Home Office to offer extensions to applicants denied settlement

Traditionally, the UK Home Office has refused applications for indefinite leave to remain (ILR) where the applicant did not meet the specific requirements.

This often left applicants without a legal immigration status in the UK.

New guidance now states that caseworkers should vary an ILR application and essentially grant the applicant an extension provided they would meet all the requirements of such an application.

This guidance applies to the following visa categories:

• Appendix Settlement Family Life
• Appendix Private Life
• Appendix Innovator
• Appendix FM
• Appendix Hong Kong British National (Overseas)

Approving an extension rather than refusing ILR is better for the applicant as they do not need to prepare a new application with all the associated paperwork and cost. One thing that the applicant is required to do in these circumstances is pay the Immigration Health Surcharge, which is required for extension applications, but not for ILR applications.

While this provision will assist many applicants who would have otherwise more of an issue ensuring that they can legally remain in the UK, it is noteworthy that there is no right of appeal or administrative review when the ILR application is varied. However, the caseworker can consider new information provided by the applicant if the applicant feels that the decision to vary their application was incorrect and they instead do qualify for ILR.

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