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Long Residence

The essential issue in these cases is the continuity of residence in the UK. Continuous residence means residence in the UK for unbroken periods and for these purposes the period should not be considered to have been broken where the applicant is absent from the UK for a period of six months or less at any time, providing that the applicant had leave to enter or remain upon departure and upon return. However, for the purpose of the 20 years rule, there is no need for the resident to have a lawful status throughout. Under Immigration Rule 276ADE leave to remain can be granted for a period not exceeding 30 months, if the Secretary of State is satisfied that the person has lived in the UK for 20 years continuously. Usually this grant is subject to a condition of no recourse to public funds, unless the Secretary of state considers that a person should not be subject to such a condition.

10 Years Residence Rule
What is the 10 Years Residence Rule?

In order to apply for indefinite leave to remain on the basis of the ten years rule, an applicant must show that they have lived in the UK for 10 years continuously and lawfully. Once an applicant has built up a period of 10 years continuous lawful residence there is no limit on the length of time afterwards when they can apply for settled status. This means they could leave the UK and re-enter on any lawful basis and apply for settlement from within the UK based on the 10 years continuous lawful residence. Lawful residence is defined in paragraph 276A of the Immigration Rules and a period of continuous residence is when an applicant has existing leave to enter or remain or temporary admission under section 11 of the 1971 Immigration Act. Continuous residence is not considered to be broken if the applicant is absent from the UK for six months or less at any one time.

Indefinite Leave to Remain(ILR) Solicitors – What is Settlement?

One can apply for settlement in the UK once they have completed a certain period of time in which they have lived lawfully in the UK. The length of time will depend on the immigration category and the requirements under each category varies.

Apply to settle in the UK on the basis of long residence

One can apply to settle in the UK if they have been living in the UK legally for 10 years continuously. Once you have obtained indefinite leave to remain you can remain in the UK without any time restrictions. You must meet the eligibility requirements in order to qualify. The eligibility requirements are that you have been legal in the UK for 10 years and if you are aged 18-65 you must pass the Life in the UK Test and must pass an English language test. You should not be away from the UK for more than 180 days at one time, and not more than 540 days during the 10 years. You must be of good character. The application form to use is SET(LR).

Settlement as a refugee

You can apply to settle as a refugee if you have been living in the UK as a refugee for five years or as someone with Humanitarian Protection.  The application form to complete is form SET(Protection routes) and there is no fee for applying for settlement in this category.

Settlement as an EU national

EU nationals can apply for a permanent residence document if they have lived in the UK for five years and been exercising treaty rights.  Family members of someone from the European Union can apply at the same time. You do not need a document to confirm your residence status in the UK at the present time.  The Home Office states that there will be a new scheme available for EU citizens and their family members to apply to stay in the UK after the UK leaves the EU. You must provide evidence that you have been a qualified person in the UK for five years by studying, working, being self-employed, self-sufficient or looking for work.  The Home Office provides guidance notes as to the documents that need to be submitted with the application form EA(PR).

Settlement under the Tier points based system
Tier 1 entrepreneur

If you have lived in the UK under a Tier 1 (Entrepreneur Migrant) Visa for five years, you can apply for settlement providing that you can prove that you have established, taken over or become a director of a business in the UK and operated that business, whilst having a Tier 1 Entrepreneur Migrant Visa.  You have to demonstrate that you invested the money in a business in the UK and that you intend to continue operating the business in the UK. You should not be absent from the UK for more than 180 days in any 12 months during the relevant period and you must have sufficient knowledge of the English language and life in the UK unless you are under the age of 18 or over the age of 65. The form to be completed is SET(O).

Permanent residence as a Tier 1 (Investor)

In order to apply for indefinite leave to remain you have to satisfy all the requirements of paragraph 245E-F and you must show that you have spent five years lawfully in the UK working and living as a Tier 1 Investor Migrant and that you have maintained your investment in the UK of £2m throughout the relevant period. You should not be absent from the UK for more than 180 days in any 12 months during the relevant period and you must have sufficient knowledge of the English language and life in the UK unless you are under the age of 18 or over the age of 65.

Applicants normally become eligible for indefinite leave to remain after five years continuous residence, but if the level of investment is higher the period to settlement will be shorter.

Indefinite leave to remain as a Spouse under Appendix FM

In order to apply for indefinite leave to remain as a partner of a British national, one has to demonstrate that you have been the spouse or civil partner or unmarried partner of a British national for five years. You must demonstrate a sufficient knowledge of the English language. The exception to the five years rule is if you are a victim of domestic violence. A victim of domestic violence can apply for indefinite leave to remain before the five year period, if they make a valid application for indefinite leave to remain as the victim of domestic violence and they can demonstrate that the first grant of limited leave to remain was under Appendix FM and they have been the partner of a British citizen or a person settled in the UK and that during the last period of limited leave their relationship broke down permanently as a result of domestic violence. The application form is SET(M).

Long Residence Rules | Apply to Settle in the UK in 2019

The basis of long residence recognises the ties a person may form with the UK over a lengthy period of residence in the UK. The UK Immigration Rules have changed. Before 9th July 2012 it was possible to grant long residence after a period of 14 years continuous residence, but that provision was removed by changes to the Immigration Rules on that date.

However, a person granted an extension of stay following an application made before 9th July 2012 can still be considered under the rules in force before that date. This means a person granted leave to remain on the basis of the 14 years residence in the UK can still be granted indefinite leave to remain once the requirements are made. It is strongly advisable to seek professional advice with regard to UK immigration law.

Paragraph 276(A)(D)(E) of the Rules provides for a person to be granted leave to remain on the grounds of private life on the basis of her long residence in the UK.

Requirements for Long Residence

Immigration Rules UK require that the applicant must meet the following requirements to be granted indefinite leave.

1. The applicant must have at least 10 years lawful residence in the UK
2. There must be no reason why granting leave is against the public good
3. The applicant must meet the knowledge of language and life requirement
4. The applicant must not fall for refusal under the general grounds for refusal

UK Immigration Rules state that continuous residence is considered to be broken if the applicant has been absent from the UK for a period of more than six months at any one time or is absent from the UK for a shorter period but does not have valid leave to enter the UK on their return, or valid leave to remain on their departure from the UK or has spent a total of 18 months outside the UK throughout the whole 10 year period. On the other hand, Immigration Law UK states continuous residence is not considered broken if the applicant is absent from the UK for six months or less at any one time and had existing leave to enter or remain when they left and when they returned. This can include leave gained at port when returning to the UK as a non visa national. If an applicant was in the UK with a right to reside under the European Economic Area Regulation when they left the UK and was readmitted under the EA Regulations, continuous residence is not broken. Furthermore UK Immigration Rules state that continuous residence is not broken if an applicant receives a suspended sentence from a Court of Law.

Applications which are received more than 28 days before the applicant completes the required qualifying period for long residence must be refused. This is because the applicant has not completed the required period of leave in the UK. The UK Immigration Rules state that applicants who are refused under the Long Residence Rules, due to them submitting their application too early, can reapply once they have completed their qualifying leave or up to 28 days before this. If the applicant has one single short gap in lawful residence through making one single previous application out of time, by no more than 10 calendar days, and meets all the other requirements discretion might be used in favour of the applicant.

How can we help you

In order for immigrants to feel included in their new community they should be able to get settled. The route to settlement is long with some hurdles. It is very important to start the process correctly and no two people will necessarily have the same path to settlement. We are here to help you in understanding your immigration status, the options available to you, and to assist you in gaining settled status as soon as possible.

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