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Appealing a Refusal of Indefinite Leave to Remain in UK

By: Louise Smith, barrister - Updated: 29 Jan 2018 | 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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Hi mam, my 10 years long residency application refused with the reason of the gap of 3 months, where my previous college agent did not inform me of my returned invalid application. then he made application after 3 months. I do qualify for 5 years stay as a tier 2 work permit holder but my sponsor has been revoked. Please advise me what can I do, I lived here almost 13 years and have 2 sons of above 18 years age, living with grandchildren. I would really appreciate your help. Thank you
Hemu - 29-Jan-18 @ 7:08 PM
Hello madam , I have been granted descretionary leave to remain twice , making it six years via article 8 , right to family life. I and my partner seperated few months ago but I. Have custody ofour three kids and I also have the kids British passport with me the seperationm was due to domestic violence and the Police is aware of the case. My question is ... can the home office refuse my indefinite on the grounds that I did not include spouse documents ?
Jojo - 29-Jan-18 @ 1:03 AM
hi my indefinite was refused and has right to appeal i did appeal and on the latter its saying i have to send documents as soon as possible before hearing but my solicitor is saying we can't send documents less then 10 days im confused that maybe she is just saying so i can't go to another solicitor? ?? i need help
nisa - 13-Jan-18 @ 9:32 PM
Hello, My name is Khan, i want to make an enquiry about grace period . I had send application in grace period of time ( 11 days ) instead of 14 because of English test which i passed,can they accept this for FLR m application. Can you please reply. Many thanks
Khan - 28-Dec-17 @ 6:40 PM
Hello, please advise how the HO get the days in/ out? Do they collect this from all airlines companies?
Sam - 10-Dec-17 @ 8:23 PM
@Bing your IELTS will only still be valid if you have used it in a previous application to the Home Office. Otherwise it is only valid for 2 years.
TJ. - 5-Dec-17 @ 2:06 PM
Hi, I’m just wondering if I can still use my old IELTS certificate taken last 2010 for my ILR application this December. Thanks
Bing - 4-Dec-17 @ 9:45 PM
@TJ The both of us have been working. I lost my job a few months ago. We have obviously lived at the same address but what if we don't have enough paperwork to prove it? I think i only got bills from the last 3 years.
Koko - 29-Nov-17 @ 11:36 PM
@Koko if your husband has held the EEA family permit and residence card for the full 5 year period his application for PR should be a lot smoother. As long as the bills to both of you show the same address this should also not be a problem. What will matter is if you have been a qualified EEA citizen during your time in the UK i.e. have you been working, studying or self employed during the 5 years?
TJ. - 29-Nov-17 @ 3:24 PM
Hi. I am an eea passportholder. My husband came to the uk in 2012 on spouse visa. 5 years are over next year and we are meant to apply for ILR. But we already know we dont have enough proof to send off as evidence. As once when Iwas cleaning i threw out a lot of bills and other paperwork. I didnt know back then i needed so much evidence. We also have a 1 year old son now. Someone please tell me what evidence we need and what will happen if it gets refused.. will my husband have to go back to pakistan. Or can we extend visa. We are in a lot of worry because of this. We have 1 bank account which is on his name. Bow some bills are on his name some on my name. We dont have anything joint on our names. How long of evidence do we need. Someone please help
Koko - 29-Nov-17 @ 12:28 PM
Hello My husband has just been refused a appeal for indefinite leave to remain in the uk. We got married in 2014 im uk citrezen and hrenbis from pakistan applied got refused applied again in 2015 second time was refused Now appealed and got refused Can I ask someone mentioned once you have been refused your appeal you cannot reapply for 2 full years is this true And please advise best what options are available to me Thanks
None - 28-Oct-17 @ 10:44 PM
Hi all, I wonder if someone can help answering a question I have. I’m about to start my application for ILR based on the 10 years route (long residence). I came on a student visa and I completed my 10 years a couple of weeks ago. However, during the course of the 10 years, one of my applications to extend my visa was refused because I didn’t have my CAS ready by the time my visa was due for renewal. As I was advised, straight after the rejection and within 18 days of the visa expiry I left abroad and applied again and was granted a leave to enter again, then I came back within 2 months (less then 180 days). Does the refusal of one visa application prior to the grand of another mean I broke the 10 years lawful continuous stay? Thanks
Ant - 23-Oct-17 @ 2:33 PM
Hi. I joined my British husband 2.5years ago and my dependant daughter joined us last year when she was 17yrs.We have applied for leave to remain for the 2years on the 5year route but have been refused as I submitted A1 English instead of the new A2 English test.They have told us that we qualify on all other grounds but failed on English level 2.We have tried booking for the test but they need the passports to register me to sit an exam.My daughter has turned 18years while in the UK.They have asked us to appeal or leave the country with my daughter and my British husband.We both work and contribute to the government purse.My husband has worked since he was 16yrs old and is law abiding citizen.The home off returned some of the forms we haunt filled before the decision and never mentioned the English test.That leaves us wondering what the application fee is supposed to be covering.Can someone kindly tell us what the way forward?We have put lodged an appeal already and waiting for an oral hearing date.Do we need a solicitor or is it a straight forward case?I would very much appreciate of any kind of advice.THANKYOU.
