What to do if your ILR is Refused?

If your application for ILR is refused by the Home Office it is important to understand the reasons why and the next best steps to take to gain approval. In this article, we will explain what happens if ILR is refused, what to do if ILR is refused, and the possible reasons for refusal.

Things to do if your ILR is refused

If your application for ILR has been refused, it is important to understand exactly why it was refused. Your decision letter will explain the reasons for your refusal. This will ultimately determine the best course of action to take next. Depending on the reasons of refusal, the following outlines some of the options you may consider if your ILR application was refused:

• Apply for an Administrative Review
• Submit a fresh application
• Apply for a Judicial Review
• Appeal the decision

To better understand why your ILR was refused by the Home Office and the next steps, speak to our immigration lawyers for a free telephone consultation on 020 3744 2797 or complete our enquiry form.

Apply for an Administrative Review

We recommend applying for an Administrative Review where it is clear that the Home Office made a mistake when processing your ILR application. If it is not obvious that a mistake was made, then an Administrative Review may not be the best route.

If you are in the UK, you will have 14 days to apply for an Administrative Review from the date of your decision letter. For those who are outside of the UK, you will have 28 days to apply for an Administrative Review. The cost of an Administrative Review is £80, but the process can take up to 6 months for a final decision to be made. If you do choose this option, it is preferable to use the services of an immigration solicitor who can provide the required explanation and evidence to prove that a mistake was made.

Submit a fresh application

In some cases, it makes financial and practical sense simply to prepare and submit a fresh application for ILR. This tends to be the case if you make a mistake during the application process and it is too late to advise the Home Office of any clarifications you need to make.

Apply for a Judicial Review

A judicial review means that you wish to challenge the decision made by the Home Office for legal reasons. However, the process can be lengthy. Therefore, judicial reviews should be used only when there is a strong basis for using this option. If you are considering applying for a judicial review, it is highly recommended that you seek legal advice from an immigration solicitor who can advise on the strength of your case and the likelihood of success.

Appeal the decision

In very limited circumstances, you may be able to appeal your ILR application refusal. Your refusal letter will explain if you can appeal. The option to appeal is generally only available if your application was made on the basis of your human rights. By appealing, you will be arguing that the refusal is an infringement of your human rights. If you have the right to appeal, you will need to do so within 14 days of your refusal letter (or 28 days if you are outside the UK).

What might cause your ILR application to be refused?

There are many reasons why an ILR application might be refused, but some are more common than others. Some of the most common reasons for ILR refusal in our experience are as follows:

ILR refusal and driving offence

Driving offences may affect your ILR application, depending on the severity. If you received a fine for a minor driving offence, as long as you pay the fine and comply with the police, it is unlikely this will reflect on your immigration record. If you were found guilty of a more serious offence such as drunk driving or dangerous driving and then disqualified, this is likely to lead to a refusal of your ILR application as you will not meet the requirements relating to good character.

ILR refusal and CCJ

You should always include Country Court Judgements (CCJs) in your ILR application letter, even though they are a civil rather than a criminal matter. The Home Office guidance states that a person should not be refused ILR simply on the basis of having debt which leads to a CCJ, especially where arrangements for payment have been made. They may refuse an ILR application, however, if a person “deliberately and recklessly builds up debts”. This may bring into question the applicant’s good character, conduct, and associations.

ILR refusal and tax issues

Tax issues can lead to an ILR application refusal. If there is a discrepancy between the information provided in an ILR application and the information held by HMRC, it is possible that the Home Office will issue a refusal on the basis of “false representation”. Many applicants have been refused due to section 322(5) of the immigration rules relating to conduct, character or associations. In such cases, you may receive a “Minded to Refuse Notification” (MTR) which will give you the chance to rectify any misunderstanding with the Home Office. Due to the potential for refusal due to tax issues, it is recommended that you have your application completed or checked by an immigration solicitor prior to submission.

ILR refusal and deception

Where an ILR application is found to have been deceptive (i.e., provided misleading information), it will almost always be automatically refused. This often happens when false documents are submitted (e.g., a false passport or birth certificate) or where important facts are not included in the application.

ILR refusal and a criminal record

Not all criminal offences lead to ILR refusal. The immigration rules state that an application for ILR must be refused if the applicant:

• has been convicted of a criminal offence and sentenced to imprisonment for 4 years or more.
• has been convicted of a criminal offence and sentenced to imprisonment for at least 12 months, but less than 4 years and 15 years have not yet passed since the end of this sentence.
• has been convicted of a criminal offence and sentenced to imprisonment for less than 12 months, but a period of 7 years has not yet passed since the end of this sentence.
• has been convicted or admitted to a criminal offence in the 24 months before the application and received a non-custodial sentence or out-of-court disposal.

If you are concerned that you may be refused ILR on the basis of past criminality, it is essential to speak to an immigration solicitor before you apply. Please speak to our immigration lawyers for a free telephone consultation on 020 3744 2797 or complete our enquiry form.

ILR refusal and early application

You can apply for ILR up to 28 days before you reach the qualifying residence period in the UK (normally 5 years). If you apply earlier than this, your application for ILR may be refused.

ILR refusal and the salary threshold

Depending on the type of visa you currently hold, you may need to prove that you meet a minimum salary threshold to gain ILR. For example, if you hold a Skilled Worker visa, you will need to meet the same salary threshold to gain ILR as is required for your visa (e.g., £38,700 per annum or the going rate). Those on a family visa will need to show they have an income of at least £29,000.

ILR refusal and the absence

If you have been absent from the UK for more than 180 days in any 12 months period during your ILR qualifying period of residence, you may be refused. This is referred to as the ‘continuous residence requirement’.

How can Reiss Edwards help?

At Reiss Edwards, we specialise in applications for settlement in the UK (ILR), including where a person has been refused. Our specialist ILR solicitors can:

• Handle your ILR application on your behalf
• Check your ILR application prior to submission
• Advice on the best strategy if your ILR application has been refused
• Apply for an administrative review on your behalf
• Appeal an ILR refusal on your behalf
• Apply for a judicial review of your ILR refusal
• Prepare and submit a fresh application for ILR
• Deal with the Home Office to resolve your ILR refusal or other ILR matter
• Discuss your plans for British citizenship

For assistance with a refusal of your ILR application, please speak to our immigration lawyers for a free telephone consultation on 020 3744 2797 or complete our enquiry form.