If things go wrong

ILR Refused? What to Do Next

A refusal is not the end of the road — but you may have as little as 14 days to act, and protecting your existing leave comes first. Here are your options, clearly.

Researched and maintained by the ILR Calculator UK editorial team · Reviewed against GOV.UK guidance in force on 24 June 2026 · General information, not regulated immigration advice.

If your ILR application has been refused, you have up to four options: administrative review, an appeal, judicial review, or a fresh application — but which are open to you depends entirely on your refusal letter. Most ILR refusals carry only a right to administrative review (£80, within 14 days), not a full appeal. Before you choose, the priority is to check whether your existing right to stay in the UK is at risk.

Act quickly and protect your status first. If you applied for ILR before your previous visa expired, you likely had “3C leave” keeping your status lawful while you waited. A refusal can bring that 3C leave to an end. Your first step is to confirm whether you still have valid leave, because that affects everything else — and any challenge deadline in your letter is usually just 14 days. If your leave is at risk, get advice from a regulated adviser straight away.

First: read the letter and protect your leave

Two things matter in the first 24 hours. First, read the refusal notice in full — it states the reasons for refusal and exactly what challenge rights you have (administrative review, appeal, or neither), along with the deadline. Second, work out whether you still have leave to remain in the UK. If your ILR application was made in time and you held 3C leave, a refusal may end it, so you need to know where you stand before it lapses.

Why ILR applications get refused

Most refusals come down to a handful of issues, and many are avoidable:

Common ILR refusal reasons
ReasonWhat it means
Broken continuous residenceExceeding the 180-day absence limit in a rolling 12 months — the single most common reason
Salary or financial thresholdPay below the required level on a work route, or salary not matching the CoS or HMRC records
Missing or incorrect documentsEvidence not provided, out of date, or not meeting the specified format
Application errorsThe form completed incorrectly, or the wrong route or category selected
Suitability / good characterCriminality, immigration breaches, or deception concerns

Source: GOV.UK caseworker guidance and published ILR refusal patterns. Breaking continuous residence through excess absences is consistently the leading cause. Check yours with our 180-day absence rule guide.

Your options compared

Which route is right depends on why you were refused and what your letter allows. In outline:

Ways to respond to an ILR refusal
OptionWhen it fitsCost & deadline
Administrative reviewThe caseworker made an error on the evidence you already provided£80; within 14 days (UK)
Appeal (First-tier Tribunal)Only if your letter grants it — usually human rights routes (e.g. Article 8)£80 paper / £140 hearing; 14 days
Judicial reviewThe decision was unlawful and no other remedy remains — a last resortHigh; specialist legal help needed
Fresh applicationThe reason can be fixed (documents, absences) — often the simplest routeFull £3,226 fee again

Source: GOV.UK administrative review and appeals guidance; HM Courts & Tribunals Service fees. Your refusal letter is definitive on which options apply to you.

When administrative review is the right route

Administrative review is for one specific situation: you believe the Home Office made a mistake in deciding your case. A different caseworker re-examines your original application, so its most important limit is that you cannot add new evidence. If your refusal happened because a document was missing, an administrative review will not help — a fresh application with the document is the answer. If, however, you provided everything and the caseworker miscounted your absences or overlooked evidence, administrative review is the cheaper, faster fix, and the £80 fee is normally refunded if you are right.

Get advice before you choose. Picking the wrong route wastes time you may not have and can let a deadline pass. Because ILR refusals are fact-specific and your leave may be at risk, this is a point to speak to a regulated adviser. You can find one free on the GOV.UK register of immigration advisers.

Reapplying after a refusal

For many people, particularly where the problem was documentation or absences, a fresh application is the cleanest path. There is usually no waiting period, so you can reapply as soon as you have addressed the reason — but you must pay the full £3,226 fee again, since the original is not refunded. Before you do, make sure the underlying issue is genuinely fixed: recheck your eligibility and, if absences were the problem, wait until your travel record is within the limits. Disclose the previous refusal honestly on the new application.

An ILR refusal is recorded on your immigration history, but on its own it does not bar future applications — what matters is fixing the reason and, where your status is at risk, acting before your leave lapses.

Get regulated advice

A refusal with your leave at risk needs proper advice

ILR refusals are fact-specific and time-sensitive. Speak to an adviser regulated by the Immigration Advice Authority or a solicitor — the register is free to search.

Related tools & guides

Fix the reason before you reapply.

ILR Eligibility Calculator

Recheck that you qualify before paying the fee again.

Open tool →

The 180-Day Absence Rule

The most common refusal reason, explained.

Read guide →

ILR Requirements

The full checklist to get right on reapplication.

Read guide →

ILR refused: frequently asked questions

Can I appeal an ILR refusal?
Usually not with a full appeal. Most ILR refusals carry only a right to administrative review, which checks whether the caseworker made an error. A full right of appeal to the First-tier Tribunal generally arises only where the application engaged human rights, such as a spouse or private life route refused on Article 8 grounds. Your refusal letter states exactly which challenge rights you have, so check it carefully before deciding.
What is an administrative review for ILR and how much does it cost?
An administrative review asks the Home Office to reconsider a refusal on the basis that a caseworker made an error. It costs £80 and must be requested within 14 calendar days if you are in the UK (28 days from overseas). A different officer reviews your original application, but you cannot submit new evidence. If the review succeeds because an error is found, the fee is normally refunded. It is the right route where the Home Office got something wrong, not where information was missing.
What are the most common reasons ILR is refused?
The most common reason is breaking the continuous residence requirement, usually by exceeding the 180-day absence limit. Others include not meeting the salary or financial threshold on work routes, missing or incorrect documents, an incorrectly completed application, and suitability or good character issues. Many refusals come down to evidence or absences rather than genuine ineligibility, which is why checking carefully before applying matters.
Can I reapply for ILR after a refusal?
Yes. There is usually no waiting period, so you can reapply once you have fixed the reason for refusal — for example by gathering the correct documents or waiting until your absences fall within the limits. However, you must pay the full application fee again, currently £3,226, because the original fee is not refunded. Where the refusal was caused by a simple documentation gap, reapplying is often faster and more reliable than administrative review.
What happens to my right to stay in the UK if ILR is refused?
This is the urgent part. If you applied before your existing visa expired, you usually had 3C leave protecting your status while the decision was pending. When ILR is refused, that 3C leave can come to an end, which may leave you without valid leave. Protecting your immigration status is the priority after a refusal, so check your position immediately and get advice, especially before your current leave lapses.
Does an ILR refusal affect future applications?
A refusal is recorded on your immigration history, but it does not by itself bar future applications. What matters is the reason: a documentation or absence issue can usually be fixed and a fresh application made, whereas a refusal involving deception or serious suitability concerns can have longer-lasting effects. Address the underlying reason fully before reapplying, and disclose the previous refusal honestly.
How this guide is produced

Our editorial and accuracy standards

ILR Calculator UK is an independent, free settlement-planning resource. This page is based on GOV.UK guidance on administrative review, appeals and ILR decisions, reviewed against the position in force on the date shown above. Read our full editorial standards.

A refusal where your leave may be at risk is exactly the kind of situation that needs personalised, regulated advice — this page cannot tell you which option is right for your case. Contact an adviser regulated by the Immigration Advice Authority (IAA) or a solicitor listed on the Law Society’s Find a Solicitor register.