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Appealing a Refusal of Indefinite Leave to Remain in UK

By: Louise Smith, barrister - Updated: 21 Sep 2017 | comments*Discuss
 
Appealing A Refusal Of Indefinite Leave To Remain In Uk

If an application for indefinite leave to remain in the UK is refused by the UK Border Agency a written notice will be sent to the unsuccessful applicant. This written notice will:

  • Explain the UK Border Agency’s decision; and,
  • Inform the applicant whether or not they have the right to appeal.
If the applicant does have a right of appeal, the written notice will give information about the appeal process that the unsuccessful applicant may follow. If there is a right of appeal the applicant will also be sent the form which they should use if they decide to appeal the decision.

Not all unsuccessful immigration applicants will have the automatic right to appeal the decision.

The Asylum and Immigration Tribunal

Appeals against decisions by the UK Border Agency on immigration applications are made to the Asylum and Immigration Tribunal. The Tribunal also hears appeals against decisions made by overseas consular staff on visa applications made abroad. The Asylum and Immigration Tribunal is appointed by the Lord Chancellor and is independent of any government bodies. Appeals may be heard by one or more judges, who may sometimes hear an appeal together with non-legally qualified members of the Tribunal.

The Asylum and Immigration Tribunal conducts hearings at a number of centres throughout the UK. Appellants may be legally represented and the UK Border Agency will be represented by a lawyer. In some cases, after an appeal, either side may be entitled to request a reconsideration of the Tribunal’s decision.

If an unsuccessful applicant decides to get legal advice about whether to appeal a decision by the UK Border Agency they should ensure that the lawyer they consult is regulated by the Office of the Immigration Services Commissioner (OISC). The OISC website has a list of all regulated lawyers, who will be able to provide appropriate advice about the appeals process. All lawyers regulated by the OISC will display their logo.

Appealing a Decision by the UK Border Agency

All appeals must be made within the time limits set out for appeals. If an appeal is sent to the Asylum and Immigration Tribunal after the time limit has expired the Tribunal may refuse to consider it.

Appellants may appeal on any of the grounds available to them. If applicable, applicants may always appeal on the basis of racial discrimination or a breach of their human rights. Other grounds for appeal may be that the UK Border Agency made a decision that contravenes the immigration rules or the law. If a decision involved the discretion of an immigration official an appeal may be brought on the grounds that they exercised that discretion incorrectly.

An unsuccessful applicant with a claim to refugee status may have the right to appeal if the UK Border Agency decides to deport them.

Applications Where There May be No Right of Appeal

Unsuccessful applicants will have no right of appeal if:
  • Despite the UK Border Agency’s decision they still have the right to remain in the UK; or,
  • The application for indefinite leave to remain was made after the applicant’s permission to be in the UK had already expired.

Applications with Limited Rights of Appeal

Some unsuccessful applications will only have limited rights of appeal. There are a number of reasons why an applicant might not have full rights of appeal. Applicants may have limited rights of appeal if, for example:
  • They did not satisfy any of the criteria for an application for indefinite leave to remain; or,
  • They do not possess all of the necessary immigration documents to support their application.

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[Add a Comment]
Versy - Your Question:
My husband is a Dutch national currently serving an 8 month prison sentence for viewing indecent images. We have been married 36 years and he has lived worked paid all his taxes etc. He was given leave to remain here indefinitely by the home office 35 years ago. He's now been told he faces deportation! Help or advise please. Don't know where to start. After all we have been through I feel I'm about to lose my husband

Our Response:
There is little we can advise to help here once it is in the hands of the Home Office, except to say you would have to seek professional immigration advice, please see link here.
AboutImmigration - 22-Sep-17 @ 12:35 PM
My wife is a Thai national and we first came to the uk in 2007 as a married couple I was born in uk and we applied for various spouse visas over the years thinking we could apply after 5 years although it was something like 8 years when we tried to apply for indefinite leave to remain and we used a government helper paid for as its not free and he helped us fill out the details and even he said we could apply but the uk border agency denied my wife after passing both like in uk and English tests required first time I may add and they said we could have a spouse visa instead but we had to pay another £500 towards health service which we paid in the application at start I would like to know have I got a case to appeal as they sent letter saying we didn't as we need to decide next year what to do please help as I think as a uk national I have been victimised and feel as if I have no voice against these faceless people
Kalvin - 21-Sep-17 @ 10:34 PM
My husband is a Dutch national currently serving an 8 month prison sentence for viewing indecent images. We have been married 36 years and he has lived worked paid all his taxes etc. He was given leave to remain here indefinitely by the home office 35 years ago. He's now been told he faces deportation! Help or advise please. Don't know where to start. After all we have been through I feel I'm about to lose my husband
Versy - 19-Sep-17 @ 8:05 AM
Babs - Your Question:
Hi all, I just applied for my ilr, which was refused based on the fact that I was out of the country for more than 180 days, my family has been here but I go and come in based on business, I pay my tax in the uk but I was still not considered. Please what do I do, thanks

