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Personal Immigration

Settlement [Long Residence]

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Settlement Long Residence

This route is for applicants looking to settle in the UK on the basis of continuous and lawful 10 years long residence attained in a single or combination of different immigration routes.

Requirements for Settlement under Long residence

In order to qualify for Indefinite Leave to Remain under the Long Residence route, the applicant would normally need to satisfy the below requirements.

  • Spent a continuous and lawful period of 10 years in the UK
  • Continuous residence is not broken
  • Have sufficient knowledge of the English language or exempted
  • Passed Life in the UK test or exempted
  • Must not in be in breach of any immigration laws except for those disregarded and maintained the terms of all UK visas

Home Office will also consider other factors such as your age, personal history, relations in the UK etc as part of suitability checks for ILR on the grounds of public interest reasons. 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 due to exceptional or compelling reasons.

The continuous lawful residence will be deemed as met if the applicant has fulfilled the following conditions.

  • Not absent UK for more than 18 months (540 days in total) during the 10 years period
  • Maintained valid leave to remain status under any immigration category for the period
  • Not absent from the UK for more than 6 months on any one occasion during the 10 years period
  • Not left the UK during the 10 years period with a clear intention or evidence of not returning to the UK.
  • Not left the UK with a valid leave to remain, entered the UK without a visa or both
  • Not have been removed or deported from the UK during the 10 years period

If the application is refused, the applicants may challenge the decision by making an appeal to First-Tier tribunal if appeal rights are granted or if not, challenge the decision by the way of a Judicial Review.

How can we assist?

Our Immigration lawyers at City Legal have immense experience in assisting clients on Settlement under the ong residence route and have dealt with many complicated cases of absences and those with discretionary reasons. We are a multi award winning law firm and pride ourselves in being approachable, innovative and always going that extra mile to make sure our clients receive the individual attention they deserve. Our Immigration team maintains a high reputation and is committed to provide clear, transparent and reliable advice to our clients.

Frequently Asked Questions

Can I rely on a 10 year lawful residence from the past?

Once an applicant has built up a period of 10 years’ continuous lawful residence, there is no limit on the length of time afterwards when they can apply. This means they could leave the UK, re-enter on any lawful basis, and apply for settlement from within the UK based on a 10 year period of continuous lawful residence they built up in the past. There is also nothing to prevent a person relying on a 10 year period that they may have relied on in a previous application or grant

When can I apply for British Citizenship after obtaining Settlement?

Applicants will normally be able to apply for naturalisation as a British Citizen 12 months after obtaining the settlement, unless they are married to a British Citizen spouse, in that case they can apply immediately.

Is it possible to get an exemption for Knowledge of Language & Life in the UK?

Applicants under the age of 18 or over 65, those suffering from long term illness, mental condition or disability that restricts them from preparing for the test are normally exempted.

How many days of absence normally break the continuous residence?

In Long residence cases, applicants should not be absent for more than 18 months during the 10 years and no more than 6 months in any one instance. Applicants do not break continuity if they leave the UK on a vaid visa and re-enter the UK with a valid visa; which could be in a different category and if they do within 180 days.

Is it possible to apply further leave if I do not meet all requirements of ILR?

The applicant may apply to extend the stay in the UK on the ground of long residence, rather than apply for indefinite leave to remain if they do not meet all the requirements for example Life in the UK test or met the English Language requirement.
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