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Long Residence Applications

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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.

Requirements

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

  • You have resided in the UK lawfully and continuously for 10 years.
  • Granting you indefinite leave to remain will not be against public interest.
  • You do not fall refusal under the general grounds of refusal. General grounds for refusal include, criminal convictions, threat to immigration control).
  • You have passed the English language test as well as knowledge of life in the UK test.
  • 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 solicitors today for a free initial assessment.

How can continuous residence be broken?

  • Absences of more than 18 months throughout the 10-year period.
  • You have at some point been removed or deported form the UK;
  • You left the country upon a refusal of an application.
  • You left the country with no reasonable expectation of being able to lawfully return;
  • You served a prison sentence
  • You were away from the country for more than 6 months at any one time.
  • 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.

Immigration Help for 10 years long residence application

At Reiss Edwards, our immigration 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 info@reissedwards.co.uk.

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:

  • That the individual must have resided legitimately in the UK for a minimum of 10 years
  • That granting leave to remain in the UK to the individual must not be a threat to Public welfare
  • That the individual must the knowledge of language and life requirement of staying in the UK.
  • 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:

  • He spent six months or less outside the UK at any time
  • 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:

  • A leave to enter or remain
  • A temporary Leave to remain or enter granted within section 11 of the 1971 Immigration Act
  • 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:

  • 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
  • The individual has left the UK due to deportation or refusal to grant him leave to enter or remain.
  • The individual has left the UK and showed intention not to return in the process.
  • 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:

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

Extension Of Stay For 2 Years On The Basis Of 10 Years Long Residence

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: -

  1. That you leave the UK for more than 6 months within a year
  2. That you have been absent in the UK for more than 540 days throughout the 10 years period. It is important to note that this point relates to the total absences within the 10 year period and not just consecutive absences.
  3. That there is a gap between your visas of more than 14 days.
  4. That you have at one point left the UK showing a clear intention that you do not want to return.
  5. That you left the UK in a circumstance that returning would be unlawful
  6. That you were removed or deported from the UK
  7. That you have been convicted of a serious offence

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.

FAQs

  • This enquiry has been dealt with in a private email by one of our immigration solicitors

  • This enquiry has been dealt with in a private email by our Immigration advisers

  • The history of your husband’s immigration matter is complicated. This does not mean that it cannot be resolved. It does however mean, that we need to speak with you on a telephone call or an in-person consultation to efficiently gather the facts and properly assess the merits of his case. At this stage, I am not clear on all of the immigration history needed for me to be sure of where an application should be made. If your husband is by definition, on overstayer, he will struggle to make an application from inside the UK (although there may be an option, discussed further in this answer below).

    You make reference to the applicant being your husband. You also say that the Home Office refused a visa application because you had not been living together for the past 2 years. If you are married, you are not normally expected to evidence 2 years of cohabitation. This will depend on whether you meet the definition of being legally married and it may be that this aspect of the application made had not been correctly reviewed by the decision maker. That said, even if the Home Office had accepted you were legally married, because he may be seen as an overstayer, he would also have to evidence that there is an insurmountable obstacle preventing him from making a visa application from his country of origin. Are you aware of him having any issues that may prevent him from travelling? Is there any reason as to why you personally, would need for him to remain in the UK to make his visa application?

    I suggest that this case has two areas that we should explore in an initial free assessment:

    1. As he was not informed that his Tier 4 visa was curtailed, was he given adequate notice to regularize his immigration status?

    1. If he is an overstayer, are you legally married? If so, making an application for Entry Clearance as the spouse of a British national will be the option that has highest merits to succeed. This is because under the European Convention on Human Rights, if the applicant has an adverse immigration history (overstaying in this case), refusing his entry for the reason of overstaying alone is usually not acceptable. This is because it will also impact the private and family life of a British national, a right protected and enshrined in the Convention. We must establish that you are legally married if we are to pursue this option. If you are not married, we will need to evidence that you have lived in the same household for a period of 2 consecutive years. The Home Office have recently referenced you not satisfying this element of the rules, so we should also talk about this on our call.

