Harding Mitchell Offers Reliable Guidance in Long Residence and Indefinite Leave to Remain (ILR) Applications
Harding Mitchell is a firm that is dedicated to making a difference in the lives of individuals. Our expert immigration lawyers in London are available throughout the week for provision of professional legal advice. Whether you need to apply for UK Long Residence or Indefinite Leave to Remain, it is important to seek professional guidance and proper legal representation without wasting any time. This would maximise your chances of success with your application.
What is Long Residence?
There are two types of applications that are submitted on the basis of meeting the Long Residence Rules. If you have spent 10 years lawfully in the UK, then you can seek Indefinite Leave to Remain in the UK. If you have not been in the UK legally, you need to live here for 20 years in order to qualify for leave to remain under on the basis of your long residence.
Long Residence can be understood as an acknowledgement that comes from the Home Office regarding the status of a person who has remained a loyal and active member of society for such a long time.
Remember that if you have applied on grounds of Long Residence then you would be applying for yourself only. If there are dependants involved, you will have to submit separate applications.
The 10-year Rule- What You Must Know?
Without consulting a prominent and professional team of immigration lawyers, the chances of submitting a fool-proof application are somewhat low. A viable and skilled team like Harding Mitchell’simmigration lawyers in London will appropriately inform you about the salient intricacies of the application process as well as the mandatory requirements that you need to meet. Mentioned below is a brief overview of the 10-year Long Residence Rule:
To become eligible for ILR under the 10-year rule it is important to satisfy the Home Office by providing evidence of 10 years long residence in the UK. This must be proven by way of documentary evidence.
The residence must be continuous
The residence must also be legal. Any period without leave to remain no matter how short will breach the chain.
The applicant must show that he has not violated any immigration laws during his 10-year long stay
The Applicant must meet the English Language requirement and pass the Life in the UK test
The authorities must not identify any public interest reasons to deem you undesirable for ILR
The Applicant must no not have any criminal conviction and there should not be any other grounds upon which his application should be refused
The Immigration Rules paragraph 276A defines Continuous Residence as an unbroken period of stay in the UK.
The paragraph 276A defines Lawful Residence as a period of continuous residence, in which the applicant possessed active leave to enter or remain in the UK, had temporary admission under Section 11 of the 1971 Immigration Act according to which leave to enter or remain was granted; or the Applicant was exempt from immigration control.
What can Break Continuous Lawful Residence Requirement?
It is important that the 10-year residence stays unbroken so that you are able to qualify for ILR. However, there are certain conditions or situation that might break the lawful residence rule, which are as follows:
Absence from the UK for over 18 months
Removal or deportation from the UK
Applicant was asked to leave the UK on grounds of refusal of entry or stay in the UK
Upon leaving the UK, applicant clearly stated that he or she will not return
Applicant left the UK without any expectation of his or her lawful return
Applicant received a sentence or was directed to be detained during the 10-year period
Over 6 months absence from the UK
Absence from the UK for less than 6 months but without having any leave on departure or return or both
What you Need to Know About the Public Interest Issue:
As mentioned above, ILR may not be granted to individuals on reasons of public interest even if the 10-year rule is met. The Home Office will further probe into your credentials and personal information to determine your eligibility. This would be done by analysing the following:
Personal history (this would include employment background, character, conduct and other associations
Whether the Applicant is of a good character
Criminal convictions, if any
Any other issues which the Home Office may find relevant
It is worth noting that your ILR application will be instantly refused if you have received sentencing of up to 4 years or more and between 12 months and 4 years.
However, if the sentence is spent, then it would not count. Conversely if the sentence is not spent, then the Home Office will take it into consideration when deciding your application.
Furthermore, your application may get refused if you were sentenced for 12 months imprisonment in the last 7 years prior to your application.
Also if the Applicant was convicted within the last 2 years prior to the date of his application, or committed an offence for which you received non-custodial sentence (for instance, community sentence or fine) then your application may be refused.
Contact our Immigration Lawyers in London for Further Details
If you are interested in discussing your eligibility status for settlement in the UK on the grounds of Long Residence with expert immigration lawyers in central London, then contact us immediately. We will help you understand your chances after analysing your circumstances and documentary evidence as well as help you in preparing a comprehensive application.