ILR (Indefinite Leave to Remain) or settlement in the UK is a big step in your life. Not everyone is able to get this status easily. You need to meet various requirements, and the most important being having continuous residence in the UK for a specific number of years. There are several advantages to those holding an ILR status. For example, you can live, work, and study in the UK without any time or immigration restrictions, you can access public funds, and you can access the NHS.
Therefore, it is important that you make your ILR applications quite carefully, leaving no chance for a possible refusal. However, the truth is that many ILR applications are refused every year due to various reasons.
ILR refusals mean that the Home Office has rejected your application for settlement in the UK. It may do so due to various reasons. For example, you failed to meet the suitability, validity, or one or more of the eligibility requirements, you applied the wrong application form, and you failed to provide correct documents in the correct formats, etc.
This is why you are advised to take an expert’s help to apply for ILR. They have the knowledge and experience of UK immigration law and Home Office guidance. They have handled many applications before. They can certainly ensure your ILR application is approved.
You can contact us for a successful ILR application at +44 (0)20 3411 1261.
Common reasons for ILR refusals often include incomplete application, not providing the required documents, not being able to prove your financial capability, having a criminal record, and failing to prove your knowledge of the English language.
One simple and common reason due to which applicants get their ILR visa rejected is that they do not complete the form properly. An incomplete application means that you entered incorrect information or left mandatory fields empty. Whatever the case, you can receive a rejection of your ILR application.
To avoid this, after you have completed the ILR application, you should go over your application form and check that you have entered everything correctly and that you have left no fields empty.
Another one of the simpler reasons for UK ILR refusal is that you failed to provide all of the required documents. For example, your passport, proof of continuous residence in the UK, proof of your knowledge of English, etc. These are quite important documents that you need to include alongside your application form. Submitting expired documents, such as your passport, may also give the Home Office reason to refuse your ILR application.
To avoid this, it is important to ensure that you have submitted all of the required documents. You should not submit expired documents, as no documents that have expired will be accepted. You can prepare the documents list and gather them in advance before you apply for Indefinite Leave to Remain UK.
You will not be able to meet the continuous residence requirement for ILR if you stay outside the UK for more than 180 days in any 12 months within the qualifying period. Suppose you remain outside the UK for more than the threshold period. In that case, you will need to ‘reset the clock’ towards your continuous residence period, starting your qualifying period from the day your last excessive absence ended.
To avoid this, the simple thing you can do is to return to the UK before your stay outside the UK exceeds 180 days in any 12 months within the qualifying period. However, if you have serious and compelling reasons, such as a serious illness to you or a close relative, for excessive absence, you must submit the evidence of it to prevent your continuous residence from being broken. You should seek legal advice regarding your absences from the UK, as the requirements are very complex, stringent, and subject to change.
The Home Office must refuse your application for ILR if:
If you have been convicted for custodial sentence for more than 12 months, then you will receive Please note that, other than the above, not all criminal convictions necessarily result in ILR refusals.
Therefore, to avoid the ILR refusal, you must declare all criminal convictions, including cautions and previous arrests, on your ILR application. This is regardless of the time and place where the offence took place. Failing to disclose them may result in ILR refusal.
You should seek legal advice if you have anything to disclose to understand its implications, as some convictions fall under suitability and the others under general grounds for refusal.
The Home Office may refuse your ILR due to tax issues. For example, discrepancies between the incomes declared in your ILR application and HMRC records, late tax filings, or unpaid liabilities. The Home Office may view it as your dishonesty, affecting your ILR application.
To avoid ILR refusal due to tax issues, you must check and ensure your tax records are accurate and up to date before you apply.
Having debt is not in itself an automatic reason for ILR refusal. However, if you fail to disclose that you have a CCJ (County Court Judgment) which is still on the Register of Judgments, Orders, and Fines, your ILR application may be refused.
The Home Office will check the status of your repayments of your debts and look for evidence that you have kept up the debt repayment plans you agreed to with the creditor, and there are no concerns about the debt rising further or failure to pay, as this may potentially constitute conduct and character grounds for refusal.
To avoid this, it is important to disclose if you have a CCJ that is currently on the register. You should make an arrangement regarding any outstanding debt related to CCJ and submit proof of the agreement with the creditor with your application. This will help you to avoid the possibility of an ILR refusal.
ILR applications may be refused for a variety of reasons. You should take legal advice before applying for ILR, as this is not just an important immigration status but also an important decision in your life. You should give no reason that could be avoided to the Home Office for refusing your application. Some reasons, such as incomplete application forms or choosing the wrong application form, can be avoided easily, but some reasons are complex and stringent, such as criminal convictions, debt, and tax issues. This is where you would need the expert’s services to ensure that you address these issues appropriately.
If you are looking to apply for ILR and want to save yourself from a possible refusal, you can buy our services for a successful ILR application. You can contact us at +44 (0)20 3411 1261 with your case details to get a tailored solution from our caseworker.
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