Top Reasons For ILR Refusal

25/03/2021
Top Reasons For ILR refusal

In this post we will look at the top reasons for ILR refusal by the Home Office. Although this list is not exhaustive and there are many other reasons for refusal, these are the most common grounds.

Part 9 of the Immigration Rules discusses the grounds for refusal. Where an applicant does not meet the suitability requirements of the immigration route they are applying for, their application might fall for refusal under the Immigration Rules. 

The Secretary of State has outlined that decisions on suitability grounds are either mandatory or discretionary. For example, if an applicant meets some of the mandatory grounds for refusal, their application must be refused and if an applicant meets the discretionary grounds for refusal, their application may be refused. 

Below are mentioned Top Reasons For ILR Refusal. 

  1. Starting with a mandatory ground for refusal based on criminality grounds. Section 9.4.1 of the Immigration Rules part 9 state that an individual’s application must be refused if the applicant has been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of 12 months or more, they are persistent offender or has committed a criminal offence, or offences, which caused serious harm. If an applicant’s presence is not conducive to the public good because of their character, conduct or they have been convicted of a serious criminal offence, their application for Indefinite Leave to Remain must be refused. 
  1. A discretionary ground for refusal is if the individual has made false representations, provided false documents, false information in support of their application or failed to disclose relevant facts in relation to their application. This refusal ground is stated in 9.7.1 of the Immigration Rules part 9. 
  1. Another discretionary ground for refusal is if an applicant fails to provide required information. If the applicant fails to provide a reasonable excuse to comply with a reasonable requirement, for example to attend an interview or provide further information to support their visa application, the Secretary of State may refuse applicant’s application to remain in the UK as mentioned in 9.9.1 of the Immigration Rules part 9. 
  1. Further discretionary ground for refusal is if an applicant has been involved in a sham marriage or sham civil partnership. The application may be refused if the applicant has entered or attempted to enter a sham marriage or sham civil partnership to evade immigration control as stated in 9.6.1 of the Immigration Rules part 9.
  1. Subsequent discretionary ground for refusal is if the applicant ceases to meet the requirements and criteria of the rules under which they are applying for as referred in 9.23.1 of the Immigration Rules part 9. 
  1. An application for permission to stay may be refused where the applicant has failed to pay charges to the NHS and the value of the outstanding charges is at least £500 as stated in 9.11.1 of the Immigration Rules part 9.

Now that you have learned the top reasons for refusal of an ILR application it is always advised to get professional help with your application. Considering the fee that is charged by the Home Office.

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