Long Residence

You may qualify for indefinite leave to remain in the UK on the basis of long residence. Long residence means that you have been residing continuously and legally in the UK for a period of 10 years. Lawful residence also means that you have not overstayed your visa at any point throughout your stay in the UK.

The concept of lawful residence is quite broad in its application. As it takes into consideration 2C and 3C leave as well as appeals. 2C and 3C means that even though your leave is expired, if you have an application pending with the Home Office, your previous leave remains valid.

Summarily, what this means is that the 10 years long residence includes all periods spent in the UK with valid leave to remain, including 2C and 3C leaves as well as appeals.

It is also important that the long residence is a continuous one. You cannot be outside the UK for a period more than 6 months (180) days in one calendar year or 18 months throughout the 10 year period. Exceeding these benchmarks break your long residence and you may then have to start counting the long residence period all over again.

What lawful residence means?

It means continuous residence pursuance to:

  1. existing leave to enter or remain; or
  2. temporary admission within section 11 of the 1971 Act (as previously in force), or immigration bail within section 11 of the 1971 Act, where leave to enter or remain is subsequently granted; or
  3. an exemption from immigration control, including where an exemption ceases to apply if it is immediately followed by a grant of leave to enter or remain.


When lawful residence is considered to be broken?

Lawful residence is considered to be broken when the applicant is:

  1. has been removed under Schedule 2 of the 1971 Act, section 10 of the 1999 Act, has been deported or has left the United Kingdom having been refused leave to enter or remain here; or
  2. has left the United Kingdom and, on doing so, evidenced a clear intention not to return; or
  3. left the United Kingdom in circumstances in which he could have had no reasonable expectation at the time of leaving that he would lawfully be able to return; or
  4. has been convicted of an offence and was sentenced to a period of imprisonment or was directed to be detained in an institution other than a prison (including, in particular, a hospital or an institution for young offenders), provided that the sentence in question was not a suspended sentence; or
  5. has spent a total of more than 18 months absent from the United Kingdom during the period in question
     

Requirements

In order to qualify for long residence under the 10 years rule, you may need to meet the following requirements:

  1. You have resided in the UK lawfully and continuously for 10 years.
  2. Granting you indefinite leave to remain will not be against public interest.
  3. You do not fall refusal under the general grounds of refusal. General grounds for refusal include, criminal convictions, threat to immigration control).
  4. You have passed the English language test as well as knowledge of life in the UK test.
  5. You are not in the UK in breach of UK immigration laws.

If you are not sure if you are in breach or if you qualify, please speak with one of our immigration advisers today for a free initial assessment.


How can continuous residence be broken?

  1. Absences of more than 18 months throughout the 10-year period.
  2. You have at some point been removed or deported form the UK;
  3. You left the country upon a refusal of an application.
  4. You left the country with no reasonable expectation of being able to lawfully return;
  5. You served a prison sentence
  6. You were away from the country for more than 6 months at any one time.
  7. You left the UK without any leave to remain at the point you left the country and/or when you came back in.

How will my criminal convictions affect my 10 years long residence application?

Your application will generally be refused if you have been convicted and sentenced to imprisonment for 4 years or more.

Also, you will need to wait for 15 years if you have been convicted and sentenced to imprisonment for a period between 12 months and 4 years.

Can my dependant apply for indefinite leave to remain with me based on long residence?

If you have just recently qualified for indefinite leave to remain on the basis of long residence, your dependants will need to qualify in their own rights. They will not automatically qualify for ILR just because you have ILR. They will have to stay in the UK for 5 or 10 years and qualify for ILR in their own rights.
 

ILR - 10 Years Long Residence

An individual may develop affiliation with the UK based on the length of time spent. This is acknowledged by the rules of long residence in the UK.

An individual who has successfully an uninterruptedly resided in the UK for 10 years as a legitimate resident, can apply for an indefinite leave to remain (ILR) for this reason. For this to be successful, the applicant must have been residing legitimately and continuously in the UK during this 10 year period.


Requirements for long residence

In order for the applicant to be granted this indefinite leave to remain in the UK, he must meet the following criteria:

  1. That the individual must have resided legitimately in the UK for a minimum of 10 years
  2. That granting leave to remain in the UK to the individual must not be a threat to Public welfare
  3. That the individual must the knowledge of language and life requirement of staying in the UK.
  4. The individual must not have any pending conviction that is within the definition of Rehabilitation of Offenders Act 1974

Paragraph 276A defines continuous residence as residing in the United Kingdom for an uninterrupted period of time. For the intent of the long resident application, an individual's continuous residence can be said to be broken if:

  1. He spent six months or less outside the UK at any time
  2. He has an existing leave to remain or enter upon previous departure and return

Legitimate residence as defined in paragraph 276A of the UK Immigration Rules is said to be a period of uninterrupted living in the UK where the individual possesses any one of these criteria:

  1. A leave to enter or remain
  2. A temporary Leave to remain or enter granted within section 11 of the 1971 Immigration Act
  3. An exemption from Immigration control, including where the application of the exemption terminates if the individual is granted a leave to enter or remain.

