What happens if the Home Office grants indefinite leave to remain by mistake?
· WOWERI
The Home Office can revoke indefinite leave to remain granted in error. The court ruling in R (YC) v Secretary of State for the Home Department confirmed this. If the grant was a simple clerical error and was withdrawn promptly.
Introduction
If the Home Office grants indefinite leave to remain in error, can it be kept? The court in R (YC) v Secretary of State for the Home Department [2026] EWCA Civ 285 held that no, at least in cases where the grant was a simple clerical error and it is withdrawn promptly.
Background
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Court Ruling
The court ruling in R (YC) v Secretary of State for the Home Department confirmed that the Home Office can revoke indefinite leave to remain granted in error. This means that if you received indefinite leave to remain in error, you should be prepared for it to be revoked.
Conclusion
If you received indefinite leave to remain in error, it is essential to consult with a qualified lawyer. They can help you understand your rights and options.
What to do next
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Source: freemovement.org.uk