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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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14:12 31 Aug 26
Ikra! I can't thank you enough for all your help and support throughout our visa application process. You were so patient and helpful in answering all our questions. To anyone working with Ikra: relax, you are in amazing hands!
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I have been working with them since 2021 for my various UKVI applications and it has been really great experience. They are extremely professional and helped us to prepare accurate applications which resulted in positive outcomes. I'm grateful for the entire team. Highly recommended 😊
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AY&J Solicitors guided me through the entire process of securing UK Global Talent visas for myself and my dependents. The team was professional, knowledgeable, courteous, and consistently quick to answer every question I had along the way. Their clear guidance and responsiveness made a complex process feel manageable and well supported. I’m extremely grateful for their help and would highly recommend AY&J Solicitors to anyone seeking expert UK immigration advice.
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Abdullah MamunAbdullah Mamun
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I recently used A Y & Z Solicitors for my ILR application, and I couldn't be happier with the successful outcome. Mr. Parvez Khan assisted me and truly went above and beyond to make sure everything was handled perfectly. He also managed my Tier 2 visa in the past, which went incredibly smoothly and was completed on time without me ever needing to chase for updates. It’s so reassuring to work with someone who is both highly professional and genuinely cares. I would highly recommend him!
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14:24 12 Aug 26
Great guidance in my citizenship application. Ikra Ahmed helped me and we were able to get my application with a small conviction ready and approved in less than a two weeks.
Nethmi KamburugamuweNethmi Kamburugamuwe
17:02 10 Aug 26
I cannot recommend Ashu , Ikra and the team highly enough. They helped us throughout my mum’s UK visa application and were extremely supportive, professional and helpful during the whole process.They put so much time and effort into the application, answered our questions, guided us through every stage and made what could have been a very stressful process much easier for our family.My mum has now successfully received her visa and arrived in the UK, and we are incredibly grateful for all their hard work and support.Thank you so much for everything you have done for us. I would definitely recommend your services to anyone looking for professional and reliable immigration assistance.
Ryne pereiraRyne pereira
12:47 09 Aug 26
Nnenna HemesonNnenna Hemeson
18:37 08 Aug 26
Ashu was very detailed and empathetic.She carried me through each step of the process and never missed a thing.
Tess WashburnTess Washburn
14:27 06 Aug 26
My partner and I worked with Ikra on a partner visa. She was extremely helpful and couldn't recommend her and this company enough!
ASHA ODEDARAASHA ODEDARA
17:45 05 Aug 26
I cannot thank my solicitor enough for their outstanding professionalism, dedication, and support throughout my immigration case. A big thank to AYJ solicitor team and specially to @Dipannita Mazumder and @Aileen Percy.Their commitment, patience, and professionalism gave me confidence during what has been a very stressful and emotional time. I truly appreciate all the hard work they have put into my case and would highly recommend their services to anyone looking for an experienced, knowledgeable, and supportive immigration solicitor.Thanks alot Dia.❤️
Elif ÖlmezElif Ölmez
16:48 04 Aug 26
Dia was super competent and incredibly helpful. Smoothest visa process ever. Very supportive, responsive and kind. Thanks so much!!!! 🙏🙏🙏
Vishali VuppalaVishali Vuppala
04:46 31 Jul 26
I had a great experience with my ILR application process. Everything went smoothly from start to finish, thanks to the excellent guidance and support provided by Imad and Dipanita. They were professional, knowledgeable, and always available to answer my questions, making the entire process straightforward and stress-free. I truly appreciate their assistance and would highly recommend their services to anyone applying for ILR.
Seshu PoonuriSeshu Poonuri
12:21 30 Jul 26
Excellent service from A Y & J solicitors from start to finish.A Y & J solicitor team is very friendly, professional, especially “Ms. Dipannita Mazumder” a big thanks to her, she always available to answer my questions throughout my visa application process. She handled my case efficiently. The whole process was explained clearly, which made everything much less stressful. Thanks to their support, my ILR was approved today successfully.I would highly recommend their services to anyone needing immigration/visa assistance in the UK.
Denisa PopaDenisa Popa
11:23 30 Jul 26
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