Events that break continuous residence


An individual is considered to have broken continuous residence if:

  1. The individuals has been absent from the UK for more than six months at any single time, or is absent from the UK for a lesser period but is without an authentic leave to enter the UK on return, or is without an authentic leave to remain whilst they depart the UK
  2. The individual has left the UK due to deportation or refusal to grant him leave to enter or remain.
  3. The individual has left the UK and showed intention not to return in the process.
  4. The individual has left the UK in circumstances that dampens his chances of returning to the UK legally.

The individual has been declared guilty for offences and has received custodial sentence in institutions excluding prisons. Such institutions as Juvenile/young offenders institutions, hospitals etc. this does not include any suspended sentences. The individual has spent 18 months in total outside the UK, through the 10 year period.


Discretion For Breaks In Lawful Residence

For an individual to be considered by the UKBA in discretion after a break in lawful residence, he/she will need to show that: It may be appropriate for the UKBA to use discretion if an applicant:

  1. He/she has short gap in lawful residence through making previous applications out of time by no more than 28 calendar days, and
  2. He/she meets all the other necessities for lawful residence.
     

Discretion For Breaks In Lawful Residence

For an individual to be considered by the UKBA in discretion after a break in lawful residence, he/she will need to show that: It may be appropriate for the UKBA to use discretion if an applicant:

  1. He/she has short gap in lawful residence through making previous applications out of time by no more than 28 calendar days, and
  2. He/she meets all the other necessities for lawful residence.

Validity of Leave

The applicant is granted 2 years of leave. If the applicant has spent less than 20 years in the UK, the grant of leave would be subject to the same conditions attached to his last period of leave. If the applicant has spent more than 20 years in the UK, the grant of leave would not contain any restriction on employment.

The procedure for Further leave to remain based on Long Residence

One can apply for further leave to remain if he/she has been in the UK legally for 10 continuous years or more providing they meet all the eligibility requirements for settlement except the knowledge of English requirement or falling under general grounds of refusal.

Absences from the UK

The maximum absences allowed for the applicants making their ILR application on the basis of 10 years residence, is 18 months in total. And each of their absences must not exceed 6 months in one go.

Periods of Overstaying

If you have overstayed for a brief period of time (i.e. less than 28 days) before 24 Nov. 2016 or less than 14 days after 24 Nov. 2016, your leave is still considered to be continuous.

When can you apply for Further Leave to Remain based on Long Residence?

The applicant will need to reside in the UK for at least 10 years which start from the date when he / she first entered the UK. They can however make their applications 28 days before completing their 10 years in the UK.

ILR Super Priority Service

We can arrange for super priority service for this application and represent our clients in getting their further leave to remain expeditiously, by making sure that all requirements are met and making appropriate representations. The UK visa standard service takes around 3-4 months while the UK visa super priority service gets you the decision within 24 hours.


Refusal of Further Leave to Remain on Long Residence Basis

If the home office refuses Further Leave to remain application for some reason, the applicant is granted full rights of appeal which must be lodged to the First Tier Tribunal Immigration and Asylum Chamber. Please read more information about the appeal procedure in the Appeals section.

Why You Should Contact International Immigration Regarding This Case?

Ms Maeda Mobayyen, Principal Solicitor at International Immigration, is an expert Immigration Solicitor in London who has been dealing with UK Immigration Laws.

Whether you are a small to medium sized business in need of skilled workers in your UK office, or a global corporation that need to transfer staff from one country to another, our specialist team of immigration solicitors can help.

We have the benefit of regulation with the Office of Immigration Services Commissioner (OISC).


Our solicitors combine an in-depth knowledge of the law and its practical application to your case, with a firm belief in your right to legal assistance and to committed representation throughout your matter. Our solicitors place service to the public above all else and are able to advise on the best possible course of funding in the event you do not qualify for legal aid. Our rates are competitive and we can also explore the opportunity to fund your case on a fixed fee basis.

Our Immigration Solicitors will provide the best possible Immigration advice / consultation under direct supervision of Maeda Mobayyen. 

After consultation, if you wish us to start preparing your case, you can expect the followings from our us:

  1. Our immigration solicitors will discuss the details about your immigration case, assess and advise you on the law, procedure and other requirements for the process.
  2. Our immigration solicitors will liaise with the immigration officer for expeditious decision on the application;
  3. Our immigration solicitors shall keep you updated on the progress of your immigration matters.
  4. Our immigration solicitors will advise you about the implications of the Home Office decision on your application.
  5. Our immigration solicitors will advise you about the documentary evidence to be submitted in support of your application for retaining your right of residence;

    Our immigration solicitors are specialist immigration solicitors who are able to handle all types of immigration work including

    1. Immigration bail applications 
    2. Immigration Appeals
    3. Judicial Reviews
    4. Indefinite Leave to remain applications, 
    5. further leave to remain applications,
    6. EEA applications 
    7. Settled and Pre-settled applications 
    8. entry clearance applications, 
  6. Our immigration solicitors are some of the best solicitors in London.
  7. Our immigration solicitors will advise you about the documentary evidence to be submitted in support of your application for retaining your right of residence;
  8. In International Immigration we have been teamed up with the some of the best immigration barristers in and outside London who are specialist in immigration matters. 
  9. We will help you pay the spouse visa application fee and the Immigration Health Surcharge (IHS) for the spouse visa application;

You can reach International Immigration on 07587691074 or info@internationalimmigration.co.uk

We Will Handle Your Case As If Its Our Own!