My ILR was refused — what are my options?
An ILR refusal is not the end of the road — but what you do next depends entirely on why you were refused and how long you have to act. Read your refusal letter first: it tells you which remedy applies (administrative review, a fresh application, or an appeal) and the deadline. Deadlines are short and unforgiving, so do this before anything else.
There are broadly four things to understand: administrative review, reapplying, appeal, and your immigration status while you decide.
- Administrative review must be requested within 14 days of getting the decision if you are in the UK — 7 days if you are detained.
- The administrative review fee is £80; it is normally refunded if the review succeeds, but not refunded if you withdraw.
- A right of appeal usually exists only for refused human rights or protection (asylum) claims and EU Settlement Scheme decisions — not standard work or spouse ILR.
- If you applied in time, section 3C leave keeps your status lawful while a decision, in-time review or in-time appeal is pending.
Option 1: Administrative review (caseworking errors)
Administrative review is a request for the Home Office to reconsider a decision on the basis that a caseworking error was made — for example, the caseworker misapplied the rules or overlooked evidence you actually submitted. It is not a chance to send new evidence to fix a gap in your original application.
If your refusal letter says you have a right to administrative review, the deadline is tight: 14 days from getting the decision inside the UK (7 days if detained). The fee is £80, normally refunded if the review is successful, but not refunded if you withdraw. Use this route when you genuinely believe the decision is wrong on the facts or law as already presented.
Act fast and pick the right remedy. The administrative review window is only 14 days, and choosing the wrong option — for example reapplying when you should have sought review — can waste your one chance to challenge the decision and force you to start over.
Option 2: Reapply with a fixed application
If the refusal happened because something was missing or wrong in your application — a document you forgot, an absence that broke the continuous-residence rule, or evidence that did not meet the requirement — administrative review will not help, because there was no caseworker error. The realistic route is to reapply with the problem fixed.
Before you do, work out exactly what went wrong and whether you can now meet the requirement. If you fell short on absences or qualifying time, you may need to wait until you genuinely qualify. If you simply could not supply a document earlier — perhaps because the Home Office requested it and a decision came before you could respond — that situation needs care; see what to do after a Home Office document request. Make sure you also use the correct application form for your route — see which SET form you need.
Option 3: Appeal (only where a right of appeal exists)
Many people assume they can appeal an ILR refusal to a tribunal. Usually you cannot. A right of appeal to the First-tier Tribunal generally arises only where the Home Office refuses a human rights claim or a protection (asylum) claim, or makes certain EU Settlement Scheme decisions. Standard work, study and spouse ILR refusals do not carry a right of appeal — they get administrative review instead.
Your refusal letter will state clearly whether you have a right of appeal and how long you have. If it does, the appeal goes to an independent judge rather than back to the Home Office. A human rights claim made inside an administrative review request will not be considered, so the two routes are genuinely separate.
Your status while you decide
This is the part people miss. If you submitted your ILR application in time — before your previous leave expired — then section 3C leave automatically continues your existing immigration status while the Home Office decides, and while an in-time administrative review or in-time appeal is pending. That means you keep the same conditions (such as the right to work) during the process.
Section 3C leave does not apply if you applied after your previous leave had already expired. If you are in that position, or you are unsure, get advice quickly — overstaying has serious consequences and the safe options narrow fast.
Whatever route fits, the order is the same: read the letter, identify the remedy and the deadline, then act within it. If your original application has simply been stuck rather than refused, that is a different problem — see how to chase and escalate a delayed ILR application.