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ILR refused: what happens to your status

Refusal of indefinite leave to remain (ILR) does not by itself tell you how long you can stay: that depends on whether your current permission has expired and whether you applied before it did. If you did, section 3C of the Immigration Act 1971 extends your leave while a review or appeal could be brought or is pending. A new application made within 14 days of the refusal, or of the review or appeal window ending, is not treated as overstaying (SUI 13.1).

A refused ILR application is different from other refusals because the person has usually lived in the UK lawfully for years and has a job, a family and a home here. The first questions are practical: am I still allowed to stay, for how long, can I work, and what is the deadline for doing something about it?

This guide explains what the rules say about status after a refusal, the remedies that exist for settlement decisions, the overstaying rules that start running after section 3C leave ends, the common causes of ILR refusals in the Rules' own terms (with worked arithmetic for absences), and the money involved. It draws on GOV.UK's ILR and long residence pages, Appendix Skilled Worker, Appendix Continuous Residence, Appendix Administrative Review, Part Suitability, section 3C of the Immigration Act 1971 and the fee table, all read on 9 October 2026. It explains how the rules work. It does not say what to do in a particular case.

Why ILR applications are refused: the rules' own headings

ILR requirements differ by route, so the refusal letter is the key document. The paragraphs it cites will come from Appendix Skilled Worker (SW 19 onwards for settlement as a Skilled Worker), Appendix Settlement Family Life, Appendix Long Residence or another route appendix, plus Appendix Continuous Residence and Part Suitability. Taking Skilled Worker settlement as an example, because its requirements are written out in full, the headings are:

  • Validity (SW 19). The applicant must apply online on the specified form (SET(O)), pay the fee, give biometrics, provide a passport and be in the UK on the date of application. A defective application can be rejected as invalid and not considered (SW 19.4), which is different from a refusal.
  • Suitability (SW 20). The applicant must not fall for refusal under Part Suitability, and must not be in breach of immigration laws or on immigration bail except where the overstayer exceptions apply.
  • Qualifying period (SW 21). A continuous period of 5 years in the UK on the listed routes. Time as a dependant does not count; GOV.UK says the same.
  • Continuous residence (SW 22). Meeting Appendix Continuous Residence for the 5-year period.
  • English and Life in the UK. SW 23 requires the knowledge of life in the UK requirement; GOV.UK says people aged 18 to 64 must book and pass the Life in the UK Test. GOV.UK's ILR page says you do not need to prove English again for this route because you did so for your visa; SW 22A.1 adds that for applications made on or after 26 March 2027, applicants must show English at B2 in speaking and listening unless an exemption applies.
  • Sponsor and salary (SW 24). The sponsor named on the most recent permission must still be approved by the Home Office on the date of decision; the sponsor must confirm it still needs the applicant and that the salary is and will be at least the required amount. For most cases that is £41,700 a year and the going rate, with lower figures such as £33,400 where the job is on the Immigration Salary List.

GOV.UK also says you can apply no more than 28 days before you reach the qualifying period, and your application "may be refused if you apply earlier". It also says not to wait for your visa to expire: if it expires before you can apply for ILR, you have to renew it first.

Absences: the 180-day rule with numbers

Appendix Continuous Residence, paragraph CR 3.1, says an applicant must not have been outside the UK for more than 180 days in any 12-month period. The counting is done back from whichever date is most beneficial to the applicant: the date of application, any date up to 28 days after it, or the date of decision (CR 1.1).

Here is an illustration of the arithmetic, not a view on any case. Suppose someone spends 70 days abroad in February and March and, within the same 12-month window, 120 days abroad in October and November. Together that is 190 days inside one 12-month period, which exceeds 180. Splitting the same trips into two separate 12-month windows would give 70 and 120, each under the limit. The rule looks at every 12-month window, not at calendar years, so the dates of each trip matter.

Some absence does not count (CR 3.4): assisting with a national or international humanitarian or environmental crisis (if on a sponsored route, with the sponsor's agreement), travel disruption caused by natural disaster, military conflict or pandemic, and compelling and compassionate circumstances such as the life-threatening illness of the applicant or a close family member. Time spent without permission when it was needed is not lawful presence (CR 2.1(d)), and periods in prison or detention, or under a deportation or exclusion order, also do not count (CR 2.1).

GOV.UK's Long Residence page says different limits (184 days in a row and 548 days in total) apply to periods abroad that began before 11 April 2024, and that up to 180 days in any 12-month period is the limit otherwise.

Also watch travel after you apply: GOV.UK says you must not travel outside the UK, Ireland, the Channel Islands or the Isle of Man until you get a decision, or the application will be withdrawn.

Your status after a refusal

What status you have depends on two dates: when your current permission expires, and when you applied.

If you applied before your permission expired. Section 3C of the Immigration Act 1971 applies if you hold limited leave, applied for variation before the leave expires, and the leave expires before the application is decided. Your leave is then extended on the same conditions during any period when:

  • the application is undecided and not withdrawn;
  • an appeal under section 82(1) of the 2002 Act could be brought, or is pending, from within the UK; or
  • an administrative review could be sought or is pending.