  • This enquiry has been dealt with in a private email by our Immigration advisers

  • This enquiry has been dealt with in a private email by our Immigration advisers

  • This enquiry has been dealt with in a private email by our Immigration advisers

  • This enquiry has been dealt with in a private email by our Immigration advisers

  • This enquiry has been dealt with in a private email by our Immigration advisers

  • This enquiry has been dealt with in a private email by our Immigration advisers

  • This enquiry has been dealt with in a private email by our Immigration advisers

  • This enquiry has been dealt with in a private email by our Immigration advisers

  • This enquiry has been dealt with in a private email by our Immigration advisers

Reiss Edwards Awards

ACQ5 Awards Award
Lexis Nexis
Three Best Rated
Department For International Development
University Of Cambridge
ACQ5 Awards Award ACQ5 Awards Award
Lexis Nexis Lexis Nexis
Three Best Rated Three Best Rated
Department For International Development Department For International Development
University Of Cambridge University Of Cambridge

O.L

Andy Tieu is absolutely amazing.

As a lawyer myself I can categorically say that he knows his stuff, gentle, responsive, cares about you and not just about the money, very professional.
I mean I can go on and on!

Andy and the entire team at Reiss Edwards are amazing!

Thanks again Andy.

Kiran Sardar


I found Joe very helpful and tremendous patience which is a must in this professional as there are lots of emotions always involved in each and every case.

The way they dealt with my case during COVID19 Situation is highly appreciable. I would definitely recommend Joe D. and Anna F. Anna is an amazing lady, her patience is beyond my words.

Her hard work and professionalism have no boundaries. She is the right person for all type of cases.

Thanks to Anna and Joe for all your support and guidance which helped me fulfill my dream.

I would say Reiss Edwards is lucky to have Joe D. and Anna F. Great job Reiss Edwards.

thanks once again. Anna you’re a Gem and a Star.

Cheyam Shaked

"Anna Foley was the lawyer helping my partner obtain an EEA EFM visa. She was outstanding. Handling the case with constant correspondence over a lengthy, lockdown delayed 7-month application process. Her expert advice guided us successfully through some difficult times as a result of COVID-19. Some of the best service I have received for any service ever! Often replying to emails late at night, offering to send additional correspondence to the home office and going above and beyond in handling our case! Well done and thank you Reiss Edwards and thank you Anna!!".

Isaac .T

"Professional service. I was very impressed with the fact that my ILR application was successful 6 weeks after the submission amidst the COVID-19 pandemic. I also think the portfolio put together by the team at Reiss Edwards has played a big part in the quick turnaround of my application".

Jesse Lee

"Reiss Edwards did a great job, and so much work, for their reasonable fixed fee. I would heartily recommend them to anyone looking to secure a Visa and /or Visa renewal. I will use them again when mine needs to renew. Great value".

Majlinda Berisha

"The help, the professionalism, the kindness from this team is phenomenal. A massive thank you to Anna Foley.

I have had a really tough time with getting my husband’s visa. My last immigration lawyer made many mistakes that caused stress, disappointments and sadness.

I was weary about getting another lawyer as I thought I was going to go through the same experience but no, it turned out better than what I had hoped or even imagined.

What I received was: constant emails and calls updating me and asking if anything else is needed. If I called and they missed my phone call I would get a call back within 10 minutes. All of my documents were carefully checked and I would get a reply the next day if anything was missing or not correct. There were times that I was impatient and asked to just send the visa off, but was reminded that everything had to be perfect and correct before submitting the application. I was told about every option I had and discussed what the best would be. I was always spoke in a nice, calm, polite manner.

The overall intelligence of this team, especially Anna Foley for me, is outstanding. I am speechless. Anna done such an amazing job on my husband’s application that although we couldn’t apply for the fast service and was told to wait for 12 weeks, we got a reply within 5 weeks.

That alone shows what an amazing and talented team Reiss Edwards are. Thank you".

Christine .C

"I wholeheartedly recommend Reiss Edwards to anyone who is in search of immigration advice. I had the pleasure of speaking with Amar who has been very thorough in finding a solution to my enquiry, and followed up with additional information even after the consultation. I normally don't leave reviews, and this firm already has enough good reviews for me to need to my own anyways! However, in this instance, I do hope that my review can let anyone who reads it be aware that RE is a great choice, these people care enough to help you the best they can".

Zohaib Butt

"I had the chance to use Reiss Edwards services for my Tier 2 extension. Marija dealt with my case and I found her very professional and experienced in dealing with my application. The care and attention to detail was exceptional. I would definitely recommend Reiss Edwards!".

