ILR Refusal Appeal Process
If the Home Office has written to tell you that your application for Indefinite Leave to Remain has been refused you probably feel devastated.
Our specialist UK Immigration Lawyers can advise you on the ILR appeal process. We can review the refusal letter whether or not you made the ILR application on your own or with the help of a former lawyer.
UK Online ILR Refusal Lawyers in London
For Indefinite Leave to Remain refusal advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.
Appointments are available for phone, Zoom or Skype consultations or at our offices in London.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi.
ILR refusal rates
The key ILR statistics for the year ending September 2024 were:
- Over 150,000 ILR applications, a 31% increase from the preceding year
- Nearly 54,000 of the applications were from people on Work Visas and around 41,500 from people on Family Visas, representing a 35% and 32% increase respectively from the previous year
- Over 147,000 of the ILR applications were granted. Just over 2,500 applications were refused
The full statistics can be found here.
If you are one of the unlucky ones who has received a letter saying your application is refused you need specialist legal advice from ILR Refusal Lawyers who can advise you on the appeal process. There are time limits so it’s vital to speak to Immigration Solicitors in London as soon as possible.
ILR appeal time limits
If you want to appeal against ILR refusal there are strict time limits:
- 14 calendar days if you are in the UK
- 28 calendar days if you are appealing from outside the UK
The time runs from the decision date. If you are outside the 14-day deadline you should still call UK Immigration Lawyers to discuss your options. In some unusual situations, you can ask for permission to extend the deadline.
The timeframe is different when applying for an administrative review of the refusal decision. The time limit is then 28 days.
ILR refusal appeal process
The first step in the ILR refusal appeal process is to decide whether you should appeal or not. The letter from the Home Office will tell you if you have a right of appeal and your ILR Lawyers can check your appeal rights for you.
You have four options if you receive an ILR refusal:
- Apply for Indefinite Leave to Remain again
- Ask for an administrative review
- Appeal to the First-tier Tribunal (Immigration and Asylum Chamber)
- Apply for a judicial review
A specialist ILR Refusal Solicitor will tell you which of the four options is likely to be the cheapest and quickest option for you and the one that stands the best chance of success.
Which ILR appeal process is best for you?
The best appeal process for you depends on the reasons for ILR refusal. For example, if you think the Home Office made a mistake then an application for an administrative review is likely to be your quickest and cheapest option. You may want to apply for a judicial review if you think there were procedural errors. If you are advised that the Home Office may have misread the facts or misapplied the law then an appeal to the First-tier Tribunal (Immigration and Asylum Chamber) may be the most suitable way forward.
Our Immigration Appeal Lawyers focus on results and will recommend the process that stands the best chance of you getting Indefinite Leave to Remain. That may mean a new ILR application rather than an appeal. However, our ILR Solicitors in London will ensure that they do not ignore the reasons why your first application was refused.
Changing your Immigration Solicitors so you can appeal the ILR decision
If you have been refused Indefinite Leave to Remain you may wonder if changing your solicitor will improve your prospects of getting UK settlement. Some ILR applicants worry about how that will affect the Home Office and appeal deadlines.
Our ILR Refusal Lawyers recommend that you make an appointment (by phone, online or at our offices in London) as soon as you receive your refusal letter. We will review the refusal letter to understand the reasons behind the Home Office’s decision, quickly get up to speed and advise you on the best appeal route or option and then progress matters for you.
An appeal to the First-tier Tribunal (Immigration and Asylum Chamber) for ILR refusal
You have the right to appeal an ILR refusal decision if the refusal decision affects your human rights. Expert Immigration Lawyers will normally include a human rights aspect to your original ILR application to ensure you have a right of appeal even where your ILR application appears clear-cut.
The seven-stage ILR appeal process is:
- Immigration legal advice on whether an appeal is in your best interests
- Notice of appeal - assuming your ILR Lawyer advises an appeal is the best way forward, your Immigration Solicitors will lodge the notice of appeal with the court
- Evidence gathering and court bundle preparation – your ILR Refusal Solicitor may identify the need for additional evidence to support your appeal
- Type of appeal – appeals can be paper reviews or an oral hearing. Your lawyers will advise on the appeal option that works best for you
- Representation at directions hearings and the final hearing of your appeal if you elected to have a full hearing
- Wait for the court decision
- Outcome in the form of a court judgment leading to the Home Office accepting that you should have been given ILR or your appeal being refused and your ILR Refusal Solicitors considering your next appeal steps with you
Immigration Appeal Lawyers in London for ILR refusals
The ILR appeal process can be lengthy and involves the submission of legal arguments in support of your case and seeking permission to file extra evidence where justified. At OTS Solicitors our team of UK Immigration Appeal Lawyers are recommended in Legal 500 for our experience in immigration law, including appeals and human rights claims.
UK Online ILR Refusal Lawyers in London
For advice on an ILR refusal call London-based OTS Solicitors on 0203 959 9123 or contact us online. Appointments are available for phone, Zoom or Skype consultations or at our offices in London.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi.
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