After investing money, time, and effort in creating the application and accompanying materials, having an ILR application rejected can be devastating. A refusal of Indefinite Leave to Remain (ILR) or having ILR status revoked can mean the difference between families staying together or being permanently split apart after going through the Points-Based System (PBS) visa application process and making sure they fulfil all requirements over the course of their visa. In this article, read about What happens if your Indefinite Leave to Remain application is refused?
For this reason, it is advisable to get in touch with immigration consultants to help you through the process.
What happens if your Indefinite Leave to Remain application is refused?
What is Indefinite Leave to Remain in the UK?
Indefinite Leave to Remain provides you with access to public funds like free healthcare and education, opens the door to British citizenship, and lets you bring family members along. It gives you freedom from immigration restrictions so you may live and work in the UK.
Why do applications for Indefinite Leave to Remain (ILR) get rejected?
Applications for ILR are denied for a variety of reasons. They consist of:
UKVI may assert that you have engaged in deceit as a result of prior mistakes in your tax filings.
Any instances of utilising deceit, such as false representation, fraud, forgery, withholding relevant information, or refusing to comply, will result in the rejection of an ILR application.
Problems with paying UK taxes, no matter how modest, are a frequent example. The Home Office will have access to information about your tax filing history since HMRC and UKVI share information about taxes paid in the UK.
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If you have not reported your income to the HMRC, do not be tempted to say you are making the appropriate income on your application. This will be interpreted as an inconsistency.
The Home Office has the right to reject your request for ILR. If you have ever had problems making your tax payments, even if those issues were afterwards resolved with HMRC. Any deliberate underpayment of UK taxes will result in an immediate denial of your request.
You did not provide the necessary paperwork
ILR petitions are frequently rejected because the applicant did not provide the proper documentation or filled out the application form correctly. It is therefore important to seek the advice of immigration attorneys. So that they can assist you in assembling the necessary documents for an appeal.
You don’t match the criteria for “continuous residence”
You cannot be absent from the UK for more than 180 days in any one 12-month period during your total qualifying period in order to be eligible for ILR. PBS dependents are now subject to this requirement as well. If you don’t abide by the qualifying term your ILR application will be rejected on the ground of excessive absence.
Excessive absences could need justification in your application. Holders of Tier 1 visas are the only exception to this regulation. They are exempt from providing proof of absences from the UK.
It is strongly advised that you get legal counsel on your absences because the rules are extremely strict, intricate, and dynamic.
Unsatisfactory performance of the language and UK Life criteria
The Life in the UK exam will often be required to be taken before submitting an application for settlement.
There are a few exceptions, including individuals who are under 18 years old, are over 65 years old. They have already taken and passed the exam, or have a chronic medical or mental illness.
Unless they have a medical or mental condition that precludes them from doing so. All candidates between the ages of 16 and 65 from non-English speaking nations must additionally give proof of their proficiency in the language.
What Can I Do If My Request for ILR Is Rejected?
You have a number of choices if your ILR application has been rejected. Each one will be thoroughly considered, and we’ll let you know which approach has the most chance of working.
The choices are:
You have to resubmit your ILR application
It can be easier and less expensive to just file a new Indefinite Leave to Remain (ILR) application if yours was completed erroneously or essential papers were missing. At this point, we assist you in creating a detailed application so you won’t have to go through the procedure again.
It could be possible to request that your application form and accompanying documentation be evaluated again if your rejection appears to be the result of a mistake in the decision-making process. The initial judgement will be reversed if the Administrative Review rules in your favour.
You must be requesting ILR based on a points-based visa in order for Administrative Review to be accessible. If you have this option accessible to you, your denial letter will let you know, along with the deadlines you’ll have to stick to.
There is no entitlement to appeal a denial if you apply for ILR after entering the UK on a PBS visa unless the denial is based on human rights considerations. Making a claim under Article 8 of the European Convention on Human Rights is the most typical method. Protection from intrusion into family and private life is guaranteed by Article 8. This kind of appeal needs knowledgeable representation, which our attorneys can offer you.
You may have the right to appeal if you apply for ILR using the 10-year residency requirement; however, most appeals made using this requirement fall under Article 8.
You may petition for judicial review of the judgement if your appeal is rejected or if you lack sufficient grounds to appeal. Through the judicial review, the legitimacy of a UKVI decision is assessed by the courts. Before requesting a judicial review, all other options must have been explored. Due to the expertise of our attorneys in filing judicial review cases and their attention to detail in ensuring that the Pre-Action Protocol is followed, UKVI may decide to reconsider the rejection and award ILR.
Contact A Y & J Solicitors for assistance
A Y & J Solicitors will help with your appeal or judicial review if you have previously received an ILR/Settlement denial. We can help you with the necessary documentation, put out a plan, and represent you in court or before tribunals.
Our experienced staff has a proven track record of successfully contesting UKVI denials. Our immigration specialists put in a lot of time and effort to make sure every case we handle yields the greatest outcomes. Every client receives our outstanding service, and we have a clear price structure without any additional fees or hidden expenditures.