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.
What are the main eligibility requirements for ILR on grounds 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 have spent a period of at least 10 years residing in the United Kingdom continuously and lawfully; and
- Your 10 year period of lawful residence is unbroken; and
- There are no public interest reasons why it would be undesirable to grant you indefinite leave to remain; and
- There are no general grounds for refusing your application (such as a relevant criminal conviction); and
- You have demonstrated sufficient knowledge of the English language and about life in the United Kingdom; and
- You are not in the United Kingdom in breach of immigration laws.
You will have a break in your residence if at any time during the period relied upon:
- You were absent from the UK for more than 18 months in total; or
- You were removed or deported from the UK; or
- You left the UK having been refused leave to enter or remain;
- You evidenced a clear intention not to return to the UK on leaving; or
- You left the UK with no reasonable expectation of being able to return lawfully; or
- You were sentenced to a period of imprisonment (not suspended) or directed to be detained; or
- You were absent from the UK for more than 6 months at any one time; or
- You were absent from the UK for less than 6 months but had no leave either upon departure or return (or both).
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:
- Your age;
- The strength of your connections in the UK;
- Your personal history (e.g. character, conduct, associations, and employment record);
- Your domestic circumstances;
- Any compassionate circumstances; and
- Any representations submitted on your behalf.
What else do I need to know about ILR on the basis of Long Residence?
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.
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 if refused.
How our immigration barristers can help
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.
WE CAN ALSO ASSIST WITH
Making a Subject Access Request to the Home Office
If you need to confirm your immigration status and travel history in the UK, we can apply to the Home Office for disclosure of your immigration records. We will analyse your immigration history in order and advise you on the prospects of making a successful application for indefinite leave to remain.
Applications for Further Leave to Remain on the ground of Long Residence
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 the UK on the ground of long residence, rather than apply for indefinite leave to remain.
Next working day super priority service appointments
You may be able to submit your application in person and receive a decision on the next working day, using UK Visas and Immigration’s Super Priority Service.
We can arrange for one of our legal associates, who is familiar with your case, to accompany you to the service centre, assist you with registering, provide assistance with enrolling your biometrics and liaise with the immigration officer, caseworker and, if required, your barrister on your behalf.
Returning Resident applications
If you are a non-UK citizen and are not currently in the UK, but have previously been granted indefinite leave to remain in the UK, you may be eligible to return to the UK for settlement as a Returning Resident.
Fresh Applications and Immigration Appeals following Long Residence refusals
If your application for settlement on the basis of 10 years continuous and lawful residence has been refused, our immigration barristers can advise you on the merits of making a fresh application and/or challenging the decision by way of an appeal to the Immigration Tribunal.
As well as preparing high quality visa applications, our immigration barristers provide professional legal advice and representation in relation to every aspect of pursuing a UK immigration appeal.
Our immigration appeal barristers advise on the merits of appealing against Home Office immigration decisions, draft grounds of appeal and applications for permission to appeal, prepare appeal bundles and provide representation at immigration appeal hearings before the First-tier Tribunal, Upper Tribunal and higher courts.