Indefinite Leave to Remain applications is getting refused in thousands nowadays. Recently the media has been full of reports of immigrants from the Caribbean, who came to Britain in the 1950’s and 60’s when the country desperately needed labour to rebuild its shattered cities following World War Two, now being threatened with deportation.
The so-called ‘Wind rush’ generation, named after the ship HMT Empire Wind rush, which brought a group of 492 migrants from the West Indies to the port of Tilbury, near London, on 22nd June 1948, have lived most of their lives in the UK and have no social or economic connections in their birth country. Yet many are being refused Indefinite Leave to Remain in the UK.
Acquiring Indefinite Leave to Remain is the ultimate goal for many people who bravely decide to move to Britain and start a new life. Having Indefinite Leave to Remain status not only means you can work and live in the country free from visa restrictions, but you can also apply for British Citizenship after 12 months of obtaining your indefinite leave, depending on the category of the initial visa.
However, applications for Indefinite Leave to Remain are often refused. Recommendations are:
- understanding why UK Visas and Immigration (UKVI) refuses ILR applications so you can ensure your submission as required and you can avoid a refusal, and
- getting advice from an experienced immigration lawyer to challenge the UKVI if your application is refused.
A Y & J Solicitors have a strong reputation for getting complex Indefinite Leave to Remain applications approved, as shown by our many positive reviews.
Client says, “Successful settlement despite HMRC Tax amendments
My family and I cannot thank enough to the team at A Y & J Solicitors who has put all their hard work and care into our settlement application.
What are the Common Reasons Indefinite Leave to Remain is Refused?
There are many reasons why an application for Indefinite Leave to Remain is refused. Some of them are:
- necessary supporting documents have not been included
- you are on a Tier 2 General Visa and do not meet the minimum income requirements
- you have been convicted of a criminal offence or civil judgment
- ‘tax error rectification’ – i.e. you have made an error on a past tax return, and UKVI states that you are with undesirable character.
Having the Indefinite Leave to Remain refused is frustrating and costly. To avoid having it happen in the first place, seek the advice of an experienced immigration lawyer who can review your application and advice on the merits of your application. If there are any grounds for refusal, they improve the chance of having your application approved by preparing legal representations outlining to UKVI why Indefinite Leave to Remain should still be granted.
ILR Application Refused – Appeal Process, Time Frame Explained
What Should I do if my Indefinite Leave to Remain Application is Rejected?
If your application for Indefinite Leave to Remain is rejected, there are definitive actions you can take to reverse the negative decision.
Resubmitting your application
In some cases, it is easier and cheaper to simply resubmit an application for Indefinite Leave to Remain rather than appeal the decision. This is especially true if the reason for the rejection was because you made an error on the application or neglected to send in a key supporting document.
Administrative Review
Administrative Review is a process which is available to those settlement applications made under the Points Based System (PBS) and you can challenge the decision on the basis that the decision is incorrect due to a case working error.
Information on how to apply for Administrative Review and the time limits for making an application are included in the initial refusal letter.
Appealing the decision
You may be able to appeal the decision to refuse your application if you can make a claim that the refusal is a breach of your rights under the European Convention on Human Rights.
An appeal must be lodged with the tribunal within 14 calendar days of the date that the appellant was sent the notice of the decision if they are in the UK, or within 28 calendar days from the date that they receive an entry clearance decision. At A Y & J Solicitors we have successfully assisted applicants to appeal the refusal of their indefinite leave to remain application, have their appeal allowed and received their settlement visa.
Judicial Review
If no other avenue succeeds, you can apply for a Judicial Review of the reason for the refusal. During a Judicial Review, the court reviews the legality of a decision made by the Executive branch of the government, for example, UKVI.
Judicial Review is a complex process and permission must be granted by the court before a case can be heard. It is, therefore, crucial to get advice from an experienced immigration lawyer to follow the correct process and challenge the refusal successfully through Judicial Review.
In summary
There are many reasons why Indefinite Leave to Remain is refused, and it can happen to anyone in any profession. By seeking advice from a skilled immigration lawyer, you will increase the chance of successfully applying for Indefinite Leave to Remain and making a strong challenge if your application is refused.
A Y & J Solicitors are specialists in immigration law based in central London. If you would like to have more information, please contact us at [email protected] or call +44 20 7404 7933.
Disclaimer: No material/information provided on this website should be construed as legal advice. Readers should seek an appropriate professional advice for their immigration matters.
