Applying for Indefinite Leave to Remain (ILR) in the UK can be a stressful process, and a refusal, especially due to excessive absences, can be particularly disheartening. However, in some instances, a refusal is not the end of the road; several options are available to address the situation.
You must carefully review the refusal letter to understand the grounds for rejection. Excessive absences, defined as being out of the UK for more than 180 days in any 12-month period during the qualifying time, can lead to a reset of your residency clock. If your absences were due to compelling reasons, legal advice can help determine if an exception applies.
If the refusal was based on a factual error, such as a miscalculation of absences, you could request an Administrative Review. This process involves reassessment by the Home Office and must be filed within 28 days of the decision. It is a straightforward and cost-effective option, costing £80, but timing is critical.
Alternatively, you may opt to reapply for ILR. However, this option is applicable if the issues highlighted in the refusal letter can be easily corrected, such as a typo, an error on the application form or a missing document.
If these avenues fail or if the decision seems legally questionable, you might consider pursuing a Judicial Review. This is a more complex and potentially costly option that challenges the legality of the Home Office’s decision-making process. A Judicial Review is not about re-evaluating the facts of your case, but assessing whether the law was correctly applied. It requires approval from the court to proceed and typically involves thorough legal representation. If successful, the court may overturn the refusal or remand the case for reconsideration. Given the intricacies and potential costs involved, seeking advice from an experienced immigration lawyer is crucial.
How Gherson can assist
Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on X, Facebook, Instagram, or LinkedIn to stay-up-to-date.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
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