Settlement applications, and what to do if they are refused
We prepare applications for indefinite leave to remain across the principal routes and act where settlement has been refused or delayed.
Applications
Indefinite leave to remain is among the most expensive applications the Home Office decides, and the fee is not refunded if the application is refused. The issues that most often cause difficulty are continuous residence, absences from the United Kingdom, gaps in lawful leave and incomplete evidence. We assess eligibility before you apply and prepare an application that addresses those issues directly, rather than leaving the caseworker to find them.
- Skilled Worker and other work routes
- Partner and parent routes
- Long residence
- Children and dependants
- British citizenship following settlement
Refusals
Many refusals of indefinite leave carry no right of appeal, leaving administrative review, a fresh application or judicial review as the available options. Where the refusal is of a human rights claim, there will usually be a right of appeal to the First-tier Tribunal. Choosing the correct route matters, as does acting within the time limit, which may be as short as 14 days.
One barrister, from application to appeal
In many firms the application is prepared by one person, the refusal is passed to another, and counsel is instructed only once the matter reaches the tribunal. Here, a barrister is involved from the outset. Your application is prepared with the evidence and legal issues addressed at the start, which is the best protection against refusal. If the Home Office does refuse, the barrister who already knows your case can move directly to the next step, whether that is an administrative review, an appeal or judicial review. Where proceedings need to be issued, we can conduct the litigation on your behalf, so you are not left to deal with the court alone.
Fees are fixed and agreed in writing before work begins. Further detail is available on initial enquiry. Some members of chambers are VAT registered and some are not; your client care letter will confirm whether VAT is payable. Home Office, tribunal and court fees are payable separately.
Discuss your matter with a barrister
Consultations are by appointment and charged at a fixed fee, agreed before we begin.