If your Indefinite Leave to Remain (ILR) application has been refused, it can feel overwhelming. However, understanding your appeal rights and the process can give you a chance to reverse the decision. There are many reasons why an ILR application can be refused, including issues like tax errors, absences, or even mistakes with English language tests. If you’ve faced an ILR refusal, it’s important to understand the appeal process and timeframes so you can act quickly.
Reasons for ILR Refusals
Your ILR application could be refused for various reasons, such as:
- Incorrect or incomplete application forms and documents.
- Issues with your tax returns or income, leading to refusal under Section 322(5) of the Immigration Rules.
- Allegations of fraud, like those involving Educational Test Services (ETS) or TOEIC tests.
- Failure to meet continuous residency requirements.
- Missing required documents like the English language test or the Life in the UK Test.
- Failure to meet the minimum salary requirements if you’re on a Tier 2 (General) Visa.
- Not meeting the required length of time spent in the UK before applying.
If your ILR application has been refused, you may have the right to appeal. Consulting an experienced immigration lawyer, like those at Law and Visas, is essential. They can help you understand if you have grounds for an appeal and guide you through the process.
How Can I Appeal an ILR Refusal?
Not all ILR refusals allow for an appeal. The right to appeal depends on several factors, including when the application was made and whether human rights grounds are included in your application.
If your application was refused based on human rights grounds, you may have a right of appeal. Article 8 of the European Convention on Human Rights (right to private and family life) is often the basis for appeals.
An experienced immigration lawyer can advise you on your best options and help you decide whether an appeal or another course of action is in your best interest.
What is the ILR Appeal Process?
When your ILR application is refused, the refusal letter will explain the reasons for the decision. Your immigration lawyer will carefully review these reasons and suggest the next steps.
Timeframe for an ILR Appeal:
- If you’re in the UK: You must submit your appeal within 14 days of receiving the refusal notice.
- If you’re outside the UK: You must submit your appeal within 28 days.
Your appeal must be submitted using the correct form, and a fee may be required. Payments can usually be made with a debit or credit card. There are some cases where you may be exempt from paying the fee, and your lawyer can advise you if this applies to you.
What Must Be Included in an Appeal?
The notice of appeal must include:
- The grounds for appeal (why you believe the decision was wrong).
- Your signature and date.
- Information about whether you need an interpreter and which language.
- Confirmation of whether you will attend the hearing.
- Whether you will be represented by an immigration lawyer.
You also need to provide:
- A copy of the refusal letter.
- Any additional documents not previously submitted.
- A request for a certificate of fee satisfaction (if applicable).
How Complex is the Appeal Process?
The ILR appeal process can be complex, with strict rules and timelines. It’s easy to make mistakes, especially if English isn’t your first language. An immigration lawyer will help you understand the appeal process and ensure all documents are filed correctly.
How Long Does an ILR Appeal Take?
The time it takes for an appeal to be decided can vary depending on the complexity of your case. However, statistics show that many immigration decisions are overturned on appeal. In some cases, UKVI may reverse their decision as soon as they receive notice of an appeal.
If your ILR application was refused, it’s important to contact an immigration lawyer as soon as possible. We can help you navigate the appeal process and increase your chances of having the refusal overturned and your ILR granted.
An ILR refusal can be stressful, but it’s not the end. You may have the right to appeal, and an experienced lawyer from Law and Visas can help guide you through the process. Don’t miss any important deadlines—contact us today to get expert advice and support with your ILR appeal.
Law and Visas has a strong record of helping clients secure the visas/permits they need to travel to the UK. Call us today at +234 812 5505 986 to learn how we can assist you.
