HOW TO APPEAL A DENIED APPLICATION FOR ILR
If your application for ILR is refused, you will receive written notification (unless it is lost by the delivery service) which will include written instructions explaining how to appeal this decision. Much of this appeals process (or ‘Administrative Review’) can apply to most immigration decisions. We have focused on the process relevant to in-country applications for Indefinite Leave to Remain, specifically for Tier 2 migrants.
Following this link will take you to Immigration Rules Appendix AR which will go into further detail about the Administrative Review process. The appendix also includes information about the appeals process on arrival in the UK, and overseas. These rules, and the overview we have provided below, should only be used as supplementary information alongside consultation with professional immigration lawyers.
The appeals process is changed frequently. This guide was written in November 2016. If enough time has passed, this guide will no longer be relevant. We will try to keep it as current as possible.
The appeals process was updated recently and is now called ‘administrative review’. Administrative Review, or ‘AR’ is not a Judicial Review. AR studies decisions that may be incorrect due to a case working error.
Who can appeal?
Paragraph AR3.1 to Paragraph AR3.3 of Immigration Rules Appendix AR goes into great detail about which decisions are eligible for Administrative Review.
Decisions that can be reviewed:
Applications made by Tier 4 migrants (or their partners, or their children) on or after 20th October 2014
Applications made by Tier 1, 2 or 5 migrants (or their partners, or their children) on or after 2nd March 2015
Any other application made on or after 6th April 2015
More complicated, specific migration cases (involving HM Armed Forces, asylum, refugee and humanitarian cases, or bereavement or domestic violence) might require an appeal under Section 82 of the Nationality, Immigration and Asylum Act 2002.
How do I appeal?
Information is available here on the Gov.uk website about how to apply for an Administrative Review. You will need to use the online application form in section 5. The Home Office will only accept an application by post if online access is not available to the applicant. If you are reading this, you have sufficient online access in the judgement of the Home Office.
The online form has a word limit for written text, with no ability to attach files. Documents must be submitted to the email address provided on the website. If the online form is not enough then you must email email@example.com to discuss it with them.
There is a fee for AR applications. At the time of writing, the fee is £80. You may be exempt from the fee if you can prove you are unable to pay, but this is only in extreme circumstances.
You can make only one application for Administrative Review for every eligible decision, unless your AR results use reasons other than the original decision. This would make it a new decision, which can also be submitted for Administrative Review.
Where the migrant is not detained, the application must be made within 14 calendar days of receiving the written notice* of the eligible decision. Where the migrant is detained, the application must be made within 7 calendar days.
If your application for AR is invalid the Home Office will issue you written notice, and assume it has been received. If you make any other applications for migration status, or if you request your passport to be returned (for travel outside of the UK for example) then your AR application will be judged as ‘withdrawn’.
* By post, this is defined as the second working day after the written notice was sent. By email or courier, this is defined as the same day as the written notice was sent. This can be changed if evidence is provided of confirmation by the postal service or courier of the date of delivery, or of a postal strike.
What happens when you appeal?
An Administrative Review examines decisions to see if they are correct. You cannot be removed from the country while an immigration decision is being examined by AR.
Once an eligible decision is identified, it will be examined by a review team in Manchester.
The Immigration Board will supply all the case working material and documents that they used to reach their decision. The Reviewer will look for a case working error in the material supplied. A case working error can be a wide number of things. Some examples include:
An application being rejected prematurely
The decision-maker or immigration board did not request documents that they should have
Incorrect application of immigration rules
Relevant policy and guidance was not properly followed
Incorrect calculations of your period of leave, or the conditions you must observe
The Reviewer will not consider any material that was not presented to the original decision-maker (the immigration board) unless new evidence proves an error was made. They are not judging the morality of the case, only whether correct procedure has been followed and all immigration rules have been properly obeyed.
If the applicant (you) has personally identified a case working error, the Reviewer may contact you in writing and request relevant evidence. The Reviewer must receive this evidence within 7 working days of the request.
What happens afterwards?
You will receive the result within 28 days.
If an AR is unsuccessful, the eligible decision remains in force. Sometimes some of the reasons for an eligible decision will be added to, changed or withdrawn. The decision itself may still stand.
If an AR is successful, the challenged decision is withdrawn. Administrative Review is not an application for ILR (Indefinite Leave to Remain). A refused ILR application may be submitted for AR but a successful AR does not mean that ILR will be granted. A new ILR application must be submitted. You cannot be removed from the country while your ILR application is being considered.
If you can think of anything we should include on this page, or if this information is incorrect, please contact us.