If your ILR application is refused, do not assume that an appeal or a fresh application is automatically the right next step. Save the complete decision letter, note when you received it, and use the remedy and deadline stated in that letter. Before you travel, request your passport, or submit another application, check whether doing so would end an administrative review or affect any Section 3C leave you currently have.
Secure the decision and your application record first
A refusal is a decision about the application the Home Office actually received. You therefore need two records: the decision itself and a reliable copy of what was submitted.
Save the refusal letter in its original format and record the date and time it arrived. If it came by email, keep the email headers and attachments. Then collect the submitted form, document checklist, payment confirmations, biometric confirmation, uploaded files, correspondence, and any requests for further evidence. If an adviser filed the application, ask for the complete submission bundle rather than a summary.
Do not edit the original files. Make a working copy and build a short table with four columns: each refusal reason, the rule or requirement cited, the evidence the decision says was considered, and the evidence that was actually submitted. This separates a possible caseworking error from a requirement that was not met or evidence that became available only later.
Let the refusal letter determine the remedy
The letter should identify whether you can ask for an administrative review, bring an appeal, or use another route. It should also state the relevant deadline. The options are not interchangeable.
| Possible next step | What it is designed to address | What to confirm before using it |
|---|---|---|
| Administrative review | A permitted caseworking error in an eligible decision | The letter gives a right to review, the deadline is still open, and your grounds focus on how the original decision was made |
| Appeal | A decision carrying a statutory appeal right | The letter gives an appeal right, the deadline and tribunal route are clear, and the grounds fit that appeal |
| Reconsideration request | A limited request for certain in-country decisions when rules or policy may not have been followed | No appeal or administrative-review right exists and the decision falls within the narrow GOV.UK criteria |
| Fresh application | A new application assessed on its own form and evidence | You remain eligible, can lawfully apply, and understand what a new application will do to any pending challenge or Section 3C leave |
| Judicial review | A court challenge to the lawfulness of a public decision | Specialist legal advice confirms that this exceptional route is appropriate |
This is why a generic statement such as "ILR refusals can always be appealed" is unsafe. The First-tier Tribunal overview lists the kinds of immigration decisions that carry appeal rights. Your own decision letter remains the practical starting point.
Administrative review is a check for caseworking error
For an eligible in-country refusal, GOV.UK's administrative-review service says the refusal letter will tell you whether review is available. The usual deadline is 14 days after receiving the decision, or 7 days if you were detained when you received it. The fee is GBP 80.
An administrative review asks the Home Office to examine whether a permitted caseworking error affected the original decision. It is not simply a second application with a new evidence bundle. Good grounds identify the disputed finding, the evidence or rule already before the decision-maker, the alleged error, and the result that should follow if the error is corrected.
The current GOV.UK page says an administrative-review decision can take 12 months or more, with an update if no decision is received within 6 months. That published estimate can change, so check it again when acting.
Do not run an administrative review and a fresh application as if they were parallel insurance policies. GOV.UK says a review will be withdrawn if you make another immigration or visa application, request your passport for travel, or leave the UK. If speed matters, compare that delay with the legal and status consequences of reapplying before choosing.
An appeal is available only when the decision carries an appeal right
An appeal asks an independent tribunal to decide a case within its jurisdiction. It is not the standard remedy for every ILR refusal. Human-rights, protection and certain other decisions may carry appeal rights, but the precise route depends on what the Home Office decided and how the claim was framed.
Read the appeal section of the refusal letter carefully. Record the deadline, whether the appeal is in-country, and the decision being challenged. An appeal may involve evidence and legal arguments beyond the narrow caseworking-error focus of an administrative review, but that does not make it available when the letter gives no appeal right.
If the letter is unclear, appears internally inconsistent, or the deadline is close, obtain regulated advice promptly. Do not rely on another applicant's route or refusal outcome as proof that you have the same right.
Reconsideration is a narrow fallback, not a general second review
A reconsideration request is neither an appeal nor an administrative review. GOV.UK limits it to specified in-country decisions and says it cannot be used when the applicant has a right of appeal or administrative review. It also sets specific restrictions on new evidence and says a request should be made as soon as possible, no later than 14 days after the decision.
Treat reconsideration as a route you verify against the published criteria and your decision letter, not as an informal email sent whenever another remedy looks difficult. A request can be rejected if the wrong process should have been used or if a new application has been made.
Check Section 3C leave before you travel or reapply
Section 3C can preserve existing permission while a valid, in-time application is undecided and, in defined circumstances, while an appeal or administrative review can be brought or remains pending. It does not create permission for everyone who receives a refusal.
The Home Office's Section 3C guidance explains that where Section 3C already arose from an in-time application and the refusal carries an administrative-review right, it can continue through the period for seeking review and during a timely review. If you did not already have Section 3C leave, merely being eligible to request review does not create it.
Where Section 3C applies, the conditions attached to the previous permission normally continue. That can include permission to work, along with the same limits on the type of work or hours. Do not convert that general rule into an individual right-to-work conclusion without checking your application date, previous permission, validity, decision, and any cancellation wording.
