What happens if ILR is refused?

ILR after a certain residency period in the UK if they obtain one of the following visas and remain in line with their visa obligations.

The route to settlement can be a tricky and lengthy process, considering a candidate could be nearing the end of a 5 year residency visa with intent to apply for ILR, but then could receive a refused application.

This can be devastating to applicants and dependents, as it is a lengthy and time consuming process.

Indefinite Leave to Remain is never guaranteed at the application stage, even if the non-UK citizen applying has been in the UK for over 10 years on a long residence basis.

Sufficient and correct documents must be provided, and the candidate must have good reasoning to be granted citizenship in the UK.

ILR applications are done online through the UKVI website. They come in 2 forms, one specific for applying as spouse visa holders or child dependents of someone who is already settled in the UK SET(M), and one for all other applications SET(O).

You will also need to pass the Life in the UK Test, a 45 minute test with 18 questions. This test requires at least a 75% pass mark to proceed with the application process. If you fail this test, there are no limitations to how many times you can retake it.

There is an English language knowledge requirement which can be proved either by an English qualification at B1, B2, C1 or C2 level, an English degree, or being a national of a majority English speaking country.

• Life in the UK Test
• English language knowledge & test
• Continual residency in the UK for a certain amount of time (depending on your visa type)
• Application fee
• A valid passport or identity document
• Relationship evidence of any spouse, civil partnership or child dependents that are also applying for ILR with you, such as a birth or marriage certificate

Indefinite leave to remain in the UK can be revoked under the following circumstances:

• The Home Office has made a mistake in assessing the application
• The applicant made a historical error on an administrative form (e.g., a tax form)
• Applications contain very small errors
• The application is refused on the grounds of public interest
• The applicant fails to meet the lawful continuous residence requirement
• The applicant does not have sufficient knowledge of English
• The applicant did not pass the Life in the UK test
• The applicant falls under some other general grounds for refusal
• The applicant spent longer than 18 months outside the UK in total over ten years
• The applicant spent longer than 6 months outside the UK at any one time

Individuals who do not hold leave to remain in the UK may be forcibly removed by immigration officials.

If an individual who does not hold British citizenship is convicted of a crime in the UK, they can also be forcibly removed and deported from the UK by immigration officials, at the discretion of the Home Secretary.

This will most likely happen after serving a criminal sentence in a UK prison.

Applicants should be notified of why their application was refused.

If the reason for the refusal was something that could be fairly easily rectified, such as an error on the application form or a missing document, you could correct the mistake and reapply straight away.

If your application was refused, you may be entitled to appeal at an administrative review, where if you believe there was an error in judgement in the decision you received, it will be taken to a review and potentially overturned.

Appeals are not always guaranteed and can only be made on the grounds of a human rights claim being refused.

Under the European Convention on Human Rights, you may be eligible to apply to revoke the order providing that you demonstrate you are acting under genuine human rights reasons, for instance family, private life, or seeking asylum.

Deportation is a serious matter, and means you are legally unable to enter the country for at least 10 years depending on the severity of your case. It is crucial you do not allow for this to happen, and know your rights.

In a last resort scenario, you can opt for a judicial review. It is only available where a court permits it, and requires specialist legal advice.

This is not a decision to be taken lightly, so we advise you speak to one of our Immigration team who can mentor you through the process if that is the route you choose to take.