If you are a non-UK national and have lived in the United Kingdom continuously and lawfully for 10 years, you may qualify for indefinite leave to remain (ILR) in the UK on the basis of long residence.
In order to qualify for indefinite leave to remain on the ground of long residence, you will need to satisfy UK Visas and Immigration that:
You will have a break in your residence if at any time during the period relied upon:
When assessing whether there are any public interest reasons why it would be undesirable to grant you indefinite leave to remain, the Home Office will consider the following factors:
The Home Office has a discretion to grant long residence applications where the applicant has absences in excess of 540 days in total or a single absence of more than six months. You would need to demonstrate that the absence(s) was/were for an exceptional or compelling reason.
If you have not completed the Life in the UK test or met the English Language requirement, you may be able to extend your stay in in the UK, rather than apply for indefinite leave to remain.
The qualifying 10 year period does not need to have been completed recently. You can rely on a historic continuous period of 10 years lawful residence.
Lawful residence is defined as expressly excluding time spent as a visitor, short-term student or on the seasonal worker routes. Time spent on these routes will not count towards long residence. Time spent on immigration bail will also not count towards the qualifying period for long residence.
If you have dependants, they may need to apply to switch into a different category of the Immigration Rules, such as the Spouse or Civil Partner or Child categories.
Once you have been granted indefinite leave to remain on grounds of long residence, you will be free from any immigration time restrictions. You will not lose your indefinite leave to remain unless you are absent from the UK for more than two years or commit a serious offence.
It is possible to apply for ILR on the basis of long residence at a Super Priority appointment at the Home Office and receive a decision within 1 working day.
A long residence application is deemed to be a human rights claim and will trigger a right of appeal to the First-tier Tribunal if refused.
Our immigration barristers regularly assist foreign nationals to settle in the UK on the basis of 10 years long residence.
Whether you require expert advice on the requirements of the Immigration Rules, an independent assessment of your prospects of qualifying for indefinite leave to remain or professional assistance with preparing an immigration application or appeal, our immigration barristers can help.
We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. We are a highly driven team, dedicated to providing clear and reliable immigration advice to individuals as part of a professional and friendly service.
As specialist immigration solicitors, we pride in having one of the best team of specialist immigration solicitors with wealth of knowledge and experience to deal with all types of UK visa and immigration matters. Our top rated immigration solicitors have successfully helped thousands of clients with all types of UK visa and immigration applications, immigration appeals, Administrative Review, Pre-Action Protocol (PAP) and Judicial Review.
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