Refusal of Indefinite Leave to Remain Application: Your Options Explained
As London immigration solicitors we get lots of inquiries from people who have applied for indefinite leave to remain without using a solicitor or without using an expert indefinite leave to remain lawyer. When their ILR application is refused they realise they need specialist immigration legal advice to understand their best options and next steps.
In this article, our immigration solicitors look at what you can do if your indefinite leave to remain has been refused.
UK Online and London-Based Immigration Solicitors and Indefinite Leave to Remain Lawyers
For ILR and immigration law advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.
Act quickly if your ILR application has been refused
If you have received a ILR refusal letter from the Home Office you need to act quickly. You do not have the luxury of time as your options on how to deal with the ILR refusal are time-limited. You also need to consider your current visa end date as without successfully securing ILR you will be an overstayer if you stay in the UK beyond that date.
Indefinite leave to remain lawyers say that some people take legal advice just days before time limits are due to end. That’s not ideal as immigration lawyers prefer a bit of time to work out the best option for you and to gather the evidence you need to present the case.
ILR appeal options
If your indefinite leave to remain application is refused by the Home Office you have 4 potential ways forward:
- Appeal
- Judicial review
- Administrative review
- A second application for indefinite leave to remain
The first 2 options are limited because of the legal restrictions on grounds for appeal and judicial review and the costs. We will run through those options quickly.
Appealing refusal of an ILR application
You can only appeal the refusal of an indefinite leave to remain application if your human rights were affected or infringed by the refusal of your application. Your indefinite leave to remain application would therefore have needed to include a human rights aspect. The Home Office should tell you in their refusal letter if you have the right to appeal the ILR refusal because your human rights were potentially infringed. However, an indefinite leave to remain lawyer can look at your original application and the Home Office's grounds for refusal to check your appeal options.
An appeal must be lodged within 14 days of the refusal decision. The time is extended to 28 days if the appeal is made from outside the UK.
An appeal involves tribunal hearings and so is more costly and time-consuming than 2 of the other options; administrative review or submitting a fresh application.
Judicially reviewing the refusal of an ILR application
A judicial review to challenge the refusal of your ILR application is only available to you if it is considered that you have reasonable prospects of showing that the Home Office's decision to refuse your ILR application was illegal, irrational, or unfair.
An application for judicial review should be made no later than 3 months after the ILR refusal decision.
Judicial review does not look at the merits of your case so it is not a full-blown appeal. The judicial review process examines the Home Office's decision-making process. A judicial review involves substantial investigation and court proceedings so it is a costly and time-consuming process compared to the options of administrative review or a fresh ILR application.
Administrative review of the decision to refuse indefinite leave to remain
If your ILR refusal is due to an error on the part of the Home Office then an administrative review may be your best option to secure indefinite leave to remain.
Administrative review is only available for certain types of ILR applications. Our indefinite leave to remain lawyers can advise if the administrative review process is available to you and the prospects of success.
The time limit to submit an administrative review application is normally 28 days of the ILR decision.
Making a second application for indefinite leave to remain
Often the easiest solution is the best one. In the case of refused ILR applications the simplest way to secure ILR status is normally to file a fresh application. That is because administrative review does not work if you did not prepare a first good application or if you or your previous solicitor did not file the right evidence in support.
It is crucial that your indefinite leave to remain lawyers understand the reasons why your original ILR application was refused so they can put together a compelling argument about why you should be granted ILR.
For example, if your ILR application was refused because you were absent from the UK outside the days permitted in the ILR rules, a delay in submitting a fresh application may resolve the timing issue or an explanation for the absences and an explanation of the exceptional circumstances and why discretion should be exercised. For example, some of your absences from the UK may have been to care for an ill or elderly relative.
How can OTS Solicitors help you with your indefinite leave to remain queries
Our specialist indefinite leave to remain lawyers can assist you with:
- First-time applications for indefinite leave to remain
- Advice on whether you or a dependant should apply for ILR and the timing of your application
- Armed forces ILR applications
- ILR applications using the domestic violence concession for ILR applicants in the UK on a spouse visa or partner visa
- Early ILR applications after the death of a partner for ILR applicants in the UK on a spouse visa or partner visa
- Appeal advice options
- Administrative review applications
- Judicial review and appeal proceedings
- Second applications for indefinite leave to remain after a full review of why your first application was not successful
- Returning resident applications
- British citizenship applications after the grant of ILR
Our ILR clients say:
- Dhaya from OTS helped me get a successful ILR application after an initial refusal. Really grateful to her and would definitely recommend Dhaya and OTS!
- I had worked with Nollienne on an application for Indefinite Leave to Remain. Nollienne was incredibly helpful throughout the process, professional, supportive, very diligent and highly knowledgeable about all the details required. Furthermore, she provides a tailored service that is flexible to my individual timeline / requirements (particularly as I wanted it sorted in a short timeframe). Overall, she led the process to a successful and stress-free application approval. Would recommend her to anyone and I am thankful to have had her.
UK Online and London-Based Immigration Solicitors and Indefinite Leave to Remain Lawyers
For ILR and immigration law advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.
Related Posts
The UK Immigration Rules for Returning Residents with Indefinite Leave to Remain
Indefinite Leave to Remain Armed Forces
Can I Live Permanently in the UK Without Applying for British Citizenship?
OTS Solicitors Celebrate the 2023 Legal 500 London Immigration Rankings
Business Immigration Solicitor Hans Sok Appadu Nominated for Rising Star Award 2022