ILR (Indefinite Leave to Remain) Refusal

Receiving an Indefinite Leave to Remain (ILR) refusal can be stressful and confusing. Many applicants are unsure why their application was rejected or what steps to take next. Here we will explain common refusal reasons, how to appeal or reapply, timelines, costs, and tips to improve your chances of success.

If you are considering appealing a refusal or making a fresh ILR application, speaking with an experienced immigration solicitor can help you understand your options and determine the best course of action.

If your ILR application has been refused, call our immigration solicitor on 0208 616 5535 to discuss reasons for rejection, appeal and reapplication options, processing times, and legal costs in 2026.

Table of Contents

What Is ILR (Indefinite Leave to Remain)?

ILR (Indefinite Leave to Remain), also called settlement, is a permanent UK immigration status that allows you to live, work, and study in the UK permanently without time restrictions.

It also provides a route to British citizenship, with increasing emphasis on good character, integration, and positive contribution to UK society.

Benefits of Indefinite Leave to Remain

ILR offers several long-term advantages, including:

• The freedom to live and work in the UK without immigration restrictions
• Access to public funds and NHS services (where eligible)
• Eligibility to apply for British citizenship (subject to meeting requirements)
• The ability to sponsor eligible family members to join you in the UK

Common Reasons for ILR Refusal

An ILR application can be refused for various reasons. The most typical reasons your ILR application may be rejected are:

1. Gaps in Continuous Residence or Extended Absences
2. Incomplete Applications or Missing Supporting Documents
3. Not Meeting the English Language Requirement
4. Failure to Pass the Life in the UK Test
5. Problems with Previous Immigration or Visa History

1. Gaps in Continuous Residence or Extended Absences

Most ILR routes require a qualifying period of continuous residence in the UK, usually five years. If you have spent too much time outside the UK, this can result in refusal.

As a general rule, absences must not exceed 180 days in any rolling 12-month period. Exceeding this limit can break your continuous residence.

2. Incomplete Applications or Missing Supporting Documents

Simple mistakes can have serious consequences. Using the wrong ILR application form, providing incorrect information, or leaving sections incomplete can lead to refusal.

Missing or inadequate supporting documents can also weaken your application and may result in delays or an outright rejection by the Home Office.

3. Not Meeting the English Language Requirement

If you do not meet the English language requirement or fail to provide acceptable evidence, your ILR application may be refused.

Applicants must usually demonstrate English language ability at the B1, B2, C1, or C2 level on the CEFR scale. This can be proven by:

• Passing an approved English language test (such as IELTS), or
• Holding a degree or academic qualification taught or researched in English

4. Failure to Pass the Life in the UK Test

Failing the Life in the UK Test is another common reason for refusal. The test assesses your understanding of British history, culture, laws, and traditions.

Certain applicants are exempt from this requirement, including those who are under 18 or aged 65 or over at the date of application.

5. Problems with Previous Immigration or Visa History

Your immigration history is carefully assessed. Issues such as overstaying, breaches of visa conditions, or providing false or misleading information can negatively affect your ILR application.

It is essential to be honest and provide full disclosure of any previous immigration matters.

Understanding the refusal reasons is key to strengthening your ILR appeal or reapplication and improving your chances of success.

What to Do Next If Your ILR Is Refused?

If your ILR application has been refused, contact our immigration solicitor on 0208 616 5535 to review the refusal reasons, explore appeal options, and discuss timelines and costs.

Our experienced immigration solicitor in London can help you review the refusal letter to identify the exact reasons for ILR refusal.

Delaying action could result in missed deadlines or repeated refusals, so consulting with Vanguard Solicitors promptly is strongly recommended to maximise your chances of a successful outcome.

What Are Your Options After ILR Refusal?

Based on why your ILR was refused, you typically have four main options:

1. Appeal to the First-tier Tribunal (Immigration and Asylum Chamber)
2. Apply for an Administrative Review
3. Pursue a Judicial Review
4. Reapply/Submit a Fresh ILR Application

1. Appeal to the First-tier Tribunal (Immigration and Asylum Chamber)

You can only appeal an ILR refusal if your refusal letter confirms that you have a right of appeal.

Appeal rights are limited and usually apply where refusing ILR would breach your human rights, such as your right to family or private life under Article 8 of the European Convention on Human Rights.

2. Apply for an Administrative Review

Administrative Review is available where no right of appeal exists. It allows you to ask the Home Office to reconsider its decision if you believe a caseworker made an error.

A separate Home Office officer will reassess your ILR refusal using your original application. You must apply within 14 calendar days if you are in the UK, and the fee is £80.

3. Pursue a Judicial Review

Judicial Review (JR) is a legal challenge to the lawfulness of a Home Office decision. Applications are made to the Upper Tribunal Immigration and Asylum Chamber (UTIAC).

Before starting court proceedings, a Pre-Action Protocol (PAP) letter must be sent to the Home Office. This sets out the legal grounds for challenge and allows the Home Office to reconsider the decision.

Judicial Review can be complex, and specialist legal advice is essential.

4. Reapply/Submit a Fresh ILR Application

In some cases, submitting a fresh ILR application is the most practical option. However, it is crucial to fully understand why your first application was refused.

Before reapplying, you should gather all relevant documents, correct any previous issues, and include additional evidence to strengthen your case.

If your ILR application has been refused, call our immigration solicitor on 0208 616 5535 to discuss the refusal reasons and your options to appeal or reapply.

ILR Appeal Timeline 2026

Once you receive the ILR refusal letter, you have 14calendar days to submit an appeal. Missing this deadline can mean losing your right to challenge the decision.

After your appeal is lodged, the case will be reviewed by the First-tier Tribunal (Immigration and Asylum Chamber). The overall appeal process can take several months, depending on the complexity of your case and tribunal workloads.

ILR Appeal Processing Time (2026)

ILR appeals typically take 6 to 12 months, depending on the complexity of the case and tribunal workload. Some cases may take longer.

First‑Tier Tribunal Fees for Challenging an ILR Refusal

For an ILR appeal to the First-tier Tribunal (FTT), the fee is £80 for a paper-based decision and £140 if you attend a hearing. Fees can be paid online, and reductions or exemptions may apply for those on benefits or low income.

Chances of Getting ILR After Refusal

The success rate following an ILR refusal varies, but it is generally around 50%, depending on the strength of the appeal and the quality of supporting evidence.

A well-prepared appeal that directly addresses the refusal reasons can significantly improve your chances of success.

If you want to maximise your chances of overturning an ILR refusal, contact Vanguard Solicitors on 0208 616 5535 for tailored legal advice.

How Vanguard Solicitors Can Help with an ILR Refusal

If your ILR application has been refused, our experienced immigration solicitors will:

• Review your refusal letter and explain the reasons clearly
• Advise on the strongest legal option available to you
• Prepare detailed grounds of appeal and witness statements (where required)
• Identify and organise the correct supporting documents
• Assist with reapplications to address Home Office concerns
• Guide you through appeal timelines, procedures, and legal costs
• Handle all legal work until a final decision is received

Immigration appeals can be legally complex, and professional representation can make a significant difference.

Contact ILR Solicitors to Challenge Your Refusal or Submit a Fresh Application

If your Indefinite Leave to Remain (ILR) application has been refused, you don’t have to face it alone. Our experienced immigration solicitors can guide you through the next steps, whether that means appealing the refusal or preparing a fresh application that addresses the reasons for rejection. With professional legal support, you can improve your chances of a successful outcome and take the right steps toward settling permanently in the UK.

If your ILR application has been refused, call our immigration solicitors in Harrow on 0208 616 5535 or send us an enquiry online to discuss your options.