If you’ve been rejected for pre-settled or settled status in the UK, it can feel frustrating and stressful. However, don’t lose hope—there are multiple ways to appeal, challenge, or even reapply to secure your status. This guide will walk you through the steps you can take to reverse the decision and improve your chances of approval.
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What is Pre-Settled and Settled Status?
Before diving into the options you have if your application is rejected, let’s briefly go over what pre-settled status entails:
- Pre-settled Status: This is for individuals who have not yet lived in the UK for five continuous years. It allows you to stay in the UK for a further five years, after which you can apply for settled status.
- Settled Status: If you’ve lived in the UK for five continuous years, you can apply for settled status, which allows you to stay indefinitely.
Both statuses give you the right to work, study, access healthcare, and public funds in the UK, as well as the ability to travel in and out of the country without restrictions.
If your application for either status has been rejected, here are the steps you can take.
Step 1: Submit a Fresh Application
The simplest option is to submit a new application to the Home Office. There are a few reasons this might work in your favor:
- Free of Charge: You can submit a fresh application as many times as needed without paying any fees. This makes it a relatively low-risk option.
- Stronger Evidence: If your initial application was rejected due to lack of evidence or incorrect information, you can submit more robust documentation this time.
- Quicker Processing: In some cases, reapplying with better information can lead to quicker approval, rather than waiting through the lengthier processes of appeals or reviews.
Step 2: Appeal the Decision
If submitting a fresh application isn’t the route you want to take, you can appeal the rejection. This option is available under the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020. The right to appeal applies if:
- You were refused either pre-settled or settled status.
- You were granted pre-settled status but believe you meet the criteria for settled status.
How to Appeal
- Inside the UK: You have 14 days from the day you receive the decision to lodge your appeal with the Immigration Tribunal.
- Outside the UK: You have 28 days to submit your appeal if you’re currently abroad.
Reasons to Appeal
There are various reasons why your application might have been refused, such as:
- Insufficient evidence: You may not have provided enough proof of continuous residence or other required details.
- Misunderstanding of your case: The Home Office may have misunderstood key aspects of your situation, leading to rejection.
- Mistakes in paperwork: Simple errors in your application can lead to refusal.
Steps to Take During an Appeal
It is highly recommended to hire an immigration solicitor to help with the appeal. They will:
- Assess the Reason for Rejection: Your solicitor will carefully review the decision and identify where the Home Office went wrong.
- Compile New Evidence: If additional proof is needed to support your claim, your solicitor will help gather the right documentation.
- Draft Grounds of Appeal: This is a formal document that outlines why you are appealing the decision.
- Submit the Appeal Bundle: Your solicitor will compile all the necessary forms, evidence, and documents into one appeal bundle and submit it on your behalf.
An appeal can take time, but with the right legal help, many decisions are reversed in the applicant’s favor.
Step 3: Request an Administrative Review
If you don’t want to go through the appeals process, an administrative review is another option. This is an internal review where the Home Office itself reassesses your application to check for any errors.
When to Apply for an Administrative Review
You can apply for an administrative review if:
- Your application was refused on eligibility grounds (i.e., you didn’t meet the requirements).
- You were granted pre-settled status when you believe you should have been granted settled status.
How to Apply
To request an administrative review, you’ll need to complete the Administrative Review Application Form. Each applicant must submit a separate form, even if they are part of the same family. Here are the key points to keep in mind:
- Fee: The application fee for an administrative review is £80 per person.
- Refund: If the Home Office reverses its decision, the fee will be refunded to you.
- Deadline: You must apply for an administrative review within 28 days of receiving the rejection.
Submitting New Evidence
One of the advantages of an administrative review is that you can submit new information and documentation to strengthen your case. This gives you a second chance to provide the necessary evidence and correct any errors made in your initial application.
Success Rates
According to recent statistics, nearly 90% of decisions that go through an administrative review are overturned in the applicant’s favor. Therefore, it’s definitely an option worth considering if you believe there was an error in your initial refusal.
Step 4: Consider a Judicial Review
If both the appeal and administrative review processes fail, or if neither option is available to you, you may consider a judicial review. This is a more formal legal process where a judge—not the Home Office—reviews your case.
What is a Judicial Review?
A judicial review doesn’t assess whether the decision itself was right or wrong. Instead, it focuses on whether the process followed by the Home Office was legally correct. For instance, if the Home Office failed to consider important evidence or didn’t follow the right procedures, a judicial review could work in your favor.
Read: UK Sponsor Licence Application – Uk Immigration Solicitors Guide 2023
Limitations of a Judicial Review
- No New Evidence: You cannot submit new evidence during a judicial review. It is based entirely on the documentation and information that was originally submitted.
- Time-Consuming: Judicial reviews can be lengthy and complicated, making them less attractive to many applicants.
- Last Resort: Because of the complexity and time involved, judicial reviews are typically seen as a last resort.
When to Consider a Judicial Review
You should only consider a judicial review if your appeal and administrative review options are unavailable or unsuccessful. If your case has strong legal grounds, your solicitor will help you decide if a judicial review is the best course of action.
Step 5: Seek Legal Assistance
No matter which path you choose—reapplying, appealing, or requesting a review—having a qualified immigration solicitor on your side can significantly improve your chances of success. They can help you:
- Understand Your Options: A solicitor will guide you through the different routes available based on your unique circumstances.
- Strengthen Your Case: They’ll help you compile the strongest possible evidence to support your application, appeal, or review.
- Avoid Mistakes: Small errors in paperwork can lead to rejection, so having a professional handle your case can prevent costly delays.
How Aristone Solicitors Can Help You
At Aristone Solicitors, we specialize in UK immigration matters, including rejected applications for pre-settled and settled status. Our team can:
- Review Your Case: We’ll examine your rejection letter and identify the best way to challenge the decision.
- Gather Additional Evidence: If more evidence is needed, we can help you gather the necessary documentation to support your case.
- File Appeals or Administrative Reviews: We’ll handle all the paperwork and follow up on your application, ensuring a smooth process from start to finish.
We understand how stressful the process can be, and we are committed to helping you secure your status in the UK. Contact us today for a free consultation to discuss your case.
Final Thoughts
If your application for pre-settled or settled status has been rejected, it’s important to remember that you still have options. Whether you decide to reapply, appeal, or request an administrative review, the key is to act quickly and ensure you have the right evidence to support your case. With the right legal assistance, you can significantly improve your chances of securing your status in the UK.
