Get To Know About ILR Refusal Reasons

ILR (Indefinite Leave To Remain) is a form of settled status open to non-EEA citizens who have spent time in the UK on a valid UK visa. Only certain types of visas like Family Visas and Work Visas lead to ILR. If you fulfil all the requirements of ILR then you can stay in the UK for studies or for work freely without any timeline restrictions. In this article, we will learn about ILR refusal reasons and many aspects of it like what to do if the ILR gets rejected, Eligibility required for ILR and many more things.

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What Is ILR?

ILR (Indefinite Leave To Remain ) is how you settle in the UK. It is also known as “settlement”. It provides you with the right to live, study and work there for as long as you want, and apply for benefits if you are eligible. You can use it to apply for British Citizenship.

Know About ILR Refusal Reasons

Here are some ILR refusal reasons:-

• Incorrect Form Submission- There is a refusal of ILR because the applicant has filled in the wrong form For example instead of filling in set M, The applicant filled in set (O).
• Refusal Due To Incomplete 10-Year Lawful Stay- If the applicant is not in the UK for 10 years lawfully while applying on the 10-year continuous lawful residence rule this may lead to ILR refusal.
• Refusal based on Relationship Or Marital Status- Lying about marital status to get ILR then will put you in clear breach of UK immigration law.
• English Proficiency Test- There could be a refusal of ILR if the applicant failed to pass the English proficiency test.
• Non-Compliance With Tier 2 Immigration Rules-There may be a refusal of ILR because the applicant has not worked for 5 years according to the Tier 2/ skilled worker immigration rules.
• Fraud Misconduct Allegations- ILR could be rejected if the applicant is caught on that applicant has not given their English exam themselves or shown a false amount of tax paid.
• Character And Criminal Record- ILR can be refused because of the bad character of the applicant due to criminal records.
• Breach Of Relationship Or Care Duties- Refusals of ILR based on violation of appendix FM, as regards a relationship as a wife and husband, or based on being a carer for a British child or one, settled here and having lived in the UK for the last seven years, are matters that will lift up civil liberty constitutional rights on appeal.

Read about UK Visa Requirements

What To Do If Indefinite Leave To Remain Application Is Refused?

After knowing about ILR refusal reasons here are some tips to avoid ILR application refusal-

• Administrative Review- If it seems to you that your Indefinite Leave To Remain is refused due to any mistake then you can submit it for administrative review within fourteen days if you are in the UK and if you are living outside the UK then the time will be 28 days.
• Judicial Review- If you disagree or are not satisfied with the decision of the Home Office and you also think that it is legally wrong, then you can request a judicial review.
• Re-apply  ILR Application- If you are willing to resubmit your application form after the rejection of your application from the Home Office then you can resubmit the application but make sure that your immigration must review whether you have filled it correctly or not.
• Appeal The Decision- In some circumstances, you might be given the right to appeal the ILR refusal. Note that you can only do that if a refusal letter indicates you have the right to appeal the decision.

Eligibility Criteria To Get ILR

• To get your ILR you must meet the following criteria given below-
• Applicant must have resided in the UK for at least five years,
• Applicant’s English proficiency proof will be required.
• Applicants must pass the “Life In The UK” test.
• Applicants must meet the “Continuous Residency “requirement.
• If applicable, meeting the minimum income requirement will be needed.

Documents Required For the ILR visa 

• Any passport or travel documents that you are having during your stay in the UK.
• Two identical coloured passport-sized photographs will be required with the name written at the back of the photo.
• All birth or adoption certificates will be required if any dependent is included in your application.
• If you have been required to register with the police a police registration certificate will be required.
• Evidence of your income will be required in the form of a wage slip or bank statement.

How To Apply For Indefinite Leave To Remain

• Complete and submit the appropriate online Indefinite Leave To Remain application form correctly.
• Pay the fee for the Indefinite Leave To Remain application.
• Pay the (BRP) Biometric Residence Permit fee.
• Book an appointment with your nearest UK visa and citizenship Application services point to provide your biometric information.
• Submit all your documents as required by UK visas and Immigration. Your documents can be submitted online or due to your appointment with UKVACS.
• In the end, you may get a call for an interview if UKVI requires more information.

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FAQs

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