Our Response:
Unfortunately, there is no discretion applied to any absence exceeding 180 days in any of the consecutive 12 month periods of the continuous period. For instance, if you are absent for 181 days you have broken the continuous residence requirement. The reason for this strict limit is that applicants are expected to show their continuous residence in the UK and their intention to continue this residence, regardless of whether their family remain. Any significant absences need to be adequetely explained and justified.
AboutImmigration - 4-Sep-17 @ 12:33 PM
Hi all, I just applied for my ilr, which was refused based on the fact that I was out of the country for more than 180 days, my family has been here but I go and come in based on business, I pay my tax in the uk but I was still not considered. Please what do I do, thanks
Babs - 3-Sep-17 @ 8:03 AM
I applied for ILRvia 10 year long residence route but I received a letter from the home office stating I do not qualify for ILR because I did not provide the English language test, however they have asked to give me a two year visa extention instead so i should pay £400 nhs surcharge within 10 working days failure of which my application will be formally refused with no refund. Please what must I do? Can I do the test and put in a reconsideration request at this stage?
Sammy - 31-Aug-17 @ 2:14 AM
I received nhs surcharge refund from ukba but havenot received any decesion.What does that mean?
Sanu - 28-Aug-17 @ 4:14 PM
Hi. my mom applied for my sister and I to stay in the uk but unfortunately we were refused by ho we were given a chance to appeal and we've submitted the necessary documents DNA is underway. how long do you think it will take for the whole process and final decision cause I'm 14 and my sister is 18 does age affect the process
Nala - 18-Aug-17 @ 3:23 PM
Ive Applied for the second time for my Uk Visa on the 10 year Route, gone through all the processes. Biometric etc etc. Its been 8 months and still no reply, any advice on what I could do next ?
Carl - 3-Aug-17 @ 12:05 PM
Hi last week I received my wife refusal of indefinite leave I have indefinite leave since 2005 and home office reason to refuse my wife leave because I didn't provide enough evidence of mine that I am living here since 2005 what I should to do now I should appeal how long it take time and which proved I need to send thnx
Raja - 29-Jul-17 @ 12:17 PM
Hi, i applied for spouse visa end of last year and was refused because i submitted financial documents late, but on refusal again they state that my wife can go back with me to my country, but she is still in fulltime education, and she is 8 months pregnant, do you have any advice? our appeal is next month.
SP - 26-Jul-17 @ 12:50 AM
I have a query regarding the application of ILR via the 10 years route. I will complete 10 years on 15th September 2017.My current visa expires in may 2018. My question is can I submit my application 28 days before 15th September 2017? I am planning to have it done around 23rd August. If I can make the application around 23rd August, I will schedule an appointment with you to sort my paperwork, otherwise I will wait.
Ann - 13-Jul-17 @ 1:17 PM
Hey, I was refused a permanent residence card, my step dad is a Spanish residing in the uk with permanent residence.I had a eu residence card until 2019, the HO has kept my passport and told me to leave the country.I appealed in March and waiting for a hearing date.Wondering how long it actually takes to receive my hearing date ? Anyone knows ? Would be helpful.
Jc - 6-Jul-17 @ 6:35 AM
Gkk - Your Question:
Lived here for 10 years from South African and on ancestry visa. Just been refused ILR as I didn't have an English test! I'm English and studied English all through school and even completed and passed my Life in U.K. Test all in English. It's a money making scam. I lost £2887 which I had saved over 2 years. I have a British partner for 6 years but never wanted to just marry for the passport as it's not right. I feel like I'm treated like a criminal. My English grandmother from Cornwall would turn in her grave if she could see the way I'm treated. I should have been more careful. I just assumed my ex-country was predominantly English speaking as that's all I knew from it. Sometimes leniency should be applied. Don't turn good people into criminals. Just for the sake of targets and money. Signed : Distraught