Section 3C(3) says the extended leave lapses if you leave the UK, and section 3C(4) says you cannot make a different application to vary leave while the extension lasts, although you can vary the pending application. Section 3C(3A) allows the leave to be cancelled for breach of a condition or deception.

If you applied early with time left on your permission. GOV.UK encourages applying up to 28 days before you qualify, not waiting for your visa to expire. In that case your existing permission still has an expiry date. The pages read do not say a refusal cancels leave that has not yet expired; they say what section 3C adds once it does. The decision letter or your eVisa shows your current expiry date, and that date matters more than the refusal itself.

If your permission expired and no review or appeal is possible. Then there is no extension, and Part Suitability applies. SUI 11.4(a) treats overstaying as a breach of immigration laws. SUI 13.1(b) says an applicant is not treated as an overstayer if the new application was made after the refusal of an in-time application and within 14 days of the refusal, or of the end of leave extended by section 3C, or of the end of the period for an administrative review or appeal, or of a review or appeal concluding, being withdrawn, abandoned or lapsing.

That 14-day window is the single most time-critical fact in this guide. SW 20.2 requires an ILR applicant not to be in breach of immigration laws, so a gap of more than 14 days can matter to every application that follows.

Remedies for a settlement refusal

Administrative review. Appendix Administrative Review lists routes by appendix in AR 1.1, and includes Appendix Skilled Worker, Appendix Global Talent, Appendix Innovator, Appendix UK Ancestry, Appendix Scale-up, Appendix Hong Kong British National (Overseas), Appendix Victim of Domestic Abuse and Appendix ECAA Settlement, among others. The list as read does not name Appendix Settlement Family Life or Appendix Long Residence. Settlement as a Skilled Worker sits inside Appendix Skilled Worker (SW 19 onwards), but whether your own refusal can be reviewed is for the letter to say, and it will say. Where review is available: £80, online, 14 days from receiving the decision if you were in the UK, 7 days if detained. The reviewer checks only whether the rules or guidance were wrongly applied, on the original application, and new evidence is considered only in narrow cases (AR 3.3). See our administrative review guide.

Appeal. Section 82(1) of the Nationality, Immigration and Asylum Act 2002 gives a right of appeal against refusal of a protection claim, a human rights claim or revocation of protection status. A refusal that the Home Office treats as a refusal of a human rights claim, for example one decided on family or private life grounds, falls under section 82(1)(b); the letter says whether that is the case, and an ordinary refusal on the route requirements is not one. The notice must reach the tribunal within 14 days if you are in the UK; the fee is £82 without a hearing or £144 with one. Our First-tier Tribunal guide covers the process.

A new application. If the refusal was because a requirement was missing at the date of application, a new application made once the requirement is met is possible. If the refusal turned on a fact that cannot change (for instance absences already taken), a new ILR application is assessed on the same facts. Other applications exist: GOV.UK's Long Residence page shows ILR at £3,226 and "leave to remain" on the same ground at £1,407, and the fee table shows Skilled Worker extensions inside the UK at £943 (3 years or less) or £1,865 (more than 3 years). Whether any of these fits is a question for an adviser who has the full file.

Judicial review. For unlawful decisions only, in the Upper Tribunal; it must be started no later than 3 months after the decision, with a first-stage fee of £179.

Remember that a new application ends a pending administrative review: under AR 4.4 it is treated as withdrawn the day before. Leaving the UK also ends it (AR 4.3) and ends section 3C leave.

What ILR costs and how long it takes

The fee table sets ILR at £3,226 per person (main applicant and dependants), with an optional £500 priority service for a decision within 5 working days and a £1,000 super priority service for a faster decision still. The Life in the UK Test is £50. Biometrics are taken without a fee.

GOV.UK says a decision usually comes within 6 months of providing fingerprints and a photo. A family of four applying together, on the figures above, would pay £12,904 (4 × £3,226) for the standard service.

The pages read do not list a refund of the ILR application fee after a refusal.

For comparison, a Skilled Worker extension inside the UK costs £943 for a grant of 3 years or less or £1,865 for more than 3 years, plus the surcharge at £1,035 a year. Different routes have different rules; the point of the comparison is that "apply again for ILR" and "apply to extend" are different applications with different tests, fees and consequences, and which is available depends on the facts.

Partner and long residence routes

Routes other than Skilled Worker have their own paragraphs, so the same exercise of matching the letter to the Rules applies.

Partners and parents. GOV.UK's family ILR page says the earliest you can apply is 28 days before you meet the time requirement, and that the fee is £3,226 per person. If the financial requirement was not met, settlement after 10 years rather than 5 is the position stated on the family visa pages.

Long residence. GOV.UK says ILR and further leave on the same ground are different applications at £3,226 and £1,407, and that you may apply once all the eligibility requirements are met, without waiting for your visa to expire.

Everyone. Part Suitability applies to every route. Criminality, deception (SUI 9.1 requires refusal), false representations (SUI 10.1) and previous breaches can all produce refusals, and the paragraph cited in the letter says which.