Quintus Liu

"Knowledgeable, experienced, and relatable. Translated a complex process into steps that are easy to follow. Cruised to 3 successive wins on my Tier 1 graduate/entrepreneurship visa which allowed us to play our part in making the UK a better and healthier place!".

Khasan Vosijonov

"Thank you, Ms. Anna Foley! I am writing this with tears of joy.

As a family, we are all grateful to Anna Foley and her firm Reiss Edwards, for doing all the hard work and giving us the best support. Finally We found the best law firm".

Saira Lawson-Brown

"Highly professional organisation and really supportive solicitors. Ina Iteva the solicitor that was provided to us was a blessing in disguise, as our first solicitor was let go off due to pandemic. She was so supportive and understanding throughout the process, and my husband spouse visa was granted due to their effort and attention to detail. We constantly try to keep in touch with her and consider her as more of a friend now than a solicitor. Sure, to bother her and the firm more in the future".

Nora Nkechi

"My Tier 1 Investor Visa was dealt with quickly and without issue. Would recommend Reiss Edwards as an Immigration law firm in London. Thank you to the team".

Deepak Chartbhurjh

"This is the only firm that i spoke with that didn't ask for money before listening to me, will be using them again. I used Reiss Edwards for my Tier 2 visa application and it was successful. The team was ever present and happy to answer my question. The caseworker that dealing with my case went on holiday yet by case did not suffer one bit. Another lawyer stepped and took over the case without any hassle".

Hakeem Salam

"I used Reiss Edwards immigration lawyers to assist with my immigration matter and that of my family. It was an EX1 application. They dealt with the matter properly and even when complications were coming up from the Home Office, they helped resolve the issue properly. They are very professional and are very popular in London. I am happy to have worked with them".

Top Notch Immigration Service

"Reiss Edwards is a top notch immigration service company. The way they handled our documentation and also the list of documents they sent was efficient and top quality. They helped us professionally throughout the process. We are very happy with the immigration advice we received from the team. We highly recommend them".

Mo Hussein

"I have been using Reiss Edwards for three years now for my family's immigration application. Both for my initial application and extension. They are really affordable. The team of solicitors at this firm are probably one of the most efficient and economical in terms of cost. They offered free advice over the phone and spent good time with us before inviting us for consultation".

Gallagher Jones

"I contacted Reiss Edwards to help me with my wife's UK settlement visa. They acted with utmost professionalism throughout the entire application. I spoke with Joe Dinh, he is an immigration solicitor and he is one of the best solicitors out there. He ensured that there was little to no room for error. At some point I thought he was over cautious. He remained calmed and continued to assure us on our immigration matter. Most people in his position would have panicked but he was calmed and continued to assure us. We received out positive outcome very quickly".

Richard Stone

"I have just had British Citizenship application approved. Prior to making the application, I was not sure which law firm i should hire to facilitate the paperwork. After a few hours of research, i decided to go with Reiss Edwards and i must confess that I wasn't disappointed. The immigration lawyers at Reiss Edwards handled my case well and they really knew what they were doing. They were fully aware of what documents I needed and it was easy for them to tell if my case was going to be easy or not. At the end of the day, I have not received my British citizenship within 3 months. If anyone is looking for a good immigration lawyer to handle their case, contact Reiss Edwards".

Fong Li

"Investing over 2 million pounds is definitely not a routine decision. We had to make sure that the Tier 1 investor immigration lawyers that we'd be picking has to be one of the best within the Tier 1 investor category. We contacted Reiss Edwards and they were able to get us not only the Tier 1 investor visa but also suggested profitable investment portfolios in addition to what we already had in mind".

Nancy Jacquard

"It's a shame that you don't have an 'Excellent' star rating on here, as my experience with Reiss Edwards is nothing short of an excellent rating. They handled my application for an Indefinite Leave to remain in April 2014 and did my husband's one very recently including my daughter. Every time i have approached them, they have continued to treat me with courtesy, respect and patience. Amar was indeed a very thorough and professional gentleman. He is very knowledgeable, corporative and engaging. He responded to my emails, calls and enquiries promptly. He was always reassuring. I could not have asked for a better Immigration service. I would recommend them over and over again for anyone looking for an immigration advice. They gave me a free immigration advice when i called them, and the quality of the advice was something other charge thousands for. If you need a particular, name, Amar would be it. He exemplifies, for me, the true, professional gentleman. He is a valuable asset to Reiss Edwards".

