After a settlement refusal

Refusal Reason: Continuous Residence Broken

The continuous residence requirement is the most common reason for ILR refusals. For most routes, you must not have been absent from the UK for more than 180 days in any rolling 12-month period during the qualifying period. The Home Office calculates this strictly.

Common scenarios that break continuous residence:

• Extended trips home: Visiting family for several months, particularly over holiday periods, can easily push you over the 180-day limit when combined with other shorter trips in the same year.
• Overseas work assignments: Even if your employer sends you abroad temporarily, the absence still counts against your continuous residence unless specific exemptions apply (such as Crown service).
• Pandemic-related absences: Absences during the COVID-19 pandemic were treated with some flexibility, but this concession is no longer available for new applications in 2026.
• Miscounting: Many applicants underestimate their total absences because they forget short trips or miscalculate dates. Every day outside the UK counts, including travel days.

You can review the official continuous residence guidance on the GOV.UK ILR page. If your ILR was refused for a continuous residence breach, you will normally need to "reset the clock" — continue living in the UK with minimal absences until you accumulate a new qualifying period that meets the requirement.

Refusal Reason: Salary Threshold Not Met

For Skilled Worker to ILR applications, you must meet the minimum salary threshold for your occupation code at the time of your ILR application. If your salary has dropped below the threshold since your last visa grant (for example, due to a job change or reduced hours), your ILR may be refused.

Common salary-related issues:

• Salary below the going rate for your occupation code
• Salary below the general threshold (currently £41,700 for new applicants, though transitional arrangements may apply)
• Part-time work resulting in a pro-rata salary below the threshold
• Maternity, paternity, or sick leave reducing your actual pay

If your salary is the issue, you may need to negotiate a pay increase with your employer, find a new role with a higher salary, or wait until your circumstances change before reapplying.

Refusal Reason: Incomplete or Incorrect Documentation

Documentation refusals are frustrating because they are often preventable. Common issues include:

• Missing Life in the UK test pass: You must pass the Life in the UK test before applying. Applying without it will result in a refusal.
• English language evidence problems: Wrong test, expired result, or insufficient score. See our English language guide.
• Insufficient residence evidence: Gaps in your evidence of continuous UK residence. See our ILR documents checklist.
• Employer letter issues: Letters that are missing required details, are too old, or are not on company letterhead.

Documentation refusals are the easiest to fix. Gather the correct documents and reapply. If you believe the caseworker overlooked evidence you did provide, an administrative review may be appropriate.

Your Options After an ILR Refusal

Administrative Review

Most ILR refusals on work-based routes (Skilled Worker, Global Talent, Innovator Founder, etc.) carry a right to administrative review. This costs £80 and checks whether the caseworker made an error. You cannot submit new evidence on administrative review — it only reviews the evidence that was in the original application.

Right of Appeal

If your ILR was refused on a human rights route (such as Spouse visa to ILR), you may have a right of appeal to the First-tier Tribunal under Article 8 ECHR. Check your refusal letter for your specific challenge rights.

Reapplication

You can reapply for ILR once you have addressed the reasons for refusal. You must pay the full application fee again. Before reapplying, ensure you still have valid leave to remain in the UK.

Extend Your Current Visa

If your ILR refusal means your current visa has effectively expired (because you were relying on Section 3C leave), you may need to apply urgently for an extension of your current visa to maintain lawful status in the UK. Do not allow yourself to become an overstayer — the consequences are serious. See our overstaying guide.

Protecting Your Immigration Status

After an ILR refusal, your immediate priority is ensuring you have lawful status in the UK. The situation depends on your circumstances:

• Visa still valid: If your current visa has not yet expired, you continue to have leave under that visa. You have time to address the refusal reasons and reapply.
• Section 3C leave: If you applied for ILR while your visa was still valid, your existing leave was extended under Section 3C until the decision. Once the ILR is refused, Section 3C leave ends. If you request an administrative review within the deadline, Section 3C leave continues until that review is decided. If the review is unsuccessful, your leave ends.
• No valid leave: If you have no valid leave remaining, you must either apply for a new visa immediately or leave the UK. Remaining in the UK without valid leave makes you an overstayer.

Reapplying for ILR

If you decide to reapply, follow these steps:

1. Confirm your leave to remain: Make sure you have valid leave in the UK. If needed, extend your visa first.
2. Address every refusal reason: Go through your refusal letter point by point and ensure each issue is resolved.
3. Recalculate your continuous residence: If absences were the issue, calculate whether you now have a qualifying period that meets the 180-day rule.
4. Gather complete documentation: Use our ILR documents checklist to ensure nothing is missing.
5. Consider professional advice: An immigration solicitor can review your refusal and help you prepare a stronger application. You can find a regulated immigration adviser on GOV.UK.

Route-Specific Considerations

Skilled Worker to ILR

See our dedicated Skilled Worker to ILR guide for salary thresholds, transitional arrangements, and the specific requirements for this route.

Spouse Visa to ILR

See our Spouse visa to ILR guide for the financial requirement at the ILR stage and relationship evidence requirements.

10-Year Long Residence

If you have been in the UK for 10 continuous years on various visa types, you may qualify for ILR under the long residence rule. See our ILR eligibility guide for more information on qualifying routes.

Preventing an ILR Refusal

The best approach is to prepare thoroughly before applying:

• Track your absences from the UK throughout the qualifying period. Keep a spreadsheet with exact dates for every trip outside the UK.
• Confirm your salary meets the threshold well before you apply. If it is borderline, seek a pay increase or wait until it clearly exceeds the minimum.
• Pass the Life in the UK test and English language requirement before you submit your application, not after.
• Gather all documents using our ILR documents checklist and cross-reference everything for consistency.
• Allow time for a Subject Access Request if you need your travel history from the Home Office (this can take several weeks).

Questions and answers