Jakaa - 20-Oct-17 @ 5:53 PM
Mickg - Your Question:
My thai wife today, has been advised her application for 2nd half of 5 year ilr has been refused on grounds 1/ my income is below the required norm and my savings also similar. 2 she has a job offer in writing, the home office accept it. Which pays £35000 pa. she must get a visa to qualify for the appointment. She was refused on these grounds , the home office believe we intend living separate lives, as currentl my / our address is in Scotland and her place of work will be somewhere in Hampshire. We intend renting accommodation near her place of work, when we know where it is and as long as she gets a visa. We cannot afford to rent a property and not live in it, as currentl our home is in Scotland. We have the right to appeal the refusal. We cannot show or prove that we intend renting, until we have a work address. And we also cannot prove we intend living together, when she goes to work in Hampshire. So our appeal against refusal is, we intend renting a property in Hampshire when my wife gets her visa, so she qualifies to work for the company. And that we intend living together when thats done. What are our chances of success. And is there anything else we can do ?

Our Response:
I'm afraid this is beyond our remit to advise. We can only offer general guidance, this is quite specific and therefore independent immigration advice would be needed, please see link here.
AboutImmigration - 17-Oct-17 @ 2:31 PM
hi i am applied my ilr 2013 but refuse reason littil less weg and they give me chance to appeal but i cant appeal becuose my wife very sick and i amback to india so i dont understand what i do now please som one help me thanks
sharif - 15-Oct-17 @ 11:15 AM
My thai wife today, has been advised her application for 2nd half of 5 year ilr has been refused on grounds 1/ my income is below the required norm and my savings also similar. 2 she has a job offer in writing, the home office accept it. Which pays £35000 pa. she must get a visa to qualify for the appointment. She was refused on these grounds , the home office believe we intend living separate lives, as currentl my / our address is in Scotland and her place of work will be somewhere in Hampshire. We intend renting accommodation near her place of work, when we know where it is and as long as she gets a visa. We cannot afford to rent a property and not live in it, as currentl our home is in Scotland. We have the right to appeal the refusal. We cannot show or prove that we intend renting, until we have a work address. And we also cannot prove we intend living together, when she goes to work in Hampshire. So our appeal against refusal is, we intend renting a property in Hampshire when my wife gets her visa, so she qualifies to work for the company. And that we intend living together when thats done. What are our chances of success. And is there anything else we can do ?
Mickg - 13-Oct-17 @ 5:44 PM
Hi.. I applied my ilr and it was refused and i appealed that desicion and i won the appeal on 8th of July..I still haven't received my passport n biometric.. Can you please tell me how long does it take to arrive
Asi - 25-Sep-17 @ 4:32 PM
I applied for my husbands indefinite leave to remain but he's been refused because we didn't send enough bills with our join names on them we have 2 kids together and another on the way I've been really stressed out because we have spent almost £3,000 on the whole process I just think it's so stupid how they rejected it on such a petty thing we now have to get a court date would anyone be able to tell me what would happen and what it's going to be like in the tribunal court
Mia - 25-Sep-17 @ 3:47 PM
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
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