Refused indefinite leave to remain in the UK: what happens next

If your application for indefinite leave to remain (ILR) is refused, what happens next depends entirely on the type of leave you held before you applied. For some categories, you may be offered an alternative form of permission to stay in the UK. For others, you will need to apply for a different visa or leave category. There is no single appeal route that applies to every refusal, and the Home Office decision letter is the document that tells you which option, if any, you have been given.

Refusal after protection status, discretionary leave or section 67 leave

The rules for refusal are set out in the guidance for people who have protection status (permission to stay as a refugee or a person with humanitarian protection), discretionary leave, or section 67 leave.

If your application is refused and you had protection status or discretionary leave, you might still be able to stay in the UK. The decision letter will explain what you have been offered instead of indefinite leave to remain. That offer is not automatic — it is the Home Office that decides whether to make it, and the letter is the only place you will see what has been offered.

If you had section 67 leave and your ILR application is refused, the situation is different. You will need to apply for another form of leave — for example, a visa — to stay in the UK. There is no alternative grant of permission built into the refusal process for section 67 leave.

Type of leave before ILR application	Outcome if ILR refused
Protection status (refugee or humanitarian protection)	May be offered another form of leave to stay; decision letter explains what
Discretionary leave	May be offered another form of leave to stay; decision letter explains what
Section 67 leave	No alternative offered; must apply for another form of leave (for example, a visa)

Refusal of an ILR application on a UK Ancestry visa

If you hold a UK Ancestry visa, the eligibility rules for ILR are specific. You must have spent 5 continuous years in the UK on an Ancestry visa, and in most cases you must have spent no more than 180 days outside the UK in any 12-month period. You must also prove you have enough money to support yourself and your dependants, that you can and plan to work in the UK, and that you are still a Commonwealth citizen. If you are 18 to 64, you must meet the English language requirements and pass the Life in the UK Test.

The earliest you can apply is 28 days before you have been in the UK for 5 years on your Ancestry visa. If you apply earlier, your application may be refused.

If your visa expires before you can apply for ILR, you will need to renew it first. Do not wait until your current visa expires. If you are refused ILR and your Ancestry visa has not yet expired, the refusal does not automatically extend your permission to stay — you will need to check your current visa status and, if necessary, renew it.

Refusal and your family members

If you are refused ILR, the position of your partner and children depends on the route you were on.

On the UK Ancestry route, your partner and children can apply for ILR as your dependants if they are eligible. They cannot apply for ILR if they are currently in the UK on a visitor visa, a Short-term study visa, a Parent of a Child Student visa, a Seasonal Worker visa, a Domestic Workers in a Private Household visa, on immigration bail, or because they were given permission to stay outside the immigration rules (for example, on compassionate grounds). If your family member is in one of those categories, they must leave the UK and apply for a UK Ancestry visa as a dependant instead.

If you already have ILR or are now a British citizen, your partner and children can apply for ILR as long as your last visa was a UK Ancestry visa and they are already in the UK. Otherwise, they will need to apply for ILR a different way.

Refusal and the 10-year route to settlement

If your parent has leave to enter or remain in the UK on the 10-year route to settlement, a child applying as a dependant should expect a decision in about 12 months. Your parent’s decision letter will say whether they are on the 5-year or 10-year route to settlement. If you are extending a family visa as a child, your previous decision letter will also say which route you are both on.

If your parent is on the 10-year route and their ILR application is refused, the refusal does not automatically convert into an extension of the 10-year route. You will need to check the decision letter and your current visa status to see what leave, if any, you still hold.

If you already had ILR and lost it

A refusal of an ILR application is different from losing ILR you already held. If you were previously settled in the UK and have been outside the UK for more than 2 continuous years (or more than 4 or 5 continuous years for certain EU Settlement Scheme categories), you lose your ILR. You may be able to re-enter the UK and get ILR again by applying for a Returning Resident visa.

To be eligible for a Returning Resident visa, you must provide enough evidence to show your strong ties to the UK — for example that you or your family have lived here most of your life — and your current circumstances and why you have lived outside the UK. The fee is £726. Your dependants (partner and children) need to apply separately for a Returning Resident visa if they are eligible.

If you were away for less than 2 years, you still have your ILR and do not need a Returning Resident visa, provided you had ILR when you last left and did not receive financial support from the Home Office to leave the UK.

What to do next

Your first step after a refusal is to read the decision letter carefully. It is the only document that tells you what the Home Office has offered you, if anything, and what you are expected to do next. If you had protection status or discretionary leave, the letter will state whether you have been offered alternative leave. If you had section 67 leave, the letter will confirm that you need to apply for another form of leave.

If you are on a UK Ancestry visa and your ILR application is refused, check whether your current visa is still valid. If it has expired or is about to expire, you will need to renew it before you can make another ILR application. Do not assume a refusal extends your current permission.

Finally, verify the current rules and fees on the official GOV.UK pages before you act. The pages for ILR after protection status, discretionary or section 67 leave, the UK Ancestry visa settlement route, and the Returning Resident visa are the authoritative sources for eligibility, fees and processing times.