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Applying for ILR under the 10 Year Long Residence

This category applies if you have lived in the UK legally for a continuous 10 years. If you have, the long residence category will allow you to apply for Indefinite Leave to Remain.

The Requirements

You will need to have had your visas continually for ten years without break. If there are gaps, they may make your application difficult, depending on how long the gap/s is for. Most visa types count towards the 10 year period but you will be expected to have been in the UK for the majority of the ten year period.

You should not have absences of:-

  • more than 540 days in the 10 year period; and
  • not more than a 6 month absence at any given time.

If your absences exceed this, a senior caseworker at the UKBA may consider your circumstances and exercise discretion, but this will dependant on why your absences are longer.

Our immigration solicitors have taken on very many cases where applicants have been minors and so outside of the UK for a longer period than usually accepted by the UKBA/Home Office. With the correct representations, we have been able to secure Indefinite Leave to Remain for the majority of our clients. Whilst each case is different, we have a track record for fighting difficult cases and will do all that we can to make your application as strong as possible.

As with all settlement application, you must meet the English language requirements and have done the life in the UK test. You must also be of good character and not have any general reason for why you should not be granted ILR.

Unlike other categories, there is no financial requirement. You are not required to have a set amount of money available at the time of your application.

Extension of Stay for Long Residence

From 2nd April 2007 paragraph 276A1 and 276A2 of the Immigration rules added the right to apply for an extension of limited leave to remain if you qualified for long residence but did not meet the knowledge of language and life in the UK requirements.

If you fall short of this requirement, Reiss Edwards Immigration lawyers can assist in applying for you to remain for a further 2 years so that you can apply for your Indefinite Leave to Remain once you have passed the relevant exams to satisfy the knowledge of life in the UK.

If you have any questions regarding any immigration matter, feel free to contact us today on 02037442797 or drop us an email on info@reissedwards.com

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