A fresh valid application made while administrative review is pending ends that review. The guidance also states that the related Section 3C leave ends the day before the fresh application is made. Leaving the UK can end Section 3C leave, and travel can also withdraw an administrative review. These interactions make "apply again immediately" a risky default.
Match each refusal reason to the evidence timeline
Once the remedy and status questions are controlled, test each refusal reason against the record.
Evidence was submitted but apparently overlooked
Locate the exact uploaded file, its filename, upload confirmation, relevant page, and the statement it supports. Compare that with the wording in the refusal. This may point towards a caseworking-error argument, but only if the chosen remedy permits it and the evidence was actually before the decision-maker.
Evidence was missing, weak or obtained later
Do not describe later evidence as something the original decision-maker ignored. A fresh application may be the more natural place for genuinely new material, but eligibility, immigration status, fees, timing, and the effect on a pending review all need to be checked first.
The decision says a route requirement was not met
Recalculate the relevant qualifying period, absence record, salary test, relationship requirement, English evidence, or other route condition using the rule version that applied on the application date. If the refusal reflects a real eligibility gap, repeating the same application will not correct it.
The refusal alleges deception, false representation or criminality
These findings can affect more than the current application. Preserve the complete wording and the evidence relied on, and seek advice before making admissions, explanations, or another application. A rushed response can create inconsistencies that are difficult to correct later.
Build a concise action file for regulated advice
Even when you plan to act yourself, a structured case file makes any advice faster and more useful. Include:
- the full refusal letter and proof of when it was received;
- the submitted form and every uploaded document;
- a chronological immigration and application timeline;
- a table matching each refusal reason to the original evidence;
- your current passport, immigration status and work position;
- any immediate travel, employment or family deadline; and
- the remedy and deadline stated in the decision.
Use the GOV.UK adviser search to check that an immigration adviser is registered with the Immigration Advice Authority or belongs to an approved professional body. Ask the adviser to explain not only which option they recommend, but what happens to your current status and any other remedy when that option is filed.
This article is independent general information, not immigration or legal advice. A refusal can change a person's permission, work position and deadline in ways that depend on the exact application history.
The next decision is a trade-off between error, evidence, time and status
Administrative review may be appropriate when the original record supports a focused caseworking-error challenge, but the current published wait is long. A fresh application may allow corrected or new evidence, yet it can terminate a pending review and related Section 3C leave. An appeal can consider a different legal question, but only when a right exists. Reconsideration is narrower still.
The decisive variables are therefore not simply which route looks fastest. They are whether the refusal is factually or legally wrong, whether the necessary evidence existed at the time, which remedy the decision grants, what permission you hold now, and what another filing or travel would end. Recheck the live guidance and the decision letter at the point of action because fees, service times and process rules can change.
Frequently asked questions
Can I appeal every ILR refusal?
No. An ILR refusal does not automatically carry a tribunal appeal right. The available remedy depends on the type of decision and any human-rights, protection or other claim involved. Read the remedy section of your refusal letter first. It should say whether you can appeal, request administrative review, or use another process, and it should give a deadline. If the wording is unclear or the deadline is close, obtain regulated immigration advice before filing anything.
How long do I have to request an administrative review?
For an eligible in-country refusal, the usual GOV.UK deadline is 14 days after you receive the decision. It is 7 days if you were detained when you received it. Your refusal letter should confirm whether administrative review is available and how to apply. Record exactly when the letter arrived and do not wait for missing documents before checking the deadline. A late request has different consequences and should not be treated as preserving Section 3C leave automatically.
Can I submit a new ILR application while administrative review is pending?
You can make another application only if you are eligible and able to apply lawfully, but it is not a harmless parallel step. A fresh application ends a pending administrative review, and Home Office guidance says related Section 3C leave ends the day before the fresh valid application is made. Compare the alleged error, any genuinely new evidence, your current permission, fees, and timing before choosing. Regulated advice is especially important if your previous leave has expired.
Can I keep working after my ILR application is refused?
Possibly, but refusal by itself does not answer the question. If a valid, in-time application had already extended your previous permission under Section 3C, that leave can continue while an eligible administrative review or appeal can be brought and while it is pending. The previous work conditions normally continue too. If Section 3C never arose, a review right does not create it. Check the dates, application validity, previous conditions, decision wording, and any cancellation before working.
Should I reapply if the Home Office missed a document?
Not automatically. First prove that the document was actually submitted and available to the decision-maker by locating the uploaded file, confirmation, filename and relevant page. If the refusal appears to overlook evidence already in the record, an available administrative review may address a caseworking error. If the document was missing or created later, a fresh application may fit better. The choice also affects deadlines, fees, immigration status and any pending review, so assess those consequences first.
What documents should I take to an immigration adviser after refusal?
Take the complete refusal letter, proof of when it arrived, the submitted application form, document checklist, every uploaded file, payment and biometric confirmations, and all Home Office correspondence. Add a chronological immigration timeline and a table matching each refusal reason to the evidence you submitted. Include your current passport, permission and work conditions, plus any urgent travel, employment or family deadline. This lets the adviser assess both the refusal grounds and the consequences of each remedy.