Florence Giwa

"I am glad that i instructed Reiss Edwards on my visa matter. It started with a 20 minutes free immigration advice. I met with Amar to discuss my ILR refusal. He gave me a great deal of quality advice and decided to take on my messy case. I had doubts on the merits of my case by he was relatively convinced he could win it. That made me quite secure. To be honest, things did not start as quick as I would have wanted, but they kept on communicating the process and state of things to me.A big thank you to Verusha and Foram. They were also very helpful. Brilliant and informative. Their fee was fair and reasonable, especially if you compare them to other law firms and immigration law firms in London; some of whom even told me that i would not be able to get an indefinte leave to remain in this country. The process was long but was worth it. In the end, a big thank you to Reiss Edwards".

Salisu Ibrahim

"Fantastic Solicitors!!! My wife's spouse visa extension application was refused by the Home Office and they gave her 14 days to leave the country. We contacted Reiss Edwards and they said "OK don't worry we will sort this out". They put together the list of documents for me to obtain and they prepared a bundle which was as thick as the printer it came out from.We followed everything they asked us to do and in the end we won our appeal and got our spouse visa. We can't recommend them enough and we have promised ourselves never to make any more UK visa applications without them".

Amir Sandeep

"The team of lawyers at Reiss Edwards are very professional and friendly people. Their experience in and around UK immigration law is quite extensive; be sure that you application is in safe and competent hands. My immigration matter was an indefinite leave to remain application based on Tier 1 on a self-employment basis. The immigration lawyers at Reiss Edwards made sure that the application was perfect and ready to be accepted. I got a positive decision and I recommend them highly for anyone who needs a UK immigration help".

Reiss Edwards Reviews

O.L

"Andy Tieu is absolutely amazing, as a lawyer myself I can categorically say tha...

Read More

Kiran Sardar

"I found Joe very helpful and tremendous patience which is a must in this profes...

Read More

Cheyam Shaked

"Anna Foley was the lawyer helping my partner obtain an EEA EFM visa. She was ou...

Read More

Isaac .T

"Professional service. I was very impressed with the fact that my ILR applicatio...

Read More

Jesse Lee

"Reiss Edwards did a great job, and so much work, for their reasonable fixed fee...

Read More

Majlinda Berisha

"The help, the professionalism, the kindness from this team is phenomenal. A mas...

Read More

Christine .C

"I wholeheartedly recommend Reiss Edwards to anyone who is in search of immigrat...

Read More

Zohaib Butt

"I had the chance to use Reiss Edwards services for my Tier 2 extension. Marija ...

Read More

Quintus Liu

"Knowledgeable, experienced, and relatable. Translated a complex process into st...

Read More

Khasan Vosijonov

"Thank you, Ms. Anna Foley! I am writing this with tears of joy. As a family, we...

Read More

Saira Lawson-Brown

"Highly professional organisation and really supportive solicitors. Ina Iteva th...

Read More

Nora Nkechi

"My Tier 1 Investor Visa was dealt with quickly and without issue. Would recomme...

Read More

Deepak Chartbhurjh

"This is the only firm that i spoke with that didn't ask for money before listen...

Read More

Hakeem Salam

"I used Reiss Edwards immigration lawyers to assist with my immigration matter a...

Read More

Top Notch Immigration Service

"Reiss Edwards is a top notch immigration service company. The way they handled ...

Read More

Mo Hussein

"I have been using Reiss Edwards for three years now for my family's immigration...

Read More

Gallagher Jones

"I contacted Reiss Edwards to help me with my wife's UK settlement visa. They ac...

Read More

Richard Stone

"I have just had British Citizenship application approved. Prior to making the a...

Read More

Fong Li

"Investing over 2 million pounds is defintely not a routine decision. We had to ...

Read More

Nancy Jacquard

"It's a shame that you don't have an 'Excellent' star rating on here, as my expe...

Read More

Florence Giwa

"I am glad that i instructed Reiss Edwards on my visa matter. It started with a ...

Read More

Salisu Ibrahim

"Fantastic Solicitors!!! My wife's spouse visa extension application was refused...

Read More

Amir Sandeep

"The team of lawyers at Reiss Edwards are very professional and friendly people....

Read More