An individual to be eligible for ILR settlement by Long Residence in the UK must have lived lawfully in the UK for a continuous period of 10 years.
For the application to go through, he/she must fulfil the following conditions:
- The applicant should meet the continuous legal residence criteria which means that he/she did not have any interruptions in their legality of stay. However, the exception is any periods of overstaying of up to 28 days before 2016. The requirements also disregard any periods of overstaying if the applicant received leave after November 24 under paragraph 39E of the Immigration Rules.
- The applicant should not have been absent from the UK for a period not exceeding 18 months in total during the ten years, or 6 months at any one time. The continuous residence was valid if the applicant left the UK having a valid leave to remain and returned to the country within six months with valid consent to enter. The Home Office will also consider the continuous residency as not interrupted if within 28 days of expiry, but before November 24, 2016, the applicant had reapplied for clearance and re-entered the country within six months after leaving.
- There are no conflicts of public interest that would make a grant of leave undesirable
- The applicant possesses good character
- The applicant completed Knowledge of Language and Life in The UK test
As per paragraph 322 (1C) of the Immigration Rules, the requirements of meeting proper character requirements are subject to the following conditions:
- Conviction of a criminal offence and a sentence to imprisonment for four years or longer prevents the applicant from reaching the good character requirement
- If the applicant had received a conviction of a criminal offence and sentenced to prison for 12 months or more, but less than four years, the rules will consider the sentence spent after 15 years from the end of the sentence
- If the sentence was imprisonment of fewer than 12 months, then the rules allow not to consider it seven years after the end of the term
- Within 24 months after making the application for indefinite leave to remain, the applicant should not receive any convictions or admission of liability in which a crime is punishable with a non-custodial sentence or gain out of court disposal recorded in his/her criminal record
The requirement of good character
In addition to the need for good character, the applicant should not have any issues that would be detrimental to public interest such as character conduct, personal history, employment record and associations. Thus, the decision-maker is allowed to use a broader range of discretion and may potentially refuse the application on the ground not explicitly stated out in the Immigration Rules.
Time spent in the UK under the EEA Regulations is not considered as a lawful for individuals under paragraph 276A of the Immigration Rules if they have spent time in the UK has the following status:
- a family member of the EEA National
- an EEA National who was exercising their treaty rights in the UK but had no sufficient qualification for the permanent residence
- A former family member of an EEA National who has a retained rights of stay.
28 days before completion of the ten years
The rules allow applicants to make applications up to 28 days before the end of the ten years and reject those made earlier.
There are no provisions to include dependants in the application for settlement under the Long Residence rule. If the application form includes a dependant by mistake, then the Home Office refuses the request. Applicants are thus advised to seek legal advice since the long residence rule does not include provisions that cover dependents, with each case requiring individual consideration.
The immigration lawyers at Law Park are experts in dealing with the application for Indefinite Leave to Remain by ten years Long Residence. If you need legal help from immigration lawyers in London to prepare and submit your application for Indefinite Leave to Remain by ten years Long Residence, and we are here to provide you friendly, reliable, efficient and professional immigration service.
An application by ten years Long Residence
If our team of immigration lawyers works with you and your request for Indefinite Leave to Remain by ten years Long Residence, you can expect to enjoy the following services:
- We will provide you with detailed instructions in regards to immigration regulations as well as the specific procedures required by the Home Office and the UKBA that are relevant to your case.
- You will get answers to any questions about your case while identifying its benefits and drawbacks.
- A member of our team will explain all documentation that you need to submit alongside your application for Indefinite Leave to Remain by ten years Long Residence.
- Our immigration lawyers will examine these documents and discuss how they are relevant to your case.
- We will complete the application forms and answer any questions that you may have. If needed, our immigration lawyers will prepare a sponsorship declaration and explain the process in detail.
- Our lawyers will draft a cover letter that will support and submit the application for Indefinite Leave to Remain by ten years Long Residence.
- One of our immigration lawyers will communicate with the UKBA and the Home Office to ensure a quick decision in regards to your application for Indefinite Leave to Remain by ten years Long Residence.
- We will protect your interests during the entire process. We will keep you informed while the application is pending with the Home Office.