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ILR Application Refused – Appeal Process, Time Frame Explained

Jun 07, 2018
Last Updated on May 24, 2024

ILR refused due to tax amendment, deception, absences, CCJ (County Court Judgement)? An application for Indefinite Leave to Remain (ILR) can be refused for numerous reason including above mentioned and therefore it is crucial that applicants understand their appeal rights. Some of them are understandable, but others are downright cruel, which is one of the reasons the ‘hostile’ policy for illegal immigrants (which often affects legal migrants) is currently being challenged.

Reasons for ILR refusals include:

  • You have not filled in the application form correctly or submitted the right supporting documentation.
  • UK Visas and Immigration believe you have submitted incorrect information regarding your income or made a mistake on one of your tax returns, leading to refusal under section 322 (5) of the Immigration Rules.
  • A section 10 removal for alleged Educational Test Services (ETS), Test of English for International Communication (TOEIC) fraud.
  • You have not met the continuous residency requirements.
  • You could not submit the Passing Certificate of English language test or Life in the UK Test.
  • You have not spent the required amount in the UK before applying for ILR.
  • You have a Tier 2 (General) Visa and do not meet the minimum salary requirements.

If you have been refused ILR, you may have a right of appeal. Therefore, contacting an immigration lawyer is essential, as they can advise you on whether a right of appeal exists, and if so, represent you in the Tribunal.

How Can I Appeal an ILR Refusal?

The right of appeal for a decision made under the Immigration Rules is complex. Normally, a right of appeal only exists for ILR refusals if your leave to remain or visa application was refused before the Immigration Act 2014 was in force.

If your ILR application has been refused and if you have incorporated human rights ground into your application, you may get appeal rights.

By talking with an experienced immigration lawyer, you can establish which option is in your best, long-term interests.

Client says, “Absolute pleasure to work with Yash sir and Diana.

Absolute pleasure to work with Yash sir and Diana. Mr. Dubal is a grounded, modest and honest person. Submitted my ILR application with them, Diana was right by our side from start till finish. Keeping us informed at every stage, helping us when we couldn’t help ourselves.

Mr. Dubal is a grounded, modest and honest person. Submitted my ILR application with them, Diana was right by our side from start till finish. Keeping us informed at every stage, helping us when we couldn’t help ourselves. Yash, oozes such positive vibes, meeting him was the moment we realised we are going ahead with A Y & J Solicitors. In all honesty, we wouldn’t have been here without Mr. Dubal & Diana. Can’t thank you enough team for bringing us where we are today. Keep up the good work; there are a few of us who need saviours like you. Thanks again”!

Most ILR appeals on human rights grounds are made under Article 8 of the European Convention on Human Rights: the right to private and family life.

What is the Process of Making an ILR Appeal?

If your ILR application has been rejected, the letter you receive from UKVI must provide the reasons for the negative decision. Your immigration lawyer will then examine the reasons for your refusal and can suggest on next course of action.

You must be aware of the strict timeframe for lodging an appeal. If you are already in the UK, you must send your appeal notice within 14 days of receiving the negative decision. For ILR applicants who are overseas, the deadline for lodging a notice of appeal is 28 days.

An appeal must be made using the correct form. In most cases, a fee must be paid in order to lodge a valid appeal in the First Tier Tribunal. Payment must be made by means of a credit or debit card. Visa, Visa Electron, Master Card and Maestro. If the appeal is being submitted online, then online payment methods must be used. There are cases where an applicant will be exempt from having to pay the fee – your immigration lawyer can provide you with the best advice on whether an exemption applies to you.

The notice of appeal against an ILR refusal must:

  • State the grounds for appealing UKVI’s decision
  • Be signed and dated by you or your lawyer
  • State whether you require an interpreter during proceedings, and if so for which language and dialect
  • Let it be known whether you will attend the hearing, and
  • State whether you will be represented by an immigration lawyer at any hearing

In addition, the notice of appeal must be accompanied by:

  • The reasons for the ILR refusal
  • Any supporting documents which have not been supplied to UKVI
  • An application for the Lord Chancellor to issue a certificate of fee satisfaction, and
  • Any further documents required by an applicable practice direction

How Complex is the Appeals Process?

As you can see from the above outline of the requirements of an ILR appeal, the procedure for making an appeal is complex, full of exemptions and easy to get wrong. This is especially so if English is not your first language.

An immigration lawyer has the training and experience to launch a successful appeal if your ILR application has been refused, ensuring that if you qualify for fee exemption or there is a certain practice directive which must be followed, such actions are taken.

How Long does an Appeal for an ILR Refusal Take?

The length of time it could take to make a successful appeal depends on your case. The Law Society of England and Wales has stated almost half’ of all immigration decisions which are appealed are overturned. Experienced immigration lawyers will tell you that UKVI will sometimes reverse an immigration refusal as soon as they receive a letter stating an appeal may be forthcoming.

If you have had your ILR application refused, it is vital to contact an immigration lawyer who can provide you with the best advice to have the decision reversed and your ILR granted.

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.

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