ILR Refusal: Administrative Review, Appeals and Reapplying

Indefinite leave to remain is permanent settlement in the UK, and an ILR refusal is when the Home Office says no to that application. You can request an administrative review within 14 days if you are in the UK, and doing so costs £80. The decision letter states why your application failed and what steps you can take next. The reason given decides your next step: you may request a review, appeal to a tribunal, or correct the problem and send a new application.

How to Request an Administrative Review

You ask the Home Office to reconsider its decision through an administrative review, such as when you believe a caseworker read your evidence incorrectly. The decision letter you receive states whether you may request one.

If you are in the UK, the deadline is 14 days after you get the decision; if the decision came on a day you were detained, you get seven days. The fee for an administrative review is £80, and at present you could wait 12 months or more for an answer.

Situation on the decision date	Time limit	Fee	Current wait time
In the UK	14 days	£80	12 months or more
Detained on the decision date	7 days	£80	12 months or more

Is a Visa Refusal Appeal Available to You?

The Home Office must have refused your human rights claim before you can appeal to the First-tier Tribunal. Challenges against immigration decisions are heard by the First-tier Tribunal, which is an independent court.

When no right of appeal exists, an administrative review may still be an option for you.

ILR Refused: Reapplying

A fresh application is worthwhile when your first form did not satisfy one of the settlement requirements. Correct the problem that led to the rejection before you send another application:

Applying too early: A form sent before the last 28 days of your qualifying period may be refused.
Trips over 180 days: Long spells abroad break your continuous residence, and work trips that take you past 180 days are not treated as an exception.
Salary too low: On the day you apply, your pay has to meet the salary rule for your route.
English or missing test: Without proof of your English level or your Life in the UK Test pass, the application can be refused.

Before you send a new form, compare the dates you travelled with the absence rules.

If ILR Is Refused, What Happens Then?

The Home Office can refuse permanent settlement while your right to remain in the country stays in place. The caseworker may give you limited leave instead, which lets you stay in the UK for a fixed period.

When limited leave is granted after a settlement refusal, you must pay the healthcare surcharge that goes with that temporary permission.

Help From a Solicitor

An immigration solicitor helps when the decision letter points to a complex rule instead of a missing document. Reading the refusal reasons, a qualified adviser can tell you if an administrative review has a real chance of succeeding.

If your human rights claim was refused, legal advice also helps you get ready for an appeal to the First-tier Tribunal, and it helps when your visa expires before you can reapply.