Long residency concession
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10 years long residence
You can apply for settlement once you have had 10 years of continuous and lawful residence in the UK. Continuous residence is the time which you spent in the UK without gaps. You should not have been absent from the UK for a period of more than six months at any one time or spent a total of 18 months outside the UK throughout the whole 10 year period.
What is Long Residence?
You must also have permission to stay (‘leave to remain’). This can be in any immigration category, or a combination of different immigration categories. In addition to having a good character requirement, public interest considerations are also taken into account by the Home Office. This rule allows the decision-maker a wider use of discretion and may potentially lead to refusal on the grounds not explicitly spelled out in the immigration rules.
It is now possible to apply under this category using the Home Office same-day service. Our specialist team can assist with this type of application. This category may appear as straight forward however it could in reality be very complex and if refused create many further complications.
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 dependents involved, you will have to submit separate applications.
Extension of Stay for 2 Years on the basis of 10 Years Long Residence
In April 2007, the Immigration rules were amended and a provision was added to allow long residence applicants to be granted an extension of limited leave to remain if they did not meet all the requirements for indefinite leave on the basis of long residence.
If you have not passed the Life in the UK Test to apply for ILR on the basis of 10 years long residence or do not meet the good character requirements, you can apply for extension of your stay on the basis of 10 years long residence. The extension of stay will be granted for two years period.
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’s immigration 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 analyzing 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.
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