Our Response:
I am sorry to hear you have been refused ILR. However, it is compulsary for all to take the test as part of your application for British citizenship or settlement in the UK.
AboutImmigration - 25-May-17 @ 12:41 PM
Lived here for 10 years from South African and on ancestry visa. Just been refused ILR as I didn't have an English test! I'm English and studied English all through school and even completed and passed my Life in U.K. Test all in English. It's a money making scam. I lost £2887 which I had saved over 2 years. I have a British partner for 6 years but never wanted to just marry for the passport as it's not right. I feel like I'm treated like a criminal. My English grandmother from Cornwall would turn in her grave if she could see the way I'm treated. I should have been more careful. I just assumed my ex-country was predominantly English speaking as that's all I knew from it. Sometimes leniency should be applied. Don't turn good people into criminals. Just for the sake of targets and money. Signed : Distraught
Gkk - 25-May-17 @ 10:53 AM
I got appeal hearing date after 12 months and date is 5 months. altogether waiting time is 17 months......
saj - 25-May-17 @ 6:29 AM
hi, Does any one know current waiting times for immigration appeal to be listed. I am waiting for 12 months and no reply yet.
sajd - 16-Apr-17 @ 9:14 PM
Hi, I was born in the Uk. Left the Uk when I was 5 Came back to the UK when I was 10 on a long stay Started a student visa in 2006 I have been living in the UK legally since then There was one incidence when we applied to renew my student visa via lawyers who scammed us, took our money and never lodged our application until 7 months after we had applied - after asking for more and more money. we did not find out until june when the home office sent us back my documents we re did the application and sent again and was given a visa the following year On paper - this shows as a one year break in my continuous leave So I was refused ILR when I applied in November 2016 I appealed a week later and waiting for the hearing/decision My current student visa expires in Nov 2017 Can I still stay in the UK after it expires if I am still waiting for decision? And do you think I stand a good chance? Never broken any laws, my sisters and brothers are all UK citezens, it was just unfortunate that we were scammed by immigration lawyers.
Lucy - 14-Apr-17 @ 1:31 PM
My hearing was 13 March up to now I don't have decision what ka I do
Daada - 12-Apr-17 @ 3:43 PM
I applied asylum in Aug2008 and refused in 2010 applied in 2014 and refused again I am trapped what shallI do?
Ash - 6-Apr-17 @ 2:45 AM
Need advice my poor partner has been living in uk for 10 years now iv been with him 5 years got a little boy together he has been giving 2 years 6 month first time now 2 years 6 months again when can he apply for indefinitely
Kath - 1-Apr-17 @ 10:31 AM
Hi everyone, been waiting on my decision from HO for 2 years they respond and give me 6 months Descrtionary leave. I am confused and I don't know what step to take. They said they believed everything in my case but they gave me such a period of time. Anyone with positive advise on what should be the next step?
Vio - 29-Mar-17 @ 5:00 PM
Yes my appeal date is coming last week .my Hearing in july 2017
Mr U - 28-Mar-17 @ 2:56 AM
We have sent all those documents they required even a sick certificate of my husband I don't understand why we were treated in the manner which they did we appeal in may 2016 since then we never heard anything my husband is so depressed he talked about that every day a loyal citizen was treated like a big time criminal he never done any crime the only crime he committed is falling in love he talked about that consiency every day none stop my husband is very very depressed about the situation I'm just trying to stay strong at the moment
Nandy - 11-Mar-17 @ 2:15 PM
Hi been in the UK since 2001 married 2002 got remain to leave 2014 applied 2016 but refused stay my husband is a UK citizen been here for 51 years the reason for not giving me my stay was stated that both me and my husband could go back where we come from he work all his life payed tax for 40 add years that was very disrespectful therefore we have the right to appeal that's in fair.
Nandy - 11-Mar-17 @ 1:38 PM
hi, Did anyone got appeal hearing date who submitted appeal in 2016. thank you
saj - 4-Mar-17 @ 12:24 AM
hey!! i have applied for a tier 4 visa within the Uk and unfortunately my visa has been declined. the reason of decline is that i did not provide a proof of showing a maintenance fund for consecutive 28 days, however they have given me a right of for an administrative review but i was wondering that just in case if an original decision is upheld how much time would have to leave the UK. i have read somewhere that i have to leave immediately but there is no specific time given. thanks
jinny - 1-Mar-17 @ 8:08 PM
ro - Your Question:
After 4 years I am looking for an answer.can you advise me what should I do I had been working more than 7 years in UK on tier 2 visa (Aug 2006- June 2011 and 2012-2014)I applied for residency but unfortunately because of a misfortune and unwanted mistake UKBA refused my application in June 2013.I asked my case to be reviewed and I don’t know what the result was. To decide or termanite of my case. I need your view, kindly please advise me: is this case have any chance to be reviewed or win,

Our Response:
I'm afraid we cannot advise on this as we are here only to offer general guidance. You would have to seek professional immigration advice if you want to explore your best options.
AboutImmigration - 1-Mar-17 @ 2:03 PM
After 4 years I am looking for an answer .can you advise me what should I do I had been working more than 7 years in UK on tier 2 visa (Aug 2006- June 2011 and 2012-2014) I applied for residency but unfortunately because of a misfortune and unwanted mistakeUKBArefused my application in June 2013. I asked my case to be reviewed and I don’t know what the result was. To decide or termanite of my case. I need your view, kindly please advise me:is this case have any chance to be reviewed or win,
ro - 1-Mar-17 @ 7:53 AM
Hi if any one has any idea what will be the possibility of outcome? I have applied visa application under the ground of 7years or more leaving in UK ( private life ) my children been staying in UK since 7 years. they have refused my visa and given us right of Appeal recently. is anybody thinking is it worth to appeal .
tab - 26-Feb-17 @ 6:18 PM
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