Indefinite Leave to Remain (ILR) / Settlement Visa Refused – Appeal
Indefinite Leave to Remain (ILR) application can be refused if it is not prepared well, you may challenge the decision by appeal (provided you can prove you have a valid human rights claim) or Judicial Review. The success of your appeal will depend on whether it meets the relevant immigration rules and may include considerations such as your immigration status at the time of your application, and how long you’ve lived in the UK. Our lawyers understand the various approaches and will carefully determine the best route for you based on your circumstances.
Being refused Indefinite Leave to Remain (ILR) can result in shattered dreams for many migrants. After going through the Points-Based-System (PBS) visa application process and ensuring they meet all the requirements over the life of their visa, a refusal of Indefinite Leave to Remain (ILR) or having ILR status revoked can make the difference between families staying together or being separated indefinitely.
At A Y & J Solicitors, our team have extensive experience of appealing ILR refusals and bringing Judicial Review claims. We provide continuous service and support to our clients, from the first point of contact until the matter has concluded. You will never be left waiting for a response to an enquiry for days; we understand how every hour can be critical in these situations. Our experienced team can quickly prepare appeals or Judicial Review applications in the face of rapidly approaching deadlines.
We can accommodate our clients in a variety of ways, including in-house consultations at our central London office, or arranging online / telephone meetings. Our staff and lawyers are fluent in a number of foreign languages, including Indian (incl. Hindi & Gujarati), Romanian, Albanian, Italian, French, and our entire team provides friendly, approachable advice and representation.
Why Are Indefinite Leave to Remain (ILR) Applications Refused?
There are several reasons ILR applications are refused. They include:
- Due to past errors in your tax returns, UKVI may allege that you are guilty of deception
- You have not submitted the correct documentation,
- You have filled in the application form incorrectly
- You do not meet the ‘continuous residency’ requirements
- You have made false representations in your application form or supporting documents
This is not an exhaustive list. You can view more reasons for General Grounds of refusal here.
What Are My Options if My Application for ILR is Refused?
There are several options available to you if your ILR application has been refused. We will consider each one carefully and advise you on the method that is most likely to be successful.
The options (wherever available) are:
Resubmitting your ILR application
If your application was submitted incorrectly or certain documents were not included, it may be quicker and more cost-effective to simply submit a fresh Indefinite Leave to Remain (ILR) application. We help you prepare thorough application at this time, so you will not have to go through the process again.
Administrative Review
If you believe the immigration official made an error when reviewing your application, you can apply for an Administrative Review. This must be done within 14 days of receiving your refusal.
Appeal
If you have applied for ILR after being in the UK on a PBS visa, there is no right of appeal on a refusal unless it is made on human rights grounds. The most common route is making a claim under Article 8 of the European Convention on Human Rights. Article 8 provides protection from interference in family and private life. Appeals of this type require expert knowledge and representation, which our lawyers can provide to you.
If you have applied for ILR under the 10-year long residence route, you may have a right of appeal; however, most appeals under this route fall under Article 8.
Judicial Review
If you do not have grounds for appeal or your appeal fails, you may apply for Judicial Review of the decision. Judicial Review is whereby the courts examine the legality of a decision made by UKVI. All other avenues must be exhausted before an application for Judicial Review can be made. Our lawyers are experts in bringing Judicial Review claims and take care in ensuring the Pre-Action Protocol is followed, which can result in UKVI choosing to review the refusal and grant ILR.
How Can A Y & J Solicitors Assist if My Application for ILR Is Refused?
If you have already received an ILR/Settlement refusal, A Y & J Solicitors can assist with your appeal or Judicial Review. We can advise you on the appropriate paperwork, prepare a strategy, and represent you before the tribunals or court.
Our highly qualified team has a strong record of successfully challenging UKVI refusals. Our immigration experts work tirelessly and diligently to ensure every case we manage achieves the best results possible. We offer our excellent service to every client and have a transparent fee structure with no hidden charges or extra costs.
