If your ILR application is refused, you are not immediately required to leave the UK. Depending on how you applied, you may be able to request an administrative review, reapply, or remain under Section 3C leave while challenging the decision. Your options depend on the reason for refusal and your current immigration status.
Key Facts at a Glance
| Fact | Detail |
|---|---|
| Administrative review deadline | 28 days from refusal date (in-country) |
| Admin review deadline in detention | 7 days |
| Can you stay while reviewing? | Yes — Section 3C leave continues |
| Can you reapply? | Yes — once the refusal reason is addressed |
| ILR fee if refused | £3,226 not automatically refunded |
| Right of appeal | Limited — most ILR refusals use admin review, not appeal |
Quick Overview
✅ An ILR refusal does not mean you must leave the UK immediately
✅ Administrative review is available for most in-country refusals — 28-day window
✅ Section 3C leave continues while an administrative review is pending
⚠️ Administrative review checks for caseworker error only — it is not a full appeal
⚠️ If refused on good character grounds, reapplying is more complex — get legal advice
📌 Your refusal letter will state the specific reason — read it carefully before taking any action
📌 The ILR application fee is non-refundable if refused on merit
💡 Most ILR refusals are for fixable reasons — a refusal is not the end of the process
An ILR refusal is serious — but not the end for most people. The refusal letter tells you exactly why the application failed. That reason determines your next step.
For a full list of the most common reasons ILR is refused, see ILR refusal reasons 2026.
What Happens Immediately After Refusal?
When your ILR application is refused, you receive a refusal letter from the Home Office. This letter:
- States the specific reason or reasons for refusal
- Tells you whether administrative review is available
- Gives you the deadline to request a review
- Confirms your current immigration status
Read the letter in full before doing anything else. Do not act on assumptions — act on what the letter says.
Administrative Review — Your First Option
Administrative review is a process where a different Home Office caseworker checks the original decision for errors. It is not a full appeal. It only considers whether the decision was made correctly under the Immigration Rules.
You can request administrative review if:
- The refusal letter says it is available
- You are in the UK when the decision is made (in-country refusal)
- You apply within 28 days of the refusal (7 days if in detention)
While the review is pending:
If you applied for ILR before your existing leave expired and are on Section 3C leave, that leave continues during the review period. Your right to work and remain in the UK is not immediately affected.
The outcome:
The reviewing caseworker either upholds the original refusal or grants ILR. If upheld, you receive a second refusal and must consider reapplying or leaving.
Reapplying After an ILR Refusal
You can reapply for ILR after a refusal. The key is identifying and fixing the specific reason before submitting a new application.
| Refusal Reason | Can You Reapply? |
|---|---|
| Missing document | Yes — submit the correct document and reapply |
| Life in the UK test not passed | Yes — pass the test and reapply |
| English language test missing | Yes — obtain the test result and reapply |
| Absence rule exceeded | Yes — once your qualifying period is met with correct absences |
| Good character concern (minor) | Possibly — get legal advice first |
| Good character concern (serious) | Specialist advice essential |
| Continuous residence broken | Legal advice needed |
If the reason is a missing document or a failed test, you can often reapply quickly. If the issue is good character, the situation is more complex.
Good Character Refusals — A Special Case
A refusal on good character grounds is more serious than a document or absence issue. It may involve:
- A criminal conviction
- A police caution
- A civil penalty (for example, a fine for employing unlawful workers)
- Previous immigration violations
Good character refusals do not permanently bar you from ILR in most cases. But the rules and waiting periods vary depending on the specific issue.
Get specialist immigration legal advice immediately if your ILR was refused on good character grounds. See what disqualifies you from British citizenship — the good character standards for ILR and citizenship overlap significantly.
Section 3C Leave After a Refusal
If you applied for ILR before your existing leave expired, Section 3C leave continues:
- During the 28-day administrative review window (whether or not you request a review)
- While an administrative review application is pending
Once the review window closes without an application, or once a review decision is issued, Section 3C leave ends. At that point, if there is no other valid leave, you are in the UK without permission.
Do not travel internationally if your ILR was refused and you are relying on Section 3C leave. Leaving the UK ends Section 3C leave immediately — you may not be able to return.
Common Mistakes
❌ Missing the 28-day review deadline The deadline for requesting administrative review is firm. Missing it means losing the right to review entirely. Note the deadline from the refusal letter and act immediately.
❌ Travelling outside the UK after refusal If you leave the UK while on Section 3C leave, that leave ends. You may not be able to return. Do not travel internationally after a refusal without taking legal advice first.
❌ Reapplying without addressing the refusal reason Submitting the same application with the same documents and circumstances will result in another refusal. Identify the exact issue. Fix it. Then reapply.
❌ Assuming an ILR refusal is permanent Most refusals are for fixable reasons — missing documents, absence issues, or test results. These can be resolved. Only serious good character issues create long-term barriers.
❌ Not getting legal advice for good character refusals A good character refusal requires specialist advice. The rules are complex. Mishandling a reapplication can make the situation worse.
Expert Tips
1. Read the full refusal letter before deciding anything. The specific reason is the most important information you have. Do not guess — act on what is written.
2. Request administrative review even if you plan to reapply. A review is faster and costs less than a full new application. If it succeeds, your ILR is granted immediately. If it fails, you can still reapply — you have lost nothing.
3. Keep Section 3C leave intact while you assess your options. Do not travel after a refusal if you are on Section 3C leave. Preserve your right to stay while deciding your next step.
4. Your qualifying period is not reset by a refusal. A refused application does not restart your 5-year qualifying period. Your time already served counts — you just need to fix the issue and reapply.
Frequently Asked Questions
What should I do first if my ILR is refused?
Read the refusal letter in full. Identify the specific reason. Note the 28-day administrative review deadline. Do not travel internationally if you are on Section 3C leave. Get legal advice if the refusal is on good character grounds.
Can I stay in the UK after an ILR refusal?
In most cases, yes — if you applied for ILR before your leave expired, Section 3C leave continues while the review window is open or a review is pending. Once that ends, you need valid leave to stay. Get legal advice about your options before that point.
Is an ILR refusal permanent?
No. Most refusals are for reasons that can be fixed — missing documents, absence issues, or test results. You can reapply once the issue is resolved. Serious good character issues are harder to overcome, but rarely permanent.
What is administrative review for ILR?
A different Home Office caseworker checks whether the original decision was made correctly under the Immigration Rules. It is not a full appeal — it checks for casework error only. You must apply within 28 days of the refusal.
What happens if my ILR is refused on good character grounds?
Get specialist immigration legal advice immediately. The outcome depends on the specific issue — some have waiting periods, others require evidence of rehabilitation. Do not reapply without professional guidance.
How This Aligns With Official Guidance
ILR refusal procedures, administrative review rights, and Section 3C leave are set out in the Immigration Rules and the Immigration Act 1971. The Home Office publishes administrative review guidance and refusal letter templates on GOV.UK.
Official Resources
- Administrative review — GOV.UK — how to request a review of a Home Office decision
- Indefinite Leave to Remain — GOV.UK — ILR eligibility and application requirements
Our Free Tools
If you are preparing to reapply after a refusal, check your absences with the absence calculator and confirm every document with the ILR checklist before submitting again.
The Life in the UK test must be passed before applying for ILR. Use the free practice questions to prepare — aim for 21 or more consistently before booking.
Last reviewed: May 2026 — figures correct at time of publication. Always check GOV.UK for the latest administrative review procedures and timelines.