To have a successful ILR application, it is imperative that you fulfil long residence UK requirements as laid down in the long residence guidance by the Home Office.
Earlier, it was possible to grant a long residence after a period of 14 years continuous residence in the UK. This provision was removed by changes to the Immigration Rules 09 July 2012 henceforth. The long residence UK consists of 10 and 20 years residence.
Also, if a person has been granted an extension of stay after an online application made before 09 July 2012 would still be considered under the rules of the country before that date. This means if a person granted leave to remain depending on the 14 years residence in the UK would still be granted indefinite leave to remain once the requirements are made.
10 years residence rule requirements
- 10 Years Residence Rule states that Individuals who have been lawfully in the UK for 10 years continuously can apply for indefinite leave