In today’s Blog, we will inform you about the new guidance issued by the UK government for indefinite leave to remain (ILR) applicants whose applications have been rejected.
The UK Home Office has declined applications for indefinite leave to remain (ILR) where the candidate usually did not fulfil the specific requirements.
This Has Often Left Candidates Without Legal Immigration Status In The UK.
New directions now state that caseworkers should modify an ILR application and give the candidate an extension given that they would meet all the conditions of such an application.
This Direction Is Applicable To The Following Visa Categories:
- Appendix Settlement Family Life
- Appendix Private Life
- Appendix Innovator
- Appendix FM
- Appendix Hong Kong British National (Overseas)
Providing an extension instead of refusing ILR is better for the candidate as they do not need to arrange a new application with all the related paperwork and charges. One thing that the candidate is required to do in these circumstances is to pay the Immigration Health Surcharge, which is needed for extension applications, but not for ILR applications.
While this legislation will help many candidates who would otherwise have more of an issue ensuring that they can legitimately remain in the UK, it is essential to keep in mind that there is no right to challenge or administrative review when the ILR application is varied. But, the caseworker can contemplate new information provided by the candidate if the candidate feels that the decision to modify their application was incorrect and they instead qualify for ILR.
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