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07 May How to apply for ILR on the basis of long residence?

Posted on May 7, 2019 in Other Visas by
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Settlement can be granted under paragraphs 276A-276D of the Immigration Rules after a period of 10 years of continuous lawful residence in the United Kingdom.

What are the requirements for ILR based on the long residence route?

In order to qualify for settlement, you have to meet the requirements as below:

  • You have spent a period of at least 10 years residing in the UK continuously and lawfully;
  • Your 10 year period of lawful residence is unbroken;
  • There must be no reason why granting leave is against the public good;
  • You have to pass Life in the UK test;
  • You have to meet the English language requirement;
  • You must not fall for refusal under the general grounds for refusal;
  • You must not be in breach of the UK immigration laws.

 

Which situation can be considered as a break of continuous residence in the UK?

Continuous residence is considered to be broken if:

  • You have been absent from the UK for a period of more than 6 months at any one time; or
  • You spent a total of 18 months outside the UK throughout the whole 10 year period; or
  • You left the UK before 24 November 2016 with no valid leave to remain on your departure from the UK, and failed to apply for entry clearance within 28 days of your previous leave expiring (even if they returned to the UK within 6 months).

 

How long does it take?

You will receive the decision within 6 months of your application date if you use the standard service, whilst within 24 hours of your UKVCAS appointment if you use the super priority service.

Please note that the decision might take longer if:

  • Your supporting documents need to be verified; or
  • You need to attend an interview because of your personal circumstances, for example if you have a criminal conviction etc.

 

Please note that the applicant might need to explain or demonstrate that the absence(s) was/were for an exceptional or compelling reason.

Contact Our Immigration Team

For expert advice regarding any aspect of long residence or settlement application, please contact our immigration team on 0203 384 3075 or email [email protected].

 

 

The content of this article is for general use and information only. Since each case should be prepared on its own merit and in light of the constant amendments to the Immigration Rules, it is important to note that the information provided must not be relied upon unless Migra & Co has either given written consent or has been officially engaged in relation to a specific immigration matter. As a result, Migra & Co will take no responsibility for any damage, cost or loss resulting from relying on the information contained in this article, blog and website.