Statutory’ or ‘section 3C’ leave is intended to protect a person who makes an application for leave to remain while they have existing leave (i.e. where they have made an in-time application). Section 3C leave continues during any period when: a) an in-country appeal could be brought (ignoring any possibility of an appeal out of time with permission), b) the appeal is pending (within the meaning of section 104 of the Nationality, Asylum and Immigration Act 2002), i.e. it has been lodged and has not been finally determined.
By working with us, you can be confident we can ensure your legal right to remain in the UK is protected, wherever possible. This is not a comprehensive advice so please seek legal opinion to understand ‘Section 3C’ in more detail.
An appeal must be lodged with the tribunal within 14 calendar days of the date that the appellant was sent the notice of decision if they are in the UK.
Success Story on ILR Refusal Appeal
Successful FTT Appeal, Followed by Grant of Indefinite Leave to Remain (ILR) – Long Residence
Ms M was a student when she first came to the UK. She was granted entry clearance/further leave to remain as a student on Tier 4 (General) student visa on several occasions to further her studies in the UK. During her studies, she met her boyfriend, Mr A. They began a relationship and eventually this…
Video on ILR Refusal Appeal
UK Immigration Appeal Process
We are a specialised UK immigration law firm.
Today I want to talk to you about UK immigration appeal.
You might be able to appeal to the First-tier TRIBUNAL if the Home Office has refused your ‘asylum claim’, human rights claim or made a decision under the EEA Regulations.
The tribunal is INDEPENDENT of government. A judge will listen to both sides of the argument before making a decision.
If you are having a full right of appeal, then you should consider seeking legal advice from an experienced immigration lawyer.
Let me share as to how we deal with the appeals at A Y & J Solicitors.
The first step is to review your case and find out the chances of success for an appeal, the fees involved and the recommended approach to your appeal.
It’s not always advisable to appeal a decision, so make sure you have an expert advice before moving forward.
You will then be asked to gather documents and information to support your appeal. It’s important
that this is done quickly, because the deadline for appeal is short and inflexible.
Next, the hearing preparation begins. Let me summarize this in 5 points.
Point 1 includes compiling evidence to support your appeal,
Point 2 includes the skeleton argument your lawyer prepares in your defence,
Point 3 includes any examples of case law that are pertinent,
Point 4 includes any violation of the Home Office’s policy guidance, and
Point 5 includes a detailed statement of your situation that is completely accurate in showing your circumstances.
Your lawyer will then help you get ready by reviewing all information and any questions you may be asked during your hearing.
Now, at the hearing stage, there is a set structure.
First you will have a pre-hearing conference with your lawyer to help you feel confident and calm. Next, a brief meeting takes place between your lawyer and the presenting officer of the Home Office. Occasionally a favourable decision could arise from this meeting, and the hearing could be shortened to a decision. If a decision could not be made, the skeleton argument is handed to the judge, and your case is presented. You will be asked questions by your lawyer and by the Home Office. Then after, closing submissions are heard from the both sides. The hearing would be concluded with a private meeting with your lawyer to ensure that you understand everything that was discussed.
Usually a decision about your appeal is given later and is received in writing. After you receive this decision, you meet with your lawyer —hopefully to celebrate your upcoming Visa!
The appeal process is technical and often complex, if you have any questions or require our assistance, please get in touch. We’ve processed many successful appeals, and we can help you too. Our contact details are at the bottom of this video.
Thank you and I look forward to hearing from you soon.
Anyone who struggle with immigration issues will understand how devastating it is and how much right advice and guidance can help. I found AYJ (previously A Y & J Solicitors) online contacted them after reading reviews, it turned out to be the best decision I made. I would highly recommend AYJ for anyone looking for a reliable immigration service in UK. The advise and guidance I received from AYJ regarding my ILR application was exceptional. Thanks to Diana and Yash for understanding my case and guiding me in the right direction in every step of my application. I Will definitely recommend anyone using A Y & J Solicitors for their immigration matter.