There have recently been a number of cases regarding individuals who have been granted ‘indefinite leave to remain’ (ILR) only to have their indefinite leave to remain revoked. Migrants who have legally lived in the UK can apply for settlement after a certain period of time, depending on the type of visa they hold in the UK. Indefinite leave to remain enables individuals to stay in the UK permanently, however, in certain circumstances their indefinite leave to remain can be revoked.
Home Office: Reasons to Revoke Indefinite Leave to Remain
Under Section 76 of the Nationality, Immigration and Asylum Act 2002 the Secretary of State for the Home Office has the power to revoke an applicant’s indefinite leave to remain or enter in the UK if the individual:
- Is liable for deportation: The UK Secretary of State may find a person liable to deportation if they decide that the individual is conducive to the public good.
- Has obtained leave or entered the UK by deception: A person’s indefinite leave to remain or indefinite leave to enter can be revoked if the Secretary of State believes that the person has used deception to obtain their stay or entered the UK by ‘making false representations or submitting false documents (whether or not material to the application), or failing to disclose material facts’.
- Ceases their refugee status as a result of their actions: This is applicable in instances where a person is ‘voluntarily establishing themselves in a country in respect of which they were a refugee’, ‘voluntarily re-acquiring a lost nationality’, ‘acquiring the nationality of a country other than the United Kingdom and availing himself of its protection’, or is ‘voluntarily establishing himself in a country in respect of which he was a refugee’.
The UK Home Office has set out a number of reasons for revoking indefinite leave to remain in their ‘Asylum Policy Instruction’ which expands on section 76 of the above mentioned acts.
How can we assist if your ILR is revoked
If your indefinite leave to remain in the UK is subject to revocation and you have been given the right to appeal our expert Immigration Solicitors can prepare and represent you at your appeal hearing. Our immigration team will ensure that all the relevant points of refusal are challenged to stop your leave being revoked. If you have not been given the right to appeal you may be able to challenge the HOme Office’s decision by considering a claim for Judicial Review.
If your indefinite leave is revoked we can assess your matter in more detail to determine whether or not you qualify for leave in the UK in another immigration category. This may be under ‘discretionary leave’ or ‘restricted leave’. Alternatively, a person may be subject to ‘temporary leave.
Contact us for a successful Settlement / Indefinite Leave to Remain application
Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a free telephone assessment and free case assessment even if you wish to consider other advisers.
Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our legal case assessment form and we will get in touch or call us now on 0845 8622 529 for a free telephone assessment and free case assessment.