ILR refused due to tax amendment, deception, absences, CCJ (County Court Judgement)? An application for Indefinite Leave to Remain (ILR) can be refused for numerous reason including above mentioned and therefore it is crucial that applicants understand their appeal rights. Some of them are understandable, but others are downright cruel, which is one of the reasons the ‘hostile’ policy for illegal immigrants (which often affects legal migrants) is currently being challenged.
Reasons for ILR refusals include:
If you have been refused ILR, you may have a right of appeal. Therefore, contacting an immigration lawyer is essential, as they can advise you on whether a right of appeal exists, and if so, represent you in the Tribunal.
The right of appeal for a decision made under the Immigration Rules is complex. Normally, a right of appeal only exists for ILR refusals if your leave to remain or visa application was refused before the Immigration Act 2014 was in force.
If your ILR application has been refused and if you have incorporated human rights ground into your application, you may get appeal rights.
By talking with an experienced immigration lawyer, you can establish which option is in your best, long-term interests.
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Most ILR appeals on human rights grounds are made under Article 8 of the European Convention on Human Rights: the right to private and family life.
If your ILR application has been rejected, the letter you receive from UKVI must provide the reasons for the negative decision. Your immigration lawyer will then examine the reasons for your refusal and can suggest on next course of action.
You must be aware of the strict timeframe for lodging an appeal. If you are already in the UK, you must send your appeal notice within 14 days of receiving the negative decision. For ILR applicants who are overseas, the deadline for lodging a notice of appeal is 28 days.
An appeal must be made using the correct form. In most cases, a fee must be paid in order to lodge a valid appeal in the First Tier Tribunal. Payment must be made by means of a credit or debit card. Visa, Visa Electron, Master Card and Maestro. If the appeal is being submitted online, then online payment methods must be used. There are cases where an applicant will be exempt from having to pay the fee – your immigration lawyer can provide you with the best advice on whether an exemption applies to you.
The notice of appeal against an ILR refusal must:
In addition, the notice of appeal must be accompanied by:
As you can see from the above outline of the requirements of an ILR appeal, the procedure for making an appeal is complex, full of exemptions and easy to get wrong. This is especially so if English is not your first language.
An immigration lawyer has the training and experience to launch a successful appeal if your ILR application has been refused, ensuring that if you qualify for fee exemption or there is a certain practice directive which must be followed, such actions are taken.
The length of time it could take to make a successful appeal depends on your case. The Law Society of England and Wales has stated almost half’ of all immigration decisions which are appealed are overturned. Experienced immigration lawyers will tell you that UKVI will sometimes reverse an immigration refusal as soon as they receive a letter stating an appeal may be forthcoming.
If you have had your ILR application refused, it is vital to contact an immigration lawyer who can provide you with the best advice to have the decision reversed and your ILR granted.
A Y & J Solicitors are specialists in immigration law based in central London. If you would like to have more information, please contact us at contact@ayjsolicitors.com or call +44 20 7404 7933.
Disclaimer: No material/information provided on this website should be construed as legal advice. Readers should seek an appropriate professional advice for their immigration matters.
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