The UK immigration permits overseas nationals to live in the UK on a leave to remain on the basis of continuous long residence. Applicants can apply for Indefinite Leave to Remain(ILR) after 10 years of continuous residence and after 20 years of continuous residence.
What is a 10 Years Residence Rule?
The 10 years Residency rule states that any applicant who has been legally living in the UK for 10 years continuously can apply for indefinite leave to remain. And, in order to make a successful online application, there must be no grounds or gaps to refuse your Indefinite Leave to Remain application. To be able to qualify under the 10-year route, you must also have passed the Life in the UK test and speak, listen and write the English language at level B1.
What does lawful residence mean?
To succeed under the 10-year residency rule, the applicant must have been residing lawfully in the UK. In other words, the applicant must have been in the UK with the valid leave to enter or remain.
Paragraph 39(E) deals with small gaps in lawful residence after 24th November 2016. If an applicant made an application within 14 days of his or her leave which is about to expire the Secretary of State may decide to overlook a period of overstaying. In doing so the Secretary of State may consider the following:
- if there were valid grounds beyond the applicant’s control for the period of overstay; or
- if the application was made just after the refusal of a previous application, and within 14 days of;
-the refusal of the last application made, or
-the expiry of the leave as prolonged by section 3(c) of the Immigration Act 1971, or
-within the expiry of the time limits of making an in-time application for administrative review; or
-within 14 days of any administrative review or appeal being withdrawn or abandoned.
The long residence guidance from the Home office advises solicitors and caseworkers to consider compelling circumstances when the period of overstaying is more than 28 days. It was taken before 24th November 2016. However, there is no adequate provision for after November 2016 for those applicants who have overstayed longer than 14 days.
When can I make the application for 10-year residence rule?
You can make the online application under the 10-year rule as early as 28 days before completing the qualifying time period of 10 years. As easily as 28 days before completing the qualifying period of 10 years you can apply.
If an application is received way before 28 days, it is subject to get refused. This is precisely because the applicant has not yet completed the qualifying period as stated by the UK government and the application is submitted too early.
What is a continuous residence for a 20-year long rule?
The continuous long residence UK for the 20-year rule is similar to the 10-year rule. However, unlike under the 10-year rule, under the 20-year route, a person does not need to be lawful in the UK to have continuous residence.
Requirements under the 20 years rule
-The applicant must fulfill suitability grounds
-The applicant must make a genuine application
-The applicant must have resided continuously in the UK for 20 years
Take legal advice
It is imperative that the applicant must be fully aware of the 10-year and 20-year residence rules before applying for Indefinite Leave to Remain. You must take legal assistance. A Y & J Solicitors provide bespoke advice on all aspects of leave to remain and their advice has benefitted over 4000 clients in the past 10 years.
