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.
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:
An individual is considered to have broken continuous residence if:
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: