10 Year Long Residence
Indefinite Leave on the basis of 10 years Long Residence
Our UK immigration specialists can advise on applicants who have been to the UK for
- A minimum continuous period of 10 years lawful residence; or
- At least 20 years ‘continuous’ residence in the UK, including time if you were residence unlawfully.
What is ‘continuous’ lawful residence and how should it be calculated?
The term “continuous” is defined as a period of unbroken time of residence in the UK, whereby the applicant has had permission to reside for those 10 consecutive years.
The starting point begins from when you first enter the UK, which then you built the next 10 years upon.
Although you are permitted to spend some time abroad, applicants should be cautious about the amount of time spent as this can “break the chain”.
The Home Office’s guidance sets out what they would generally consider as situations that would break the chain:
1) Any single time slot of absence from the UK of more than 6 months at any time during the 10 years period; or
2) An absence from the UK of less than 6 months when you did not have valid leave to remain on the day you left the country and when you returned.
3) In total, an applicant should not have stayed for more than 540 days outside the UK over the 10 year period.
4) The applicant should not have been removed or deported from the UK or have left the UK following the refusal of leave to enter or remain.
5) The applicant left the UK and at the same time there is evidence that he had no intention to return or he departed the UK in such a manner than objectively, he cannot have expected to be able to return with a lawful valid visa or where there has been a criminal conviction. Other factors that the immigration authorities state may also break continuous residence.
Factors taken into account by the Home Office in granting your application if you have the required 10 year continuous residence in the United Kingdom.
The immigration authorities will also assess whether it is in the public interest to grant you indefinite leave to remain. This is a question based around the following factors:
(b) ties to the UK
(c) personal history
(d) domestic situation
(e) previous criminal convictions (if any) and any other compassionate facts.
The applicant must also have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless you are under the age of 18 or aged 65 or over at the time he makes his application.
Please contact our experienced immigration experts for further details.
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0207 1184 546
© 2015 Westkin – London Immigration Lawyers
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