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.