When people use a regulated adviser

ILR refusals are one of the situations where people most often bring in a regulated adviser, because the status question has a short clock (14 days for review, 14 days for the overstayer exception) and the choice between review, appeal, new ILR application and a different application depends on the exact paragraphs cited. A typical engagement starts with a review of the refusal letter, the application and the immigration history, followed by a written client care letter. GOV.UK's adviser guidance says an IAA Level 2 adviser can have a visa decision reviewed and that only a Level 3 adviser can appear for you at a tribunal; solicitors and barristers can do both.

The Migratio directory lists IAA-registered advisers (with their level) and SRA-regulated solicitors, each with their regulator and registration number. Migratio is not regulated by the IAA or the SRA and does not give immigration advice. This page explains how the rules work; it does not tell you what to do in your case.

Questions people ask

Can I stay in the UK if my ILR application is refused?

It depends on whether your current permission has expired. If you applied before it expired, section 3C of the Immigration Act 1971 extends it while a review or appeal could be brought or is pending. If neither is possible or pending, the extension ends and the overstaying rules apply, with a 14-day exception in SUI 13.1 for a new application.

Can I ask for an administrative review of an ILR refusal?

Only where the route is on the list in Appendix AR 1.1. Appendix Skilled Worker, which contains the Skilled Worker settlement rules, is on the list; Appendix Settlement Family Life and Appendix Long Residence are not named. The decision letter should say whether a review is available. The fee is £80 and the deadline is 14 days in the UK.

What is the 180-day rule for ILR?

Paragraph CR 3.1 of Appendix Continuous Residence says you must not have been outside the UK for more than 180 days in any 12-month period. Absences for humanitarian crises, travel disruption or compelling and compassionate circumstances are disregarded under CR 3.4.

How much does ILR cost in 2026?

£3,226 per person on the Home Office fee table of 8 October 2026, with an optional £500 priority service and £1,000 super priority service. The Life in the UK Test is £50. GOV.UK says a decision usually comes within 6 months of giving biometrics.

Can I travel after applying for ILR?

GOV.UK says you must not travel outside the UK, Ireland, the Channel Islands or the Isle of Man until you get a decision, or your application will be withdrawn. Leaving the UK also ends section 3C leave and any pending administrative review.

How early can I apply for ILR?

GOV.UK says up to 28 days before you meet the qualifying period, and that an earlier application may be refused. It also says not to wait for your current visa to expire: if it expires before you can apply for ILR, you need to renew it first.

Sources

Last checked 2026-10-09.

Related guides

  • UK visa refused: appeal, administrative review or reapply? — Your refusal letter says whether you can ask for an administrative review (£80; 14 days in the UK, 28 days outside, 7 if detained) or appeal to the First-tier Tribunal (£82 or £144; 14 or 28 days). Appeals are only for refused protection or human rights claims and a few other decision types. Making a new application withdraws a pending administrative review.
  • Administrative review of a UK visa refusal — Administrative review is a Home Office check of whether a refusal was caused by a caseworking error. It costs £80 and must be requested online within 14 days if you were in the UK, 28 days if you applied from outside, or 7 days if detained. It only covers routes listed in Appendix AR, usually ignores new evidence, and GOV.UK says results can take 12 months or more.
  • Immigration appeal to the First-tier Tribunal — You can only appeal to the First-tier Tribunal (Immigration and Asylum Chamber) if the decision carries a right of appeal, mainly a refused protection claim, a refused human rights claim, or a revoked protection status. The fee is £82 without a hearing or £144 with one, and the notice of appeal must reach the tribunal within 14 days if you are in the UK or 28 days if you are outside it.
  • Section 3C leave: your status while a decision is pending — If you apply to extend or change your UK leave before it expires, section 3C of the Immigration Act 1971 extends that leave on the same conditions until the application is decided, and while an appeal or administrative review is possible or pending. It does not apply to late or invalid applications, and it ends if you leave the UK.
  • Overstayed your UK visa: what the rules say — Overstaying means staying after your permission has ended. Under Part Suitability a short gap can be disregarded in limited cases (an application within 14 days with a good reason beyond your control, or after an in-time application was refused or rejected). Overstayers have no right to work, rent or claim benefits, and leaving can trigger re-entry bans of 12 months to 10 years.
  • ILR fee in 2026: £3,226 per person and extras — Indefinite leave to remain (ILR) costs £3,226 for each person applying, and the Home Office fee table of 8 October 2026 shows no change from the current fee. Most applicants aged 18 to 64 also pay £50 for the Life in the UK Test, and can pay £500 or £1,000 more per person for a faster decision where the application type allows it. There is no health surcharge for ILR.
  • ILR absences: the 180-day rule explained — For most routes to indefinite leave to remain, the Rules say you must not have been outside the UK for more than 180 days in any 12-month period, counted on a rolling basis for permission granted since 11 January 2018. A short list of absences does not count, and time on long residence before 11 April 2024 follows older limits.