Can I appeal an ILR refusal?

Most ILR refusals do not carry a full right of appeal. Instead, you can request an administrative review, which asks a different caseworker to review the decision. Some refusals on human rights grounds do carry appeal rights to the First-tier Tribunal.

How much does an administrative review cost?

An administrative review costs £80. If the review finds that the original decision was wrong, the fee is refunded.

How long do I have to request an administrative review?

You must request an administrative review within 14 calendar days of receiving the refusal decision if you are in the UK, or within 28 days if you are overseas.

ILR Refusal: Administrative Review and Appeal Options

Most ILR refusals can be challenged through administrative review (£80, 14-day deadline). Some refusals on human rights grounds carry appeal rights to the First-tier Tribunal. Judicial review is a last resort for procedural errors. Acting quickly is essential as deadlines are strict.

Administrative Review

Most ILR refusals carry a right to administrative review. This is a review of the original decision by a different caseworker within the Home Office.

The administrative review checks whether the original decision was correct based on the information and evidence that was available at the time. It does not consider new evidence. You must request the review within 14 calendar days of receiving the decision.

Apply online through the GOV.UK administrative review page. The fee is £80, refunded if the review overturns the decision.

Appeal Rights

If your ILR refusal was based on human rights grounds (for example, Article 8 right to private and family life), you may have a right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber). Appeal deadlines are strict: 14 days from the decision if you are in the UK.

Appeals are more thorough than administrative reviews. A judge considers the case afresh and can consider new evidence. Legal representation is strongly recommended. See our DIY vs solicitor guide.

Judicial Review

If neither administrative review nor appeal is available, or if they have been exhausted, judicial review is a last resort. This is a court challenge to the lawfulness of the Home Office's decision-making process, not the merits of the decision itself.

Judicial review is expensive and complex. You need specialist legal representation. It is only appropriate where there has been a clear error of law or procedural unfairness.

Your Immigration Status During the Process

While your administrative review or appeal is pending:

Your previous leave continues under Section 3C if you applied for ILR before your visa expired and requested the review in time.
You can continue to work and live in the UK as before.
If the review or appeal is unsuccessful, you will need to make a fresh application or leave the UK.

Common Reasons for ILR Refusal

Understanding why your ILR was refused helps you decide the best course of action:

Continuous residence broken: Absences exceeded the permitted limit. See our continuous residence guide.
Salary below threshold: Your pay did not meet the going rate or minimum salary.
Good character failure: Criminal convictions or other character issues. See our ILR and criminal record guide.
Missing documents: Failure to provide required evidence. See our application mistakes guide.

For a full analysis, see our ILR refusal guide.

Making a Fresh Application

If your administrative review or appeal is unsuccessful, you can make a fresh ILR application. Address the reasons for refusal in your new application. This may mean waiting for more time to pass (for absences), obtaining new evidence, or resolving character issues.

A fresh application requires a new fee payment. See our ILR cost guide.