Receiving a refusal for an application for Indefinite Leave to Remain (ILR) can often be devastating for applicants.
However, you must act quickly. From the point of receiving a refusal, you only have 14 days to submit an appeal if you are appealing from within the UK, and 28 days to appeal if you are appealing from outside the UK.
What are my options?
First and foremost, you must decide if you want to appeal the decision or not. The letter from the Home Office should tell you if you have the right to lodge an appeal.
If you are unsure, a solicitor will be able to check your appeal rights for you.
You can only formally appeal an ILR refusal to the First-tier Tribunal (Immigration and Asylum Chamber) if your application involves a human rights claim or protection claim that the Home Office refused.
If your refusal letter does not state that you have the right to appeal, you must check alternative options like an administrative review or submitting a new application.
Step one: Choose your path
The first step is to carefully consider the reasons for your ILR refusal. Your solicitor will review the decision and advise you on whether an appeal, administrative review or a fresh application is the most appropriate option.
It is important not to assume that making a new application is always the best route.
Depending on the reason for the refusal, you may have grounds to challenge the Home Office’s decision rather than starting the application process again.
You should also make sure that you understand any deadlines that apply to your case. Missing a deadline can make it much more difficult to challenge the refusal.
Step two: Submit the appeal
If you have a right of appeal and decide to challenge the decision, your appeal must be lodged within the relevant deadline.
Your solicitor can help you complete the appeal and make sure that the correct grounds are included.
They will also explain what happens after the appeal has been submitted and whether you need to take any further action at this stage.
It is important to deal with this as soon as possible rather than waiting until the deadline is close.
Step three: Prepare the evidence
Once your appeal has been lodged, you will need to prepare the evidence that supports your case.
This may include documents that were provided with your original ILR application, evidence addressing the reasons for refusal and any additional documents that support your position.
Your solicitor will review the evidence and identify what is needed to address the Home Office’s concerns.
They can also prepare a witness statement if this is appropriate for your case.
The evidence you provide should directly address the reasons given in the refusal letter.
Simply submitting the same documents again without explaining why the Home Office decision was wrong may not be enough.
Step four: Attend the hearing
If your appeal proceeds to a hearing, you may be required to give evidence before the Tribunal. Your solicitor will explain what to expect and will prepare you for the questions you may be asked.
The Tribunal will consider the evidence and arguments put forward by both sides before making its decision.
It is important to take the hearing seriously and make sure that you attend if you are required to do so. If you have any concerns about attending the hearing or providing evidence, speak to your solicitor beforehand so they can advise you.
How can we help?
If you have received an ILR refusal, you must seek legal advice as soon as possible so that you understand all your options and make you don’t miss any deadlines.
Here at Squares Law, we are dedicated to ensuring that all of our clients are aware of their options, and we can support you when you are making appeals against decisions.
We provide expert guidance to ensure that you can secure your future in the UK.
For support with Indefinite Leave to Remain appeals, get in touch with our team today!
