options, timeline and costs involved.

Table of Contents

1. What is Indefinite Leave to Remain?
2. 5 Common reasons for the refusal of ILR
3. What to do if your ILR is refused
4. ILR appeal timeline
5. ILR appeal processing time 2025
6. Chances of getting an ILR after refusal
7. How can we help if an ILR application has been refused?
8. Contact ILR solicitors in London
9. FAQs: ILR refusal

What is Indefinite Leave to Remain?

Indefinite Leave to Remain (ILR) is a way to settle in the UK that grants individuals the right to live and work in the UK without any time restrictions.

The benefits of Indefinite Leave to Remain (ILR) include the right to live and work in the UK without restrictions, access to public funds and services, eligibility to apply for British citizenship, and the ability to sponsor family members to join them in the UK.

5 Common reasons for the refusal of ILR

Indefinite Leave to Remain (ILR) in the UK can be refused for several reasons. Here are some common grounds for refusal:

1. Gaps in Continuous Residence & excessive absences

To qualify for ILR, it typically requires a continuous residence period in the UK (usually 5 years). Significant gaps or extended absences beyond the allowed limit can result in refusal.

No more than 180 days' absences are allowed in a consecutive 12-month period.

2. Incomplete application form or missing supporting documents

If you have made a mistake on your indefinite leave to remain application form or used the wrong application form, it can result in a visa refusal.

When applying for an indefinite leave to remain, it is important to have all the necessary documents in order. Missing or incomplete paperwork can result in delays or even a rejected application.

3. Failure to meet the English language requirement

Not meeting the English language requirements or failing to provide acceptable proof of language ability can lead to refusal.

You must prove your knowledge of English by having an English qualification at B1, B2, C1 or C2 level on the CEFR scale. Failing to do so can result in your application being refused.

You can prove your proficiency in English by passing a recognised English language test such as the IELTS test. You can also prove your knowledge of English if you have a degree or academic qualification that was taught or researched in English.

4. Failure to meet the Knowledge of life in the UK requirement

Failing the Life in the UK Test, which assesses knowledge of British customs, culture, and history, can result in a refusal.

Applicants must also pass the Life in the UK test, which evaluates knowledge of British traditions, laws, customs, and institutions. This test is designed to ensure that individuals have a good understanding of life in the UK and can fully integrate into British society.

Applicants aged under 18 years, or 65 years or older on the date of their application are exempt from the knowledge of life in the UK requirement.

5. Previous immigration history

If you have a previous immigration history that raises concerns, such as overstaying a previous visa or providing false information, it can result in a visa refusal.

You must provide complete and true information about any previous immigration issues.

By understanding these common reasons, you can effectively address any concerns or weaknesses in your ILR appeal, strengthening your chances of success.

What to do if your ILR is refused

Depending on the reasons for your ILR refusal and circumstances, your immigration solicitor can advise you on the available options.

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

1. Appeal to the First-tier Tribunal (Immigration and Asylum Chamber)
2. Administrative Review (AR)
3. Judicial Review (JR)
4. Reapply for ILR after being refused

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

You can appeal to the First-tier Tribunal (Immigration and Asylum Chamber) only if your ILR application was refused and the right of appeal is given in the refusal letter.

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 (AR)

Administrative Review is a process available to individuals whose ILR (Indefinite Leave to Remain) application has been refused and they do not have the right to first appeal against your refusal.

Administrative Review is a way to ask for the decision on your ILR application to be reviewed. It involves a reassessment of your application by a different reviewing officer.

Upon receiving the ILR refusal letter, you must apply for an Administrative Review within 14 calendar days if you are in the UK and it costs £80.

Judicial Review (JR)

Judicial Review is a legal process in which you can apply to the UTIAC for a judicial review to challenge a visa or immigration decision by the Home Office.

You can submit an application to the Upper Tribunal Immigration and Asylum Chamber (UTIAC) seeking a judicial review to challenge the lawfulness of a decision made by the Home Office.

Before submitting a formal judicial review claim in the Court, the claimant must send a formal pre-action letter to the respondent (Home Office). This letter outlines the grounds for the challenge, the facts of the case, and the remedy sought.

Pre-Action Protocol (PAP) ensures both sides get a chance to discuss the immigration decision and maybe resolve issues without the need for a full judicial review hearing, thereby saving time and costs associated with court proceedings.

Reapply for ILR after being refused

You can reapply for an ILR after being refused by submitting a new application. However, it is important to carefully understand the reasons for your initial refusal.

Before proceeding with your fresh ILR application, gather all the documents related to your case. This includes any supporting evidence you submitted initially and additional evidence that may strengthen your case.

ILR appeal timeline

Time is of the essence when appealing an ILR refusal. The deadline for submitting your appeal is usually within 14 days of receiving the refusal letter.

ILR appeal processing time 2025

The ILR appeal process usually takes between 6 to 12 months from the submission date. It may take longer depending on the complexity of the case.

Chances of getting an ILR after refusal

Your chances of getting an indefinite leave to remain after a refusal is around 50%, depending on how strong the appeal is and provided further evidence.

The appeal process provides an opportunity to present a strong case that addresses the refusal reasons and increases your chances of getting the UK visa.

If you are facing an ILR refusal and want to increase your chances of reversing the decision, contact Moeen & Co. Solicitors at 0203 959 7755.

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

If your ILR application is rejected, our immigration solicitors will:

• assess your situation, discuss your refusal letter, help you understand the refusal reasons, and provide guidance on the best course of action.
• prepare grounds of appeal and detailed witness statements (if applicable).
• advise about the required supporting documents to address the concerns raised in the refusal letter.
• assist you in presenting a stronger case in your reapplication and help ensure your application addresses the concerns raised in the refusal.
• advise you about the appeal process, timeline, processing time and the legal costs involved.
• carry out all the legal work until the decision of your appeal is received from the court.
• Dealing with a UK Skilled Worker visa refusal is a complex process and professional legal advice is essential in increasing your chances of a successful appeal.

To appeal a decision about your Skilled Worker visa application, contact our immigration solicitors in Hayes, London at 0203 959 7755 contact to book a consultation.

Contact ILR solicitors in London

Call Moeen & Co. Solicitors today at 0203 959 7755 to schedule a consultation and take the first step towards overturning your ILR refusal.

Alternatively, you can fill in our online contact form and we will get back to you as soon as possible.

FAQs: ILR refusal