If your ILR application has been refused, identify the reason from the refusal letter before doing anything else. The reason determines whether you should request administrative review, appeal, or prepare a fresh application. Administrative review must be requested within 14 days of the refusal decision (28 days if you are outside the UK) — do not delay. For a full guide to the appeals process, see our ILR appeals and reapplication guide. For the full ILR process, see our ILR service page.
Why ILR Applications Get Refused
- Excess absences — more than 180 days outside the UK in a rolling 12-month window. See our 180-day rule guide for the calculation method
- Incomplete or inconsistent documents — gaps in payslips, bank statements, or residence evidence
- Salary below threshold — for Skilled Worker applicants where income evidence does not clearly demonstrate the required level throughout the qualifying period
- Relationship not genuine or subsisting — for spouse and partner applicants
- Character concerns — undisclosed convictions, cautions, civil penalties, or deception in a previous application
- Application made too early — the qualifying period was not complete at the date of the application
- Sponsor licence revoked or surrendered — for Skilled Worker applicants whose sponsor's licence lapsed before settlement was granted
Refusal Due to Absences
Absence-related refusals are the most common category. The Home Office calculates absences using rolling 12-month windows — not calendar years. Applicants who calculated correctly using calendar years often find they have breached the limit on a rolling window they did not check. If your refusal is based on absences, first verify whether the Home Office calculation is correct — caseworkers do make errors. If the calculation is wrong, administrative review is the right route. If it is correct, the question is whether exceptional circumstances might support a discretion argument, or whether the qualifying period needs to restart.
Refusal Due to Documents
Missing documents
If the caseworker refused because specific documents were not provided, the question is whether those documents exist and whether they can be obtained now. If the refusal is based on an incorrect claim that documents were not provided when they were, administrative review is appropriate. See our ILR documents checklist for guidance on sourcing replacement documents.
Inconsistent documents
Where documents were provided but created inconsistencies — for example, payslips showing a salary below the threshold — a fresh application with a full explanation and additional supporting evidence may be more appropriate than review.
Refusal Due to Character or Criminality
Character-related refusals are the most difficult to address. Grounds that can trigger a character refusal include criminal convictions (including those spent under the Rehabilitation of Offenders Act, which does not apply to immigration applications), cautions, unpaid civil penalties, and previous deception in any immigration application. If your refusal is on character grounds, the options depend on the nature and age of the issue. Some character refusals can be challenged on the facts; others require time to pass before a fresh application is viable.
Next Steps After Refusal
Read the refusal letter carefully. It will state the specific ground or grounds for refusal and whether you have a right of administrative review or appeal. Take note of the deadlines — they are strict.
| Situation | Route | Deadline |
|---|---|---|
| Refusal with administrative review right | Administrative review | 14 days (28 days from overseas) |
| Refusal based on human rights / Article 8 | Appeal to First-tier Tribunal | 14 days (in-country) |
| Error in calculation or missing document | Administrative review then fresh application | Review: 14 days |
| Fundamental evidential problem | Fresh application with stronger evidence | No deadline, but status implications apply |
For a detailed guide to administrative review, tribunal appeals, and when a fresh application is the better route, see our ILR appeals and reapplication page.
Appeal vs Fresh Application: Which to Choose
Administrative review challenges the decision on its existing facts — it is appropriate when the caseworker made an error in law or on the facts. A fresh application allows you to submit new or stronger evidence but means paying the application fee again and potentially facing a longer wait. The right choice depends on the refusal reason, the strength of the original evidence, and what new evidence is now available. See our ILR adviser service for help assessing your options.
Frequently Asked Questions
What is the most common reason for ILR refusal?
Excess absences — spending more than 180 days outside the UK in a rolling 12-month window — is the most frequent cause. The second most common is incomplete or inconsistent documentation, particularly gaps in payslips or bank statements.
Can I get the Home Office fee back if my ILR is refused?
No. The £3,226 application fee is non-refundable regardless of outcome. This is one of the strongest arguments for a pre-application review.
How long do I have to request administrative review?
14 days from the date of the refusal decision if you are in the UK. 28 days if you are outside the UK. The deadline is strict — miss it and you lose the right to challenge through that route.
What happens to my immigration status while I challenge a refusal?
If you had valid leave when you applied, you are generally protected by section 3C leave while an administrative review or appeal is pending. However, this is not unlimited and the position can be complex. Take advice on your specific circumstances.
Does a refused ILR application affect future applications?
Yes. A refusal is recorded on your immigration history and must be disclosed on future applications — in the UK and often when applying for visas abroad.
Need personalised advice?
This guide provides general information only. For advice tailored to your circumstances, speak to one of our immigration advisers.
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