Set M ILR refused - What to do?

What is Set M ILR?

Set M refers to one of the forms visa application that can be used to apply for Indefinite Leave to Remain in the UK.

To be eligible to apply for Indefinite Leave to Remain using Form Set M you must be either the partner, parent or child of a British citizen or a person who has settled status in the UK. To be eligible for a leave to remain application using Set M ILR you will need to meet certain requirements:

• You will need to have lived continuously in the UK for a set period of time on a valid family visas – this time depends on the route you are on but could be 2, 5 or 10 years
• You must pass the Life in the UK Test
• You must meet the English language requirements
• You may also need to meet certain financial requirements

If you are successfully granted entry clearance by ILR then you will be able to live and work in the UK without having to adhere to time restrictions.

Why might Set M ILR be refused?

ILR applications are very complex and unfortunately due to the strict requirements for ILR it is not unusual for applications to be refused from the Home Office. Some of the most common reasons for refusal remain application include:

• Not submitting the correct ILR documents with your application form
• Having criminal convictions
• Previous history of breaching immigration rules
• Failing to disclose debt
• Not meeting the residency requirment/having too many absences from the UK
• Failure to meet English language or Life in the UK Test requirements
• Adverse behavior such as issues with tax payments

Applying for ILR is a time-consuming and costly process to having your application refused can be frustrating. To avoid this it’s important that you ensure you are eligible for ILR before you apply and that you have sufficient evidence to prove you can meet the requirements.

What shall I do if my ILR application is refused?

If your ILR application is refused then you will receive a refusal letter from the Home Office informing you of this and a written explanation detailing why your application has been refused.

If your first ILR application form is refused you may have several options going forward, these include:

• Resubmitting your application
• Applying for an Administrative Review
• Appealing the decision under Article 8 of the European Convention of Human Rights
• Applying for Judicial Review

Which of these options you should choose varies depending on your specific circumstances, it is highly advised that you seek legal advice from legal representative or an experienced immigration lawyer to help you decide.

Appealing an ILR refusal

Your refusal letter should state whether you have a right to appeal, if you applied for ILR when your permission to stay in the UK was already expired or if you can remain in the UK despite your ILR application form being refusal then you will usually not have a right to appeal.

Usually appeals of ILR refuses are made on human rights grounds, specifically using Article 8 of the European Convention of Human Right, which refers to the right to private and family life.

If you decide to appeal then you must launch your appeal within 14 days of receipt of your refusal letter.

Administrative Review

Another option is to apply for Administrative Review. You can apply for Administrative Review if you believe that the Home Office made an error in the process of making their decision about your application, for example if you feel that certain evidence was not properly taken into account during application process.

Your refusal letter should contain details about your right to request online Administrative Review. It costs £80 to apply for Administrative Review and you must apply within 28 days of your refusal if you are outside the UK or within 14 days if you are inside the UK.

Administrative Review is carried out by a team independent to those who made the initial decision, if they find that there was a case working error then they may have the decision withdrawn.

Judicial Review

Judicial Review can be the only exception, used as a last resort if other avenues have failed.

Judicial Review challenges the Home Office’s decision on a legal basis. Judicial Review is a very complex process, it can only be used when the court permits and it is much more costly than other avenues such as Administrative Review.

It could be worth applying for Judicial Review if you have a strong case, however it is highly advised that you seek professional advice from immigration adviser or an experienced immigration lawyer before making an application.