Options to Go for If Your ILR Application is Denied -Indefinite Leave to Remain (ILR) is a status granted to foreign nationals who have has lived in the United Kingdom for a certain period of time and meet certain criteria. It is a significant milestone for those who have spent several years in the UK and wish to make it their permanent home. However, not all ILR applications are successful, and a denied application can be a challenging experience for the applicant.
However, if your ILR application is denied, it is essential to understand your options and take appropriate action. In this article, we will discuss some options that you can consider if your ILR application is denied.
CHECK OUT: UK Work Visa Process 2023 | HOW TO APPLY
List of Options to Go for If Your ILR Application is Denied
Here are the best Options to Go for If Your ILR Application is Denied;
Appealing the Decision
One of the options available to you is to appeal the decision of the Home Office. If you believe that the decision was incorrect or unfair, you can submit an appeal to the First-tier Tribunal (Immigration and Asylum Chamber). A submitted appeal is only acceptable within a 2-week interval.
The appeal process can be lengthy and complicated, and it is advisable that you seek legal advice before proceeding. A lawyer experienced in immigration law can help you prepare your case and represent you at the hearing. The lawyer will also advise you on the chances of success and the costs involved in appealing the decision.
When your appeal is successful, be rest assured that the decision will be overturned, and you will be granted ILR. However, if the appeal is unsuccessful, you may still have some other options.
Administrative Review is one Options to Go for If Your ILR Application is Denied
If you believe that the decision was incorrect due to a factual error or a mistake in the application process, you may be eligible for an administrative review. An administrative review is a process where a different Home Office officer reviews your application to see if the original decision was incorrect.
You must request an administrative review within 28 days of receiving the decision letter. It is advisable to submit a written request, and you must provide the reasons why you believe the decision was incorrect.
If the administrative review finds that the original decision was incorrect, the decision will be overturned, and you will be granted ILR. However, if the administrative review finds that the decision was correct, you will not be able to submit another administrative review or appeal the decision. CLICK HERE TO REVIEW
CHECK OUT: UK Visa Sponsorship Jobs 2023 | APPLY NOW
Reapplying
If your ILR application is denied, you may also consider reapplying. However, before you do so, it is essential to understand why your previous application was denied and take steps to address any issues.
For example, if your previous application was denied because you did not meet the eligibility criteria, you should work on meeting the requirements before reapplying. If your previous application was denied due to insufficient evidence, you should gather more evidence to support your application.
Reapplying can be expensive, and you should ensure that you have addressed any issues before submitting a new application. It is advisable that you seek legal advice before reapplying to increase your chances of success.
Applying for a Different Visa
If your ILR application is denied, you may also consider applying for a different visa. Depending on your circumstances, there may be other visas available to you that could allow you to stay in the UK.
For example, if you are in the UK as a student, you could consider applying for a Tier 2 (General) visa if you have a job offer from a UK employer. If you are in the UK as a spouse or partner of a British citizen or settled person, you could consider applying for a Spouse Visa or a Partner Visa.
It is essential to understand the requirements for the different visas and ensure that you meet them before applying. It is advisable that you seek legal advice before applying for a different visa to increase your chances of success.
Applying for Human Rights Protection
If you are unable to appeal the decision, do not qualify for an administrative review, and cannot reapply for ILR, you may also consider applying for human rights protection. Human rights protection is a legal mechanism that allows individuals to remain in the UK if their removal would violate their human rights.
To apply for human rights protection, you have to show that there are serious and compelling reasons why you should not be removed from the UK. This could include factors such as family ties in the UK, medical needs, or other exceptional circumstances.
Applying for human rights protection can be complex, and the best advise is that you seek legal advice before doing so. An immigration lawyer can help you understand your options and represent you in the application process.
CHECK OUT: Apps that Help You Pass Your Life in the UK Test | Q & A
Deportation Appeal is one of the Options to Go for If Your ILR Application is Denied
If your ILR application is denied due to criminal convictions, you may be facing deportation. In this case, you may be able to appeal the deportation decision.
To appeal a deportation decision, you must show that the decision to deport you is not in line with the UK’s obligations under the European Convention on Human Rights. It is better a demonstration is made that you have a right to a family life in the UK and that you would be at risk of harm if you were deported.
To Appeal a deportation decision is challenging, and the best advise is that that you seek legal advice before doing so. A lawyer experienced in immigration and human rights law can help you prepare your case and represent you at the hearing.
Conclusion
If your ILR application is denied, it can be a stressful and challenging experience. However, there are options available to you, including appealing the decision, requesting an administrative review, reapplying, applying for a different visa, seeking human rights protection, or appealing a deportation decision.
It is essential to understand your options and take appropriate action to increase your chances of success. Seeking legal advice can be beneficial in navigating the complex immigration system and understanding your rights and options.
CHECK OUT: Signs You Should Quit Your UK Job | GET A NEW JOB