ILR Refused: What to Do Next

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 £38,700 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.