Long Residence (Indefinite Leave to Remain)

Long Residence (Indefinite Leave to Remain)

If you have resided lawfully and continuously in the UK for ten years you might be eligible for indefinite leave to remain (ILR) and can apply on the basis of the 10-year lawful residence rule. Lawful continuous residence has to be shown and an applicant must not have spent no more than 18 months (which is a period of 540 days) outside the UK in the 10-year period (a month is taken to be 30 days by UKVI guidance).

Our indefinite leave to remain solicitors can provide guidance on long residence rules in support of your application.

Continuity of residence will not be broken where an applicant has been absent from the UK for a period of less than six months, provided they had leave to enter or remain on their departure and on their return. Furthermore, in respect of an application for ILR made on or after 24 November 2016 continuous residence will not considered to be broken where the application was made within 14 days of the applicant’s leave expiring if the Home Office considers that this was for a good reason beyond the control of the applicant, which is likely to be difficult to prove.

Even if the residence requirements are met, an applicant must satisfy the public interest test as set out in the Immigration Rule. The following factors will be taken into account in deciding whether there are any reasons ILR should not be granted in the public interest:

Reasons ILR should not be granted in the public interest

The following factors will be taken into account in deciding whether there are any reasons ILR should not be granted in the public interest:

• age
• strength of connections in the United Kingdom
• personal history, including character, conduct, associations and employment record; and domestic circumstances
• compassionate circumstances
• any representations received on the person’s behalf

‘Suitability criteria’

All applicants must satisfy the ‘suitability criteria’. These are essentially criminality and character criteria and immigration history.

Sufficient knowledge of life in the UK

All Long Residence Visa applicants must also show sufficient knowledge of life and language in the UK. Sufficient knowledge of life in the UK is shown by either passing a Knowledge of Life in the UK test (which is taken at a designated test centre) or by completing an ESOL (English for Speakers of other Languages) course which has Citizenship syllabus.

English language ability to level B1 CEFR

ILR Visa applicants must demonstrate an English language ability to level B1 CEFR (Common European Framework Reference) by either having an approved English language test pass certificate (in speaking and listening only), having a degree taught in English recognised as equivalent to at least a UK Bachelors degree or by being a national of a majority English-speaking country.

Private life

The 14-year unlawful residence rule has been abolished on 9 July 2012 and replaced with new long residence rules based on the extent of an individual’s private life in the UK. ILR is not granted in the first instance but leave to remain would be granted for two-and-a half years – after 10 years’ continuous residence with leave to remain on the basis on private life, the applicant can apply for ILR on criteria similar to the 10-year lawful residence rule. There are four categories providing for 20 years’ long residence, 7 year’ residence for children, those with half their lives lived in the UK and those with no ties in the country he would be returned to, as set out below as per the Immigration Rule.

• has lived continuously in the UK for at least 20 years (discounting any period of imprisonment); or
• is under the age of 18 years and has lived continuously in the UK for at least 7 years (discounting any period of imprisonment) and it would not be reasonable to expect the applicant to leave the UK;
• is aged 18 years or above and under 25 years and has spent at least half of his life living continuously in the UK (discounting any period of imprisonment); or
• is aged 18 years or above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but there would be very significant obstacles to the applicant’s integration into the country to which he would have to go if required to leave the UK.

Our Service

Our expert UK immigration solicitors can assist with all stages of the process and fully prepare the application on behalf of the client. We will advise on the merits at the outset and make clear the legal and evidential requirements so that the application is set up on the best footing from the very start. We of course advise on all the supporting documents and evidence required and take the client through the immigration process from start to finish.

Our long residence and ILR lawyers can assist with templates for documents specified by the Rules and deal with third parties where necessary and we aim to make the whole process as smooth as possible. If there are any issues in your immigration matter you will know before applying and we can help best overcome them. In short, we prevent mistakes and ensure any indefinite leave to remain application meets the requirements of the Immigration Rules. We are here to help you safely navigate your way through the UK immigration process.

Contact our ILR Solicitors London, UK

Qore Legal  is based in Central London and we assist clients from throughout England. We also specialise in immigration services for Chinese companies and individuals. For advice on ILR requirements and applications, please contact a long residence and ILR solicitor at Qore Legal – call 020 3946 2560, email info@qorelegal.co.uk or use our online contact form.