20 year Long Residence
The UKBA, since the 9th July 2012, closed the 14 year rule and introduced a different provision for overstayers who have lived in the United Kingdom for 20 years.
The rule, Rule 276, allows a legal route to permanent residency for those who have lived in the UK for 20 years.
Key features of 20 year rule are that:
(a) The applicant has to prove through documentation, that he has resided in the UK for 20 years;
(b) This period does not include any period of imprisonment.
(c) It should be noted that any period of imprisonment does not mean that the 20 year period starts again, simply that the 20 year period is kept on hold and only recommences once the period of imprisonment is over.
(d) If an applicant has been subject to a prison sentence of over 12 months, it may not be automatic that the application will be granted.
Common fears under the 20 year rule:
(a) Clients are often worried that any illegal work or work undertaken with false documents will prejudice an application. Although this is a matter that has to be dealt with carefully, it should be noted that this will not automatically lead to the application being dismissed.
(b) Clients are often concerned that the immigration authorities will be unfavourable to them as they have overstayed. Again, although this has to be dealt with carefully, the rule is designed to cover those who have overstayed and takes that into account.
Status under 20 year rule
Unlike under the 10 year rule of lawful residence, applicants under the 20 year rule do not obtain indefinite leave to remain immediately. Under the relevant immigration rule, successful applicants receive discretionary leave for 10 years.
It is only at the end of this 10 year period does the applicant obtain indefinite leave to remain.
Discretionary leave does allow:
(a) applicant’s to travel outside of the United Kingdom;
(b) return to the United Kingdom;
(c) take legal permission to work;
(d) claim benefits.
Contact our leading immigration lawyers if you wish to discuss the matter at a consultation.
How Westkin deal with 20 year cases
(a) Clients should contact our offices, where one of our specialists will be able to discuss the matter in order to see whether on face of it, you have a case.
(b) You will then be invited to a consultation, which lasts 1 hr 15 mins and costs £150 pounds including VAT.
(c) You will then be quoted a price for the entire work which is around £2,000 pounds, depending on the complexity of the case.
Contact our immigration lawyers today to commence your case.
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