ILR REFUSED

ILR Refusal Appeal Solicitors

Settlement refused? You may have just 14 days to challenge it.

Recognised and regulated

Legal 500 ranked firmRegulated by the Solicitors Regulation AuthorityChambers and Partners
Written by the AY&J Solicitors immigration team. Reviewed by Sunny Sandhu, Head of Legal Operations. AY&J Solicitors is regulated by the Solicitors Regulation Authority, and is ranked by Legal 500 and Chambers and Partners.
Your options

What can you do about a refusal?

A refusal is not the end of your settlement. There are three real routes, and the reason decides which fits.
  • Administrative review, if a caseworker made an error. £80, within 14 days, no new evidence.
  • A fresh application, if the problem is fixable, such as an absence miscount or a missing document.
  • Judicial review, if the decision was unlawful and no other route is open.
  • Appeal, only where the refusal engaged your human rights.
Fifteen years in settlement and appeals. Legal 500 and Chambers ranked, and regulated by the Solicitors Regulation Authority.
Your route

Why AY&J Solicitors For a Refusal

  • We read the refusal within hours. Then we tell you whether it is a caseworker error, a fixable gap, or a decision to challenge in court.
  • We protect your Section 3C leave by acting in time, so your right to work continues while the challenge runs.
Deadlines

Your Right to Work Depends on It

If your visa has expired, only an in-time challenge keeps your Section 3C leave alive. And with it, your right to work. Miss the 14 days and that protection can fall away. A refusal is stressful, but the first move is what protects your position. We would suggest sending us the letter the day it arrives.
RemedyIf you are inside the UKIf you are outside the UK
Administrative review14 calendar days from the date of decision.28 calendar days from the date of decision.
Appeal to the First-tier Tribunal14 calendar days from the date of decision.28 calendar days from the date of decision.
Judicial review3 months from the date of decision.3 months from the date of decision.

A fresh application carries no formal deadline, but your lawful status may lapse while you prepare. If a deadline has already passed, tell us immediately so we can evaluate exceptional out-of-time remedies.

Refusal reasons

Why ILR applications get refused

The fixable reasons

  • Absences over 180 days in a rolling 12 months
  • Salary or evidence gaps on a work route
  • A missing or wrong document
  • The wrong SET form

For a straightforward reapplication, see our Indefinite Leave to Remain application page.

The serious reasons

  • A 322(5) tax discrepancy, treated as deception
  • An undisclosed caution or conviction
  • Good-character and suitability concerns
  • These need advice before any reapplication

For tax and deception refusals, see our tax-deception judicial review page.

Our Process

The AY&J Process

01

Discovery

  • Fifteen minutes with our client team to check for issues

  • Screening conversation, not legal advice

  • Eligibility assessment

We read the refusal and confirm you have a right of appeal.

You receive

A quick standing check

02

Consult

  • Solicitor-led case assessment

  • Immigration options mapped

  • Initial risk identification

We confirm your ground, appeal or JR, and protect your 3C leave.

You receive

Written next steps and a document schedule with dates

03

Caseworking

  • Application preparation

  • Evidence bundle assembled

  • Legal representations drafted

We draft the grounds and build the bundle and skeleton argument.

You receive

A complete appeal bundle

04

Assure & Submit

  • Senior associate review and evidence-gap check

  • Legal-risk review

  • Submission and correspondence

  • Proactive monitoring

  • Updates on schedule

We serve the bundle and represent you at the hearing.

You receive

A pre-submission assessment call

05

After Care

  • Decision explained

  • Immediate next steps

  • Future immigration roadmap

We explain the outcome and advise on any onward appeal.

You receive

An outcome letter and forward plan

Chambers and PartnersRegulated by the Solicitors Regulation Authority

This diagram describes our working method and is not legal advice. Outcomes depend on individual circumstances and on Home Office decision-making.

Evidence

What evidence will you need?

You likely already hold the core documents needed to overturn your refusal. Your decision letter is the most critical item because it defines the exact legal issues we must resolve.

