Alex Piletska’s new article on case where indefinite leave to remain granted by mistake

30 April 2026

What happens if the UK grants someone indefinite leave to remain – otherwise known as settlement – in error? Alex Piletska’s latest article in immigration lawyer’s specialist publication Free Movement examines a recent Court of Appeal case – R (YC) v Secretary of State for the Home Department [2026] EWCA Civ 285.

The appellant in this case was refused asylum in 2023 but owing to a health diagnosis was granted limited leave on the private life route instead. The decision letter incorrectly referred to him being granted settlement.

Shortly after, he was notified his permission would expire in 2026 (30 months later) and after a request for clarification, the Home Office wrote correcting their error and granting backdated limited leave.

Following an attempt to judicially review the Home Office’s withdrawal of indefinite leave to remain, the Court of Appeal has now held that the Home Office had the power to grant settlement in this case and also to withdraw it. You can read Alex’s analysis of the full judgement using the link below.

“The situation may be different in circumstances where it isn’t clear to the applicant that they were granted permission in error. They may take it at face value and perhaps live with that status for many years, relying on it to make decisions about employment, family planning, buying a house, and so on,” writes Alex Piletska. “In these types of cases, it may be possible to challenge the withdrawal, if the Home Office decides to withdraw it at all.”

Alex Piletska has a wealth of experience in immigration and is able to advise on a wide range of cases, including family and human rights applications, as well as skilled migration.  She has a particular interest in complex nationality cases, Adult Dependent Relative applications, Judicial Review and technical procedural issues like validity and variations.

Alex is a co-founder of the Ukraine Advice Project UK, which linked qualified lawyers to Ukrainians affected by the conflict seeking legal immigration and asylum advice. To date, the project won multiple awards, signed up more than 600 lawyers and helped more than 4,000 families escaping the conflict.

She is ranked an “associate to watch” in Chambers and Partners 2023, 2024 and 2025. She has also been ranked as an EDI (‘Equality, Diversity and Inclusion’) Champion and mentioned as a key lawyer in the Legal 500.

Photograph of Alex Piletska (c) Tina K Photography