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.
In order to qualify for long residence under the 10 years rule, you may need to meet the following requirements: -
How can continuous residence be broken?
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.
Immigration Help for 10 years long residence application
At Reiss Edwards, our lawyers are fully trained and highly experienced in making Indefinite leave to remain on the basis of long residence applications. Our advisers have worked as solicitors in some of the best immigration solicitors firms in London.
Contact us today for a free initial assessment over the phone on 02037442797 or send an email in firstname.lastname@example.org.
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:
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:
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:
Events that break continuous residence
An individual is considered to have broken continuous residence if:
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.
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:
There may be reasons where an applicant may need to apply for an extension even though they qualify for Indefinite Leave to remain. Such an instance include where the applicant has not passed the life in the UK test however meets all other eligibility requirements for Indefinite Leave to remain.
It was only until 2nd April 2007 that it became possible for a person to be granted an extension or a limited leave in the place of an indefinite leave to remain. Paragraphs 276A1 and 276A2 of the immigration rules were recently included in the rules to allow applicants who have met all other eligibility requirements of an ILR application apart from the English language and life in the UK test requirement.
You need a current valid passport, your Biometric Residence Permit if you have one, all the passport you have held in the UK. Police certificate and 2 passport photographs. Please contact us for a full list of documents.
Please note that the overriding requirement for applying for this 2 years extension is that you must have met all other requirements for a grant of indefinite leave to remain on the basis of 10 years long residence apart from the English language requirement and/or life in the UK test.
The immigration rules have defined continuous residence to mean a period of unbroken residence in the UK. Please note that continuous residence doesn't not mean that you must not leave the UK for even a day. Importantly, continuous residence in the context of 10 years long residence is only broken on the following conditions: -
Reiss Edwards boast of top immigration solicitors in London who have over 40 years combined experience. We advise on all matters of UK Immigration. Give us a call today for a free assessment on 02037442797.
This enquiry has been dealt with in a private email by our Immigration adviser
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