Indefinite Leave to Remain (ILR): Application Mistakes

Securing Indefinite Leave to Remain (ILR) in the UK is a significant step towards permanent residency and subsequently British Citizenship. However, the application process is complex, and even small mistakes can lead to delays, refusals, or, in some cases the need to appeal a decision or restart the process. In this post, we discuss the most common mistakes applicants make when applying for Indefinite Leave to Remain in the UK.

1. Incomplete or Incorrect Application Forms

A frequent reason for ILR application rejections is the submission of incomplete or inaccurate application forms. Applicants must complete the correct forms, such as Form SET(O) or SET(M), depending on their visa category, that ask for detailed information about their personal, immigration, and employment history. Errors in personal details, such as incorrect passport numbers or outdated contact information, are common, as are omissions related to visa history or absences from the UK.

Submitting incorrect or incomplete information can lead to outright rejection of the application, resulting in lost fees and time. Even minor errors can delay the process, as the Home Office may request additional documentation or clarification.

In the long run, repeated mistakes can affect future immigration applications, including citizenship, as discrepancies in personal data across different applications may raise red flags.

2. Failure to Meet the Continuous Residence Requirement

A critical requirement for ILR is maintaining continuous residence in the UK, meaning that applicants must not be absent from the UK for more than 180 days in any 12 months during their qualifying period (usually five years) for SET(O) application. Many applicants fail to track their absences accurately, exceeding the allowable limit without providing valid justification.

If the continuous residence requirement is not met, the ILR application may be rejected. Exceeding the 180-day limit without proper evidence of exceptional circumstances, such as a medical emergency or unavoidable work commitments, can result in having to restart the qualifying residency period, thus delaying the applicant’s route to permanent residency and eventual citizenship.

To discuss your application for Indefinite Leave to Remain in the UK with an experienced immigration adviser, contact our professional team on 0208 757 5751 or use our contact form.

3. Failure to Meet the Financial Requirements

Many ILR applicants, particularly those applying under family or work-related routes, must meet specific financial requirements per the relevant Immigration Rules. These requirements typically include demonstrating ongoing employment, a stable income or sufficient savings to support oneself and any dependents without relying on public funds. A common error is providing inadequate or incomplete financial evidence, such as missing payslips or bank statements. Other mistakes include miscalculating income thresholds or submitting evidence from unauthorised sources.

Failing to meet financial requirements will lead to an application refusal. Furthermore, submitting inadequate financial evidence can cause extended processing times as the Home Office requests further information. In some cases, applicants may face more serious consequences, such as legal repercussions, if they have misrepresented their financial situation.

4. Insufficient or Incorrect Supporting Documentation

Submitting insufficient or incorrect documentation is another common reason for ILR application failures. The Home Office requires applicants to provide specific evidence to prove their identity, residency, employment, and compliance with visa conditions. Common mistakes include submitting expired or incomplete documents, failing to provide sufficient proof of residency (such as utility bills or tenancy agreements), or not including adequate documentation to demonstrate continuous employment.

In such cases, the Home Office may delay processing as they request additional documents or clarification. Missing critical documents can lead to outright rejection of the application. 

5. Failure to Disclose Breaches in Law

A crucial aspect of any immigration application, including Indefinite Leave to Remain (ILR), is the requirement for full disclosure of any past breaches of the law. Applicants are expected to be fully transparent about any criminal convictions, breaches of immigration laws, or civil offences. Even driving offences or traffic violations may adversely affect your immigration status. 

Failing to disclose such breaches—whether intentional or due to misunderstanding—can have serious consequences for an ILR application. Complete disclosure is advised, as a failure to disclose may be deemed as deception. 

6. Failing the English Language and Life in the UK Test Requirements

Unless an exemption applies, most applicants are required to demonstrate their English language proficiency and pass the Life in the UK Test. Neglecting these requirements, or failing to provide proof of them, will result in automatic refusal of the application. Applicants often overlook the need to take an approved English language test or provide evidence of passing it at the required level (B1 CEFR or higher). 

Without the proper language proficiency certificate or proof of passing the Life in the UK Test, the Home Office will reject the application, which could significantly delay the process. Retaking tests may also incur additional costs, further complicating and delaying the application process.

7. Changes in Immigration Rules

UK immigration laws and regulations are frequently updated, and applicants must ensure their ILR application complies with the current rules. A common mistake is submitting applications based on outdated guidance, financial thresholds, or residence requirements. Some applicants fail to stay informed about changes that affect specific visa categories or document requirements.

Submitting an application that does not align with the latest immigration rules will almost certainly result in rejection. Changes to the Immigration Rules can affect key eligibility criteria, the type of evidence required, or even processing times. Failing to comply with updated rules can lead to delays or the need to restart the application process altogether, adding stress and potentially prolonging the applicant’s immigration status.

A well-prepared application can significantly impact the processing time for an ILR application. The standard UKVI processing time is up to 6 months, though applicants may often pay for a faster decision. After obtaining ILR, it’s important to be familiar with the rules, as ILR status can still be lost under certain circumstances.

The application process involves applying online and then attending an appointment to submit your biometric information, applicants should be aware of the recent changes to the UK Visa and Citizenship application centres to the new service provider TLScontact.

How we can help

The ILR application process is highly detailed and requires compliance with immigration rules. Mistakes may lead to serious consequences, including delays or refusals. 

For assistance with your ILR application, Whytecroft Ford offers expert advice and assistance tailored to your circumstances. For professional legal advice and support throughout your application process, contact us at 0208 757 5751 or use our contact form.

Frequently Asked Questions

We discuss more FAQs in a recent post – Indefinite Leave to Remain FAQs.