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What Is the ILR Refusal Rate in the UK?
The ILR refusal rate in the UK is significantly lower than that of other visa applications, ranging from 5% to approximately 15%, depending on the visa category and application type. Whilst the majority of applications are successful, some fail due to negligence.
Applications are assessed very carefully because ILR is responsible for granting permanent residency to the applicants.
What Are Common Reasons for ILR Refusal
1. Good Character Requirement
Good character requirements include no history of crime or dishonesty, good financial history (e.g., tax, debts), and proper immigration compliance. Any record of these may easily get your settlement status refused.
2. Tax Issues and HMRC Discrepancies
Applicants may face an ILR refusal when their declared income to HMRC does not match the their visa application documents.
3. Excessive Absences
If the applicant has spent more than 180 days living outside the UK, they have already breached the ILR requirement.
4. Incomplete Evidence
Any important document missing from the application, such as proof of residence, may be a reason for refusal.
Can I Appeal a UK Visa Refusal for ILR?
You are allowed to appeal against UKVI’s refusal of your ILR application, depending on the reason. You can go for:
- Administrative review (AR) in case of a refusal based on any casework mistake.
- Appeal to the First-tier Tribunal (Immigration and Asylum Chamber) if there is any human rights claim.
- Judicial review when you don’t have the right to appeal, but you still believe the decision was not made fairly.
Your ILR appeal success rate will depend on the actual reason. The refusal can be overturned if your errors are solved (e.g., provided lacking documents).
Steps to Take After Your ILR Is Refused
1. Read the Refusal Letter
It’s normal to panic, but also take the time to read the refusal reasons to understand what needs to be done whilst appealing or requesting a review.
2. Seek Legal Advice
Getting help from an expert UK immigration solicitor will ensure you are aware of all the legal and best options for your case, along with their deadlines.
3. Check Current Immigration Status
If you applied before the expiration of your previous visa, you may get a Section 3C Leave, which allows you to stay in the UK legally whilst seeking your next steps.
4. Decide on Your Legal Route
Your immigration consultant will help you in deciding the best available review option based on the reason your ILR was refused.
How to Strengthen Your ILR Appeal or Reapplication
When you are about to go for an appeal, make sure you have covered:
- All tax records and HMRC letters in case of a refusal based on income record issues.
- Work on the documentation for continuous residence, including your travel history and ties to living in the UK for an extended period.
- Go for a retake on the Life in the UK Test or get the latest certificates in the English language.
- Prepare a statement of additional grounds in case of any new evidence worth sharing.
- Seek advice from an expert to go for a pre-action protocol (PAP) judicial review instead of starting court proceedings.
FAQs on ILR Refusals in the UK
Yes, but only if you have a Section 3C leave. Otherwise, you need to quickly work with a legal team to protect your status in the UK.
If you are living in the UK, you have about 14 days to appeal the case, and 28 days if you are outside the UK.
It depends on the reason for refusal and the evidence you provide. Several appeals have been overturned due to the correction of errors in the casework.
You will need to explain the difference between your declared and taxable income records with HMRC to get the refusal overturned.
ILR Refused? Don’t Panic
If your ILR application is refused, it’s not the end of your UK journey. You can still appeal UKVI’s decision using the right legal route. Time is of the essence when managing your and/or your family’s ILR refusals. This is where Legend Consults can greatly help.
No matter your reason for refusal, we are here to act quickly on your behalf. We offer free case evaluation and decrease your ILR refusal rate this time to zero, with our expert support. Contact our UK immigration lawyer today!
Getting refused the Indefinite Leave to Remain (ILR) status is devastating, especially when you have been living in the UK for a long time. But if you have received this news, know that there are proactive steps you can take to prevent an uncertain future for you and/or your family.
In this blog, we will talk about what happens if your ILR is refused in the UK, the average ILR refusal rate, what you can do after refusal, and the process to apply for an appeal and secure your stay in the UK.
