Posted by Options to Go for If Your ILR Application is Denied – Indefinite Leave to Remain (ILR) is a type of settlement visa that allows people who have been living in the UK for a certain amount of time to stay here permanently. ILR is the last step before obtaining British citizenship, and it grants holders the right to work and study in the UK without any restrictions. Obtaining ILR status is a crucial step towards obtaining British citizenship, and many non-EEA nationals apply for it every year. However, not all ILR applications are successful, and some are denied for various reasons.
If your ILR application has been denied, you may feel disappointed, frustrated, and uncertain about your future in the UK. However, it is essential to understand that a refusal does not necessarily mean the end of your immigration journey. There are options available to you to challenge the decision or explore alternative routes.
In this article, we will discuss the requirements for ILR, travel restrictions during ILR application processing. We will also discuss the options available to those whose ILR application has been denied.
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ILR Requirements
To be eligible for ILR, you must meet specific requirements. These requirements vary depending on the type of visa you hold. Also depending on the length of time you have been living in the UK. To be eligible for ILR, you must meet certain requirements, including:
- Living in the UK for a specified period, usually five years, on a qualifying visa, such as a work visa, student visa, or family visa.
- Meeting the knowledge of language and life in the UK requirement, which involves passing an English language test and a test on British culture and values.
- Not breaching any immigration laws or engaging in criminal activity.
- Providing the necessary supporting documents, such as your passport, visa, biometric residence permit, and proof of income and accommodation.
If you fail to meet any of these requirements, your ILR application may be rejected.
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Common reasons for ILR application rejection include:
- Failing to meet the residency requirements, such as spending too much time outside the UK or not meeting the continuous residency requirement.
- Failing the English language and life in the UK test.
- Providing incomplete, inaccurate, or fraudulent information.
- Failing to provide the required supporting documents or evidence of income and accommodation.
- Having a criminal record or breaching immigration laws.
Can I Travel While My ILR is Being Processed?
If you have submitted your ILR application, you may wonder if you can travel outside the UK while your application is being processed. The answer is not straightforward and depends on several factors.
Firstly, if you are applying for ILR from within the UK, you are not allowed to travel outside the UK until you receive a decision on your application. If you leave the UK before receiving a decision, your application may be deemed withdrawn, and you may have to apply again. However, there are exceptions to this rule, such as:
- If you have a valid visa that allows you to leave and re-enter the UK, such as a multiple-entry visa.
- If you have applied for ILR on the basis of ten years’ continuous lawful residence, you may be able to apply for a Returning Resident visa that allows you to leave and re-enter the UK while your application is being processed.
- If you have compelling reasons for traveling outside the UK, such as a family emergency or a business trip, you may be able to apply for a Certificate of Travel that allows you to leave and re-enter the UK while your application is being processed.
It is important to note that traveling outside the UK during the ILR application process may delay the processing time and increase the risk of your application getting a rejection if you fail to meet the residency requirements.
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Options to Go for If Your ILR Application is Denied
If your ILR application has been denied, you may feel disheartened, but it is important to remember that you have options available to challenge the decision or explore alternative routes.
- Reapplying for ILR If your ILR application was rejected due to a technical error or a missing document, you may be able to reapply. However, you will need to submit a new application and pay the application fee again. You should ensure that you address the reason(s) for your previous application’s rejection. Also, provide any additional evidence that may support your new application.
- Appealing against the decision If you believe that your ILR application was wrongly rejected or that the decision was not in line with the immigration rules, you may be able to appeal the decision. There are two types of appeals available:
- Administrative Review: You can request an administrative review of the decision within 14 days of receiving the decision. An administrative review involves checking that the decision was made correctly according to the immigration rules. If the decision was incorrect, your application will be reconsidered.
- Appeal to the First-tier Tribunal: If your application was rejected on human rights grounds or you have no other right of appeal, you can appeal to the First-tier Tribunal within 14 days of receiving the decision. The tribunal will consider your case and make a decision based on the immigration rules and human rights law.
It is important to seek legal advice before appealing as the process can be complex. Also, the success rate of appeals is generally low.
3. Judicial Review: If you believe that the decision was unlawful or irrational. You may be able to challenge it through a Judicial Review. A Judicial Review is a legal process that examines the decision-making process and whether the decision was lawful and reasonable. It is a complex and costly process, and you should seek legal advice before pursuing this option.
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Other options available If you get ILR application rejection. You may be able to explore alternative routes to remain in the UK, such as:
- Applying for a different visa, such as a work visa, student visa, or family visa.
- Applying for British citizenship, if you meet the eligibility criteria.
- Seeking the assistance of a Member of Parliament (MP) or a professional immigration adviser.
Conclusion
Having your ILR application denied can be a challenging experience. Though it is important to remember that there are options available to challenge the decision or explore alternative routes. In this article, we discussed the ILR requirements, travel restrictions during ILR application processing, and the options available to those whose ILR application has been denied. If you are unsure about your options or need legal advice, it is essential to seek the assistance of a professional immigration adviser.