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 leaves 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 leaves 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 3 months (90) 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: -
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.
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.
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.
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.