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Refusal Reasons of Indefinite Leave to Remain

Indefinite Leave to Remain – Common Reasons for Refusal and What You Can Do if Your Application was Refused

May 24, 2018

DisclaimerThe information in this blog is accurate as of its publication date. Any updates after that date are not reflected here.

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

[perfectpullquote align=”left” bordertop=”false” cite=”” link=”” color=”” class=”” size=””]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.[/perfectpullquote]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. As a Tier 1 (General) Migrant, I was also affected by HMRC tax amendments prior submitting my settlement application. I approached A Y & J Solicitors, following a referral from my friend who encouraged me stating A Y & J Solicitors would be the best in securing my settlement. I have chosen to submit my settlement application at the Premium Service Centre, and on the same day, I was informed of my application retained for further inquiries. I was given a questionnaire to complete and a deadline to file additional documents with regards to my tax amendments of previous financial years while on Tier 1 (General). Yash and Diana assisted me with the completion of the questionnaire and prepared an additional set of legal representations without leaving room for the HOME OFFICE to refuse my application. Last week, I was overjoyed to be informed that our settlement (me and my family’s) application was approved, despite tax amendments. Amazing, talented, hard-working team. I am super happy.”

Check How Close You Are to ILR with ILR Eligibility Tool

This eligibility tool will review your visa route, your years in the UK, your travel history and other ILR requirements to show whether you are ready to apply for settlement or what you may need to improve to meet the criteria.

Use the ILR Eligibility tool

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.

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 contact@ayjsolicitors.com 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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A Y & J Solicitors is a multi-award-winning UK immigration law firm with over 14 years of specialist experience. Based in Central London, we are recognised and recommended by The Legal 500, Chambers Partners authorised by the SRA (Solicitors Regulation Authority). Having successfully assisted more than 5,000 clients, we stand by our ‘In It To Win It’ approach to deliver results with precision and care. For your peace of mind, we are proud to hold a trust rating of 4.9/5, backed by over 1,000 reviews on Trustpilot and Google.

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Yuvjit ZakhmiYuvjit Zakhmi
17:17 07 Jun 26
I had an excellent experience working with Ikra Ahmed, Immigration Advisor at AY&J Solicitors, for my parents’ UK visit visa application. She was exceptionally thorough, reviewing every aspect of the case with great attention to detail. Ikra carefully examined the financial documents, bank statements, and supporting evidence, ensuring that nothing was overlooked.The way she structured the application and prepared the legal representations was truly impressive. Her clarity, precision, and deep understanding of immigration requirements gave us complete confidence throughout the process.I am extremely satisfied with the quality of service she provided and would highly recommend her to anyone seeking reliable and expert immigration advice.
Annapoorna C SAnnapoorna C S
10:46 03 Jun 26
Wonderful service, especially Ikra, your approach towards the clients, and the way you make sure everything goes well. Thank you for all the support.
BhArAtH RaJJBhArAtH RaJJ
07:54 03 Jun 26
Very helpful team. Always had solutions for any situation. Thanks to Dia and Anmol.
Lavya ALavya A
12:18 02 Jun 26
Excellent service throughout. The team (specifically Elaha Basir) were professional, responsive and prompt in their communication, making the visa process clear and much less stressful. I really appreciated their attention to detail and support, and would highly recommend them.
Siwakorn KetwattaSiwakorn Ketwatta
12:45 29 May 26
Great service
Ashwin Kumar SAshwin Kumar S
12:04 22 May 26
S FungS Fung
21:11 15 May 26
I would like to sincerely thank AY &J and my solicitor, Ikra and her team for their professionalism, patience and support throughout my family’s BN(O) ILR application.My case was not a straightforward one. The application involved complex issues surrounding sole responsibility, family arrangements, and the children’s dependency under the BN(O) household route. The case required careful presentation of the children’s best interests, the practical reality of our family arrangement, and extensive supporting evidence.Throughout the process, Ikra was thorough, knowledgeable and extremely patient in reviewing all the evidence and addressing the legal and practical complexities of the case. I particularly appreciated the detailed guidance regarding sole responsibility, supporting documentation, and how to properly present the long-standing family arrangement to the Home Office.I am truly grateful that the application was ultimately approved.I would highly recommend AY &J to other Hong Kong BN(O) families, especially those with more complicated circumstances requiring careful legal preparation and attention to detail.Thank you again for all your hard work and support throughout this journey.
Wenxin WangWenxin Wang
12:05 13 May 26
Jake BenilovJake Benilov
19:37 12 May 26
Thank you Imad and team for the exemplary visa sponsorship support you provided to my company. We really appreciated the attention to detail and rapid turnaround under very tight deadlines. We would definitely instruct A Y & J in future and would gladly recommend to others.
ShoxjahonShoxjahon
06:22 11 May 26
Samir MultaniSamir Multani
22:05 09 May 26
mustafa chakfemustafa chakfe
10:18 06 May 26
My experience with this company began poorly when I decided to use them for my family visa extension. In early April, I sent numerous emails but received no replies. I tried calling them but was met with the same frustrating lack of response.After several attempts, I finally connected with Krutika Howal, the Business Operations Executive. However, a new wave of poor service followed. From April 10th onwards, I’ve been trying to book an appointment but she keeps finding excuses for not responding.I’ve been trying to book an appointment over a month by phone and email, yet she’s incredibly slow to respond and even delayed my appointment. Finally, I secured a slot but from the last email I received from her confirming the appointment I sent her several more emails but she completely ignored them.When I tried calling the AI agent they took my call but didn’t connect me to the right person. They asked me to provide my information so they could call me back without giving me priority for my appointment which was scheduled for tomorrow.I need someone from the customer service team to investigate my case and explain why she’s working me like this?
Dr Lakshmi MolDr Lakshmi Mol
15:36 05 May 26
I had an excellent experience working with my solicitor Imad on my ILR application. From start to finish, the process was handled with professionalism, clarity, and great attention to detail.They were always responsive, patient with my questions, and ensured everything was submitted correctly and on time. Thanks to their expertise and support, my ILR application was approved smoothly.I’m truly grateful for their help and would highly recommend their services to anyone needing immigration assistance.
Kanika SainiKanika Saini
22:18 03 May 26
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