Applying for a settlement visa refusal appeal can be a complex yet challenging process for individuals who want to settle in the United Kingdom. The UK Home Office will refuse ILR on the basis of not fulfilling the relevant requirements and eligibility criteria for UK visas and immigration. One wrong move and your application for a settlement visa/ ILR can be denied with disastrous consequences for your future endeavours. Going through the refusal appeal on your own is a risky gamble, and proving you are eligible can be tougher than you think. Our team has ample experience assisting you and your families in securing your settlement process in the UK.
At A Y & J Solicitors, we have helped thousands of ILR applicants to obtain an ILR. We know how to spot and resolve application issues before they become the reason for refusal. 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.
I lack words to show how happy I am to have met A Y & J Solicitors. You've proven beyond doubt that you're the best. You've been supportive from the first day to the last, not minding my shortcomings, and you have patiently assisted us down to this day. Our visa applications were all approved, none were denied, courtesy of your relentless efforts. I'll recommend you over and over again.
"Jane Onyekachi
Bad advice can lead to delays and refusals you can’t afford to risk. That’s why we assign a subject matter expert - a UK immigration associate - to manage your case throughout.
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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.
There are several reasons ILR applications are refused. They include:
This is not an exhaustive list. You can view more reasons for General Grounds of refusal here.
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.
Whenever the UKVI agency decides to reject an application, they send a rejection letter to the applicant with the contact information they have provided, either via mail or email. The matter of how you receive the decision letter depends on the details provided in the application. If a postal address has been provided, UKVI reposts a handwritten version of the refusal letter through the mail. If the applicant has applied online, the UKVI may forward the refusal note through email since it would have reached the applicant faster.
The exact reasons for the decision are available in the letter. If an application was rejected, you can also find the reasons for it in the letter. The letter gives details on any conditions the applicant has for further appeals or administrative review if the situation applies, steering the applicant on what to do next.
Yes, you can again apply for Indefinite Leave to Remain (ILR) after refusal, but it is advisable to appoint an experienced immigration lawyer to handle the case and prepare the documentation accurately as per the immigration guidelines. If your ILR application is refused, you can re-apply with a new form by resolving all the reasons mentioned in the first refusal letter.
However, if you believe there is an error in the Home Office, you can go with an administrative review.
To prevent this scenario, it is important to correct any mistakes or provide the documentation needed for the ILR standards. Also, depending on the refusal letter, it is possible to pursue the matter to the appeal process if allowed by law.
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.
