ILR Refused: What Happens Next (2026)
If your ILR application is refused, you usually have three paths: administrative review, appeal, or reapplication. A calm walkthrough of what each means, when it applies, and how to decide.
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Getting an ILR refusal is painful, especially after years of tracking residency. Take a breath. A refusal is rarely the end of the road: UK immigration law has formal channels for correcting caseworker errors, challenging decisions, and reapplying with corrected evidence. This guide walks through each option.
This page gives an overview. For specific advice on your refusal, consult a regulated OISC adviser or immigration solicitor, especially if the refusal cites deception, criminality, or suitability grounds.
First: read the refusal letter carefully
Your refusal letter is the single most important document. It tells you:
- Exactly why your application was refused (the "Reasons for Refusal" section).
- What options you have: administrative review, appeal, or neither, and the deadline for each.
- Whether your leave is extended under section 3C while you challenge the decision.
Identify the specific paragraph(s) of the Immigration Rules the caseworker cited. These are your roadmap to every subsequent decision.
Option 1: Administrative review
Administrative review is the fastest route. It's designed to correct caseworker errors, not to rehear your case with new evidence. Typical grounds: the caseworker misread a date, overlooked a document you submitted, or misapplied the Immigration Rules.
Key facts:
- Deadline: 14 days (in UK) or 28 days (outside UK) from the refusal
- Fee: £80 (refunded if successful)
- Typical turnaround: 28 days, often faster
- You generally can't submit new evidence, only point to errors in how existing evidence was assessed
Apply via your UKVI online account. The official process is at gov.uk/ask-for-a-visa-administrative-review.
Option 2: Appeal (limited circumstances)
Appeals to the First-tier Tribunal are only available for specific refusal types, most commonly where human rights or refugee law claims are involved. Standard ILR refusals based on Immigration Rules usually don't carry a right of appeal; you'd go the administrative review or reapplication route instead.
When an appeal is available:
- Refusal of a human rights claim (e.g. Article 8: family/private life)
- Protection claims (asylum)
- Decisions made under the EU Settlement Scheme
If your refusal letter has an "appeal rights" section, follow the instructions there. Otherwise, appeal is not an option for your case.
Option 3: Reapply with corrected evidence
Reapplying is often the most practical option when:
- A document was missing and you can now provide it
- You made a mistake on the form that you can correct
- Circumstances have changed (e.g. enough time has passed for your absence window to reset)
- The administrative review window has closed
You pay the full application fee again (£3,226 for ILR as of 2026). Critical: do not reapply with the same evidence that caused the first refusal. Understand the reasons, fix them, and only then submit.
Getting professional help
UK immigration advice is regulated. Only use advisers who are:
- OISC-registered (Level 2 or 3 depending on complexity), free directory at gov.uk/find-an-immigration-adviser
- Solicitors regulated by the SRA with immigration practice, check via Law Society
For cases involving suitability, deception allegations, or complex family circumstances, a solicitor is almost always worth the cost.
What not to do
- Don't miss the deadline. 14 days comes around quickly; start drafting your review request the day the refusal arrives.
- Don't submit new evidence to administrative review. It won't be considered, that's the appeal/reapply route.
- Don't submit the same application again without addressing the refusal reasons. You'll just get refused again and lose another £3,226.
- Don't leave the UK before you understand your leave status. If section 3C isn't applying, you could become an overstayer.
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Frequently Asked Questions
How long do I have to respond to a refusal?
Administrative review must be requested within 14 days if you're in the UK, or 28 days if you're outside. Appeals (where available) also have strict deadlines printed on the refusal letter. Missing the deadline usually means your only option becomes reapplying.
Can I stay in the UK while I challenge the refusal?
If you submitted a valid in-time application and you ask for administrative review or appeal within the deadline, your existing leave is usually extended under section 3C of the Immigration Act. Read your refusal letter carefully: it tells you whether 3C applies.
How much does administrative review cost?
£80 as of 2026. If the review is successful, the fee is refunded. Appeals cost more (£80 to £140 depending on track).
Should I hire a solicitor?
For administrative review you can usually self-file if the error is clear and documented (e.g. a caseworker mistake about dates). For appeals or complex cases, particularly where suitability grounds or deception allegations are involved, a regulated OISC Level 2+ adviser or an immigration solicitor is strongly recommended.
If I reapply, how long should I wait?
There's no mandatory waiting period, but you shouldn't reapply until you've fixed whatever caused the refusal. If your absences exceeded the 180-day limit, no reapplication will succeed until enough time has passed for your rolling window to reset. If a document was missing, you can in principle reapply immediately, but review the refusal reasons carefully.
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