ILR / Settlement Visa Refusal Appeal
Indefinite Leave to Remain (ILR) and other UK settlement applications have strict appeal rules. Read your refusal letter first: it will explain whether you can appeal and the reasons for refusal. UK immigration law now allows appeals in very limited circumstances. Generally, you can appeal only if your application involved an Article 8 (private and family life) human rights claim, an asylum/protection claim, or certain EU-related status decisions. Most ILR refusals based on points, length of residence or the standard rules do not have an appeal right under current law. Your refusal letter will clearly say if any appeal is allowed; if it does not, you must use administrative review or reapply.
If You Have the Right to Appeal
If your case does include a human rights or EU basis and the letter grants appeal rights, proceed as with any immigration appeal. Check the deadline (usually 14 days in the UK, 28 overseas) and file an appeal to the First-tier Tribunal. Prepare a strong bundle of evidence showing your eligibility for ILR or your family life circumstances. The tribunal will consider whether the Home Office applied the correct legal standards. Appeals are heard on paper or by hearing, and take many months to resolve. If the appeal is allowed, you will be granted ILR/settlement as requested. If not, you would have only judicial review as a further remedy. Given the complexity of these cases, legal advice is strongly recommended.
If You Cannot Appeal (Administrative Review)
In most ILR and settlement refusals where no appeal is available, your remaining option is an administrative review. This must be applied for quickly – within 14 days of the decision if you were in the UK. During the review, a different caseworker checks your original application for any clear error. You cannot add new supporting documents, so the review is limited to correction of obvious mistakes. If the Home Office finds an error, it may grant the visa. If the review confirms the refusal, that decision is final (short of judicial review). Administrative reviews can be lengthy, so you should consider applying promptly. If a review is not permitted or fails, the usual alternative is to submit a fresh ILR/settlement application.