Required DocumentWhy It Is Critical for Your Challenge
Complete refusal decision noticeSets out the specific statutory grounds and caseworker reasoning we must counter.
Original application and evidence bundleShows exactly what documentation was before the decision-maker at the time of refusal.
Complete immigration travel and visa historyEstablishes unbroken lawful residence and accounts for all historic transitions.
Home Office correspondence and interview transcriptsFrequently exposes procedural unfairness, factual errors, or misapplied rules.
Fresh evidence addressing refusal groundsForms the core evidentiary foundation for administrative review or tribunal hearings.
Updated personal and family circumstancesDemonstrates ongoing private and family life ties supporting human rights grounds.
Fees

Costs & Processing Times

What each route involves and how long it takes. Current as of August 2026.
ComponentFeeProcessing time
Urgent review of your refusal letterAgreed before we startSame day or next day
Administrative review, Home Office fee£80, refunded if it succeedsUsually within 28 days
Fresh ILR application, if that is the route£3,226Up to 6 months
Our fee to prepare the review or fresh applicationQuoted up frontWithin your deadline
Judicial review, if the decision was unlawfulCourt fees plus our fee, quotedMonths, varies
What works

The Clock Started on the Refusal Date

For administrative review you have 14 days from the date on the decision, in-country. Not from the day you read it. Acting in time does two things. It keeps the review open. And it usually preserves your Section 3C leave, so you can keep working while it is decided. Miss the window and the review closes, leaving only a fresh application or, in narrow cases, judicial review. This is why the first call matters so much.
Why AY&J

Our story in numbers

Fifteen years overturning refusals and rebuilding applications that win the second time.
Successful ILR applications
Years of UK immigration experience
Average rating from Trustpilot & Google
Testimonials

In our clients' own words.

Here's what clients say about challenging their refusal with AY&J Solicitors.

“After our ILR rejection, AY&J pursued our case through Administrative Review and Judicial Review. The team was open, honest, knowledgeable and attentive to every detail. They kept us informed at every stage, supported us throughout an extremely difficult journey and helped us regain confidence in our case.”

Suman and Jimi
ILR refusal client
FAQ

Frequently Asked Questions

Speak to a solicitor

Deadlines, costs and timing

How soon can you start?

The same day where we can. The 14-day clock does not move, so we work from the date on your letter from the first call.

Judicial review

When is judicial review appropriate?

Only where the decision was unlawful and no other route is open. It tests the legality of the decision, not the merits, and it is slower and more costly.

Judicial review

What if the review fails?

You can make a fresh application, or in narrow cases pursue judicial review. We tell you honestly which, if either, is worth doing.

Your refusal

What if my visa has already expired?

Then only an in-time challenge can preserve your status. If the deadline has passed and leave has expired, take advice immediately, as options narrow quickly.

Your refusal

What is Section 3C leave?

It is the protection that keeps your existing conditions in place while an in-time application or challenge is pending. It is why acting inside the deadline matters so much.

Reapplying

Can you prepare the fresh application?

Yes. We rebuild it around the refusal reasons, so the same objection does not return. Where a route page fits, we point you to our ILR application page too.

Your refusal

Was my refusal just an absence miscount?

It is a common cause. The 180-day rule is rolling, not per calendar year, and many correct applications are refused on a miscount. That is often reviewable.

Your refusal

My refusal mentions tax or deception. What now?

Take advice before doing anything. A 322(5) refusal has lasting consequences, and reapplying without addressing it can make things worse. See our tax-deception page.

Reapplying

Will reapplying cancel my review?

Yes. A fresh application withdraws a pending administrative review. You cannot run both, so the route has to be chosen first.

Reapplying

Should I reapply or ask for a review?

It depends on the reason. A caseworker error points to a review. A fixable gap, such as an absence miscount, is often faster to correct in a fresh application.

Your refusal

What are my chances?

A review works only where a caseworker made a genuine error. If the decision correctly applied the rules, a fresh application is usually the better route.

Deadlines, costs and timing

How long does it take?

Usually within 28 days. You cannot make another visa application while it is pending, or the review is treated as withdrawn.

Reapplying

Can I add new evidence?

No. The review looks only at what you already submitted. If your case needs new material, a fresh application is the route instead.

Deadlines, costs and timing

How much is it?

The fee is £80, and it is refunded if the review overturns the decision.

Deadlines, costs and timing

How long do I have?

14 calendar days from the date on the decision if you are in the UK, 7 if you are detained. The clock runs from the letter, not the day you read it.

Your refusal

What should I do first?

Read the letter for the deadline and the stated route, then get advice before you act. The wrong first move can close the right one.

Your refusal

Can I keep working after a refusal?

If you applied in time and challenge in time, Section 3C leave usually keeps your conditions in place. If your leave had already expired and you do nothing, the right to work can end.

Your refusal

Does a refusal affect future applications?

A clean-cause refusal usually does not. A refusal involving deception or character is different, and it must be addressed head on before any reapplication.

Your refusal

Why was my ILR refused?

Most often absences over 180 days, a salary or evidence gap, or a good-character concern. A tax discrepancy treated as deception is another. The letter sets out the exact reasons.

Appeals and reviews

Can I appeal an ILR refusal?

Usually not. ILR is a settlement application, so an appeal only exists where the refusal engaged your human rights. For most refusals the route is administrative review or a fresh application.

Your refusal

What is the first step I should take after refusal?

What comes next after an ILR is refused is a legal review, so speak with a solicitor before your deadline expires.

Reapplying

Can I reapply if my challenge is unsuccessful?

Yes, but you will need to resolve the core refusal reason, so fresh legal arguments are essential for success.

Appeals and reviews

Can an ILR refusal be overturned without a full hearing?

Yes, because the Home Office often reconsiders after Pre-Action Protocol letters, so many matters settle before reaching tribunal judges.

Your refusal

Can a short period of overstaying be excused?

Yes, because Paragraph 39E can excuse gaps under 14 days, so delays beyond your control protect continuous lawful residence.

Your refusal

Does a past tax amendment prove dishonesty?

No, because a tax correction is not proof of deception, so the Home Office must prove deliberate dishonesty.

Your refusal

What is paragraph 322(5) of the Immigration Rules?

Paragraph 322(5) is a character ground, so the Upper Tribunal requires proof of dishonesty before it can be applied.

Your refusal

What are the most common ILR refusal reasons?

The most common ILR refusal reasons involve tax amendments, excessive absences, missing evidence, and general suitability findings.

Deadlines, costs and timing

What happens if I miss my challenge deadline?

Missing a deadline can permanently forfeit your challenge, so seeking legal advice immediately protects your lawful status in the UK.

Judicial review

What is the deadline for filing judicial review?

You must file promptly within three months, so acting immediately protects your position before the absolute deadline passes.

Deadlines, costs and timing

How long do I have to appeal an ILR refusal?

You have fourteen calendar days if you are inside the UK, so overseas applicants receive twenty-eight days from the decision date.

Reapplying

Can I simply submit a fresh ILR application?

Yes, you can submit a new application, though your existing leave may lapse while your documents are being prepared.

Judicial review

What is a Pre-Action Protocol letter?

A Pre-Action Protocol letter details legal errors before court action, so the Home Office frequently reconsiders decisions at this stage.

Judicial review

Do I have to exhaust other remedies before judicial review?

Yes, because judicial review is a remedy of last resort, you must explore administrative review first where available.

Judicial review

What is an immigration judicial review?

Judicial review challenges the legal fairness of a decision, so the Upper Tribunal examines whether the Home Office acted lawfully.

Appeals and reviews

What is an administrative review for ILR?

Administrative review for ILR identifies caseworker errors, so you cannot introduce fresh evidence that was omitted from your original application.

Appeals and reviews

What can I do if my route has no appeal rights?

Work routes like Skilled Worker have no general ILR refusal appeal, so judicial review for ILR is often the only challenge option.

Appeals and reviews

Which settlement routes carry full statutory appeal rights?

Long residence ILR carries full appeal rights, while family routes carry only an Article 8 human rights appeal.

Appeals and reviews

How can I confirm if I have appeal rights?

Your refusal letter states your rights, but it is often inaccurate, so having a solicitor review it is essential.

Appeals and reviews

Can I always appeal an ILR refusal to a tribunal?

Not always, because settlement appeals require statutory rights, so points-based work routes generally do not carry appeal rights.

Appeals and reviews

What are my legal options after an ILR refusal?

An ILR refusal appeal is one option, so you can pursue fresh applications, administrative review, or judicial review.

Contact

Send us your refusal letter

Send us the letter and the date on it. We will tell you which route fits, how long you have, and whether your right to work is protected.
Speak to a solicitor
Office
Holborn Gate, 330 High Holborn, London, WC1V 7QT
Phone & WhatsApp
+44 20 7404 7933
Email
contact@ayjsolicitors.com