Depending on your immigration situation, there are different reasons why your ILR application might be turned down. Let’s look at some of the most common reasons why someone might say no.

1. Refusal because the 10-year legal stay isn’t complete
   People who want to apply for ILR must meet the 10-year continuous lawful residence rule. If they haven’t been in the UK legally for 10 years, this will be a problem for their application. These people may have overstayed their visa for even one day in the past during this time period. They may have had their visa extended during this 10-year period, but they may still be turned down for ILR.People could use their right to appeal if their human rights were violated in their private or family life, as stated in Article 8 of the ECHR.

2. Refusal because of a relationship or marriage
   If you haven’t lived with your partner or spouse for five years, or if your British or settled partner or spouse says that the other person only wanted to get married or live together because of immigration issues and nothing else, the Home Office can also turn down your application. If the second scenario happens, it’s hard to see how the person could win on appeal without the help of their UK spouse or partner.

3. Failed English Language Tests and Life in the UK
The person might not be given ILR if they did not pass the English language test at all or not to the required level. It would be up to the person who was harmed by the decision to prove they were wrong in an appeal. The level of proof would be based on the civil balance of possibilities. The same thing happens if the person failed the Life in the UK Test.

4. Not following the rules for Tier 2 immigration
If, on the other hand, the person has not worked in line with the Tier 2/Skilled Worker visa rules for 5 years, they may not be granted ILR. As long as it has to do with human rights, people will be able to appeal and stay in the UK.

5. Claims of fraud or wrongdoing
ILR could also be denied if the person involved cheated and didn’t take the English test themselves but had someone else do it, or if they lied about their earnings or didn’t show the right amount of tax paid when applying for settled status as a self-employed highly skilled migrant under the old HSMP programme. In this case, it would be up to the SSHD (Home Office) to prove bad behaviour. The person in question can then say that there is a good reason for what happened.

6. Background checks and criminal records
You can also be denied ILR if the person applying is a bad person because of past criminal convictions. In this case, the Home Office would have to prove this, but the person can refute this claim by using human rights as the reason for their appeal.

7. Breach of the duty to care for or be with someone
If someone is denied ILR because they broke appendix FM in a relationship as husband and wife or because they care for a British child or a child who has lived in the UK for 7 years and is settled here, this will bring up human rights issues in the appeal.

8. Sending in the wrong form
ILR could also be turned down if the wrong form was filled out. For instance, the SET (O) payment form should be used instead of the SET (M) online form. could have been used if they were married to a British citizen or settled person, but the home office fees are the same, and the cover letter would have made it clear why the application was being made.

In this case, using the wrong form is obviously not a good idea, but it shouldn’t be a deal-breaker on appeal. As long as there were no problems with the fee difference and the cover letter made it clear what the application was for, the appeal should be successful.

9. Other Reasons Why an ILR Was Refused
   Here are some more common reasons why ILR is turned down:

• You have been found guilty of a crime or a visa violation.
• You have been told to leave the UK because you have broken the law many times while you have been here.
• You haven’t followed the rules of your stay, and your pay doesn’t meet certain levels.
• You haven’t paid the extra fee for the NHS, or
• There is a bill owed to the NHS by the person. The UN or EU has banned you from travelling.
• Due to a failed previous Judicial review case, you have not paid the court costs that were ordered against them.
• Any of these are clear signs that an ILR claim might not be successful. Still, if human rights are at stake, there will be a way to appeal to the tribunal and have these problems discussed by separate judges.

What to Do If Your Request for Indefinite Leave to Remain Is Refused?
When you get a letter from UK immigration saying that your ILR application was denied, the first thing you should do is carefully read it to figure out why it was denied. It will spell out the exact reasons for the refusal. In the letter, you will also find information about what you can do to change the choice.

Knowing these reasons can help you decide what to do next with your application for indefinite leave to remain, whether you want to file an appeal, resubmit your form, or look into other choices.

1. Administrative Review
   You have 14 days in the UK or 28 days outside the UK to ask for an administrative review if you think your application for indefinite leave to stay was turned down because of a mistake. This process takes 80 pounds and includes carefully going over your application to find any mistakes that might have caused it to be turned down.

Please keep in mind that the administrative review process is complicated and could lead to another refusal if it is not done properly. Because of this, you should have an experienced immigration lawyer help you with this step.

2. Lodge an Appeal
   It’s possible that you will be able to challenge the ILR refusal here. Please keep in mind that you can only do that if the letter of refusal says you can review the decision. You can question the Home Office’s decision through the appeals process if you think it violates your human rights or other legal rights.

Usually, you can’t change the date by which you have to file an appeal. You have 14 days from the time you get the decision letter to send in your appeal if you are in the UK. When the choice is made, applicants who are outside of the United States have an extra 28 days to file an appeal. Getting in touch with an immigration lawyer will help you get through the process faster and better.

3. Send in a new ILR application
   In the letter from the Home Office, if there are mistakes on your ILR application form, like sections that were not filled out properly or fields that were not filled out at all, you may decide to send your application again. Before you do that, you should talk to an immigration lawyer about your new application and make sure you’ve met all the requirements for ILR.

4. Judicial Review
If you don’t agree with a Home Office ruling and think it might be against the law, you can ask for a judicial review. Please keep in mind, though, that the process is not quick or easy. People usually only do it as a last option, and the court has to let them.

In light of how delicate court review is, you should talk to a qualified lawyer to find out if it’s the right thing to do.

How Atty Magsino Can Help With Being Turned Down for ILR?
The Home Office turned down your application for ILR. Are you now unsure of your standing in the UK? Atty Magsino Solicitor is an expert at making complicated situations easy to understand. Email attydonmagsino@gmail.com / 07446 888 377