Applying for Indefinite Leave to Remain (ILR) in the UK is a significant step towards permanent residency. However, not all applications are successful. A refusal can be discouraging, especially given the time, effort, and financial costs involved. Understanding the reasons behind a refusal and knowing your options can help you make informed decisions on your next steps.

Common Reasons for ILR Refusal

The Home Office rejects approximately 5% of ILR applications, often due to:

1. Excessive Absences

  • Applicants must not have spent more than 180 days outside the UK in any 12-month period during the qualifying period.
  • Certain absences, such as short trips, may not be counted, but long absences could require restarting the qualifying period.

2. Tax Issues

  • Discrepancies between the declared income on your visa application and HMRC records can lead to refusal.
  • Late tax filings or unpaid liabilities may be seen as dishonesty, affecting the good character requirement.

3. Errors in the Application

  • Incomplete forms, missing documents, or inaccurate information can result in a refusal.
  • Ensure all required documents are included and double-check for errors before submission.

4. Debt and County Court Judgments (CCJs)

  • While having debt is not a direct ground for refusal, unpaid CCJs or failing to disclose financial issues can negatively impact your application.

5. Immigration Violations

  • Overstaying previous visas, breaches of immigration rules, or failure to disclose past violations can result in automatic refusal.

6. Criminal Convictions

  • All convictions, including minor offences, must be declared.
  • Certain offences lead to automatic refusal, especially serious crimes with custodial sentences.

7. Driving Offences

  • Minor fines typically do not impact ILR applications, but serious offences (e.g., drink-driving) may raise concerns about good character.

8. Failure to Meet English Language and Life in the UK Test Requirements

  • Most applicants must pass the Life in the UK test and provide proof of English proficiency.
  • Acceptable proof includes UK NARIC-recognised qualifications or an approved English language test at CEFR level B1 or higher.

9. Fraud or Misrepresentation

  • Providing false information, forged documents, or failing to cooperate with the Home Office can lead to ILR refusal.
  • Tax discrepancies are a common issue, as HMRC and UKVI share data.

What Happens If Your ILR Application Is Refused?

If your ILR is refused, the Home Office will send a letter explaining the reasons for refusal and whether you have the right to appeal, request an administrative review, or submit a new application.
Refusal does not result in immediate removal, but if your visa has expired, you must leave the UK unless you qualify for another visa. Overstaying could lead to a re-entry ban and negatively affect future applications.

Will You Get a Refund?

  • ILR application fees are generally non-refundable as they cover processing costs.
  • Refunds are only issued in rare cases, such as if the application was withdrawn before processing began.

What Are Your Options After ILR Refusal?

Understanding your next steps is crucial. You may be able to:

1. Request an Administrative Review

  • If your application was refused due to a processing error, you can request an administrative review.
  • Only available for points-based visa applicants.
  • Must be submitted within 28 days of the decision letter.
  • Costs £80 and can take up to six months to process.

2. Appeal the Decision

  • ILR refusals can only be appealed in cases involving human rights violations.
  • The decision letter will indicate whether you have the right to appeal.
  • Deadlines apply:
    • 14 calendar days if applying from within the UK.
    • 28 days if applying from outside the UK.

3. Apply for a Judicial Review

  • A judicial review challenges the lawfulness of the Home Office’s decision.
  • This is a complex legal process requiring court permission and professional legal assistance.

4. Submit a New ILR Application

  • If refusal was due to minor errors (e.g., missing documents), you can correct the mistakes and reapply.
  • Ensure you address the reasons for the previous refusal to improve your chances of approval.

How to Strengthen Your ILR Application

To improve your chances of ILR approval, ensure you:

  • Provide accurate and complete information.
  • Meet the residency requirements.
  • Maintain up-to-date tax records.
  • Submit all necessary supporting documents in the correct format.
  • Disclose any past immigration issues or criminal convictions.
  • Take professional legal advice if your case is complex.

Need Help with Your ILR Application?

If your ILR application has been refused or if you need guidance to ensure a successful application, professional legal support can make a difference.

Ash Norton Solicitors specialises in UK immigration law and can assist you throughout the ILR process, from preparing your application to challenging Home Office decisions.

Contact us today for expert advice on your ILR application and immigration options.