ILR Refusal Appeal Solicitors

What can you do about a refusal?
- 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.
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.
Your Right to Work Depends on It
| Remedy | If you are inside the UK | If you are outside the UK |
|---|---|---|
| Administrative review | 14 calendar days from the date of decision. | 28 calendar days from the date of decision. |
| Appeal to the First-tier Tribunal | 14 calendar days from the date of decision. | 28 calendar days from the date of decision. |
| Judicial review | 3 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.
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


This diagram describes our working method and is not legal advice. Outcomes depend on individual circumstances and on Home Office decision-making.
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 Document | Why It Is Critical for Your Challenge |
|---|---|
| Complete refusal decision notice | Sets out the specific statutory grounds and caseworker reasoning we must counter. |
| Original application and evidence bundle | Shows exactly what documentation was before the decision-maker at the time of refusal. |
| Complete immigration travel and visa history | Establishes unbroken lawful residence and accounts for all historic transitions. |
| Home Office correspondence and interview transcripts | Frequently exposes procedural unfairness, factual errors, or misapplied rules. |
| Fresh evidence addressing refusal grounds | Forms the core evidentiary foundation for administrative review or tribunal hearings. |
| Updated personal and family circumstances | Demonstrates ongoing private and family life ties supporting human rights grounds. |
Costs & Processing Times
| Component | Fee | Processing time |
|---|---|---|
| Urgent review of your refusal letter | Agreed before we start | Same day or next day |
| Administrative review, Home Office fee | £80, refunded if it succeeds | Usually within 28 days |
| Fresh ILR application, if that is the route | £3,226 | Up to 6 months |
| Our fee to prepare the review or fresh application | Quoted up front | Within your deadline |
| Judicial review, if the decision was unlawful | Court fees plus our fee, quoted | Months, varies |
The Clock Started on the Refusal Date
Our story in numbers



In our clients' own words.
Frequently Asked Questions
Deadlines, costs and timing
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
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
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
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
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
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
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
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
Yes. A fresh application withdraws a pending administrative review. You cannot run both, so the route has to be chosen first.
Reapplying
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
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
Usually within 28 days. You cannot make another visa application while it is pending, or the review is treated as withdrawn.
Reapplying
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
The fee is £80, and it is refunded if the review overturns the decision.
Deadlines, costs and timing
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
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
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
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
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
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 comes next after an ILR is refused is a legal review, so speak with a solicitor before your deadline expires.
Reapplying
Yes, but you will need to resolve the core refusal reason, so fresh legal arguments are essential for success.
Appeals and reviews
Yes, because the Home Office often reconsiders after Pre-Action Protocol letters, so many matters settle before reaching tribunal judges.
Your refusal
Yes, because Paragraph 39E can excuse gaps under 14 days, so delays beyond your control protect continuous lawful residence.
Your refusal
No, because a tax correction is not proof of deception, so the Home Office must prove deliberate dishonesty.
Your refusal
Paragraph 322(5) is a character ground, so the Upper Tribunal requires proof of dishonesty before it can be applied.
Your refusal
The most common ILR refusal reasons involve tax amendments, excessive absences, missing evidence, and general suitability findings.
Deadlines, costs and timing
Missing a deadline can permanently forfeit your challenge, so seeking legal advice immediately protects your lawful status in the UK.
Judicial review
You must file promptly within three months, so acting immediately protects your position before the absolute deadline passes.
Deadlines, costs and timing
You have fourteen calendar days if you are inside the UK, so overseas applicants receive twenty-eight days from the decision date.
Reapplying
Yes, you can submit a new application, though your existing leave may lapse while your documents are being prepared.
Judicial review
A Pre-Action Protocol letter details legal errors before court action, so the Home Office frequently reconsiders decisions at this stage.
Judicial review
Yes, because judicial review is a remedy of last resort, you must explore administrative review first where available.
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
Administrative review for ILR identifies caseworker errors, so you cannot introduce fresh evidence that was omitted from your original application.
Appeals and reviews
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
Long residence ILR carries full appeal rights, while family routes carry only an Article 8 human rights appeal.
Appeals and reviews
Your refusal letter states your rights, but it is often inaccurate, so having a solicitor review it is essential.
Appeals and reviews
Not always, because settlement appeals require statutory rights, so points-based work routes generally do not carry appeal rights.
Appeals and reviews
An ILR refusal appeal is one option, so you can pursue fresh applications, administrative review, or judicial review.
ILR Refusal Insights
Send us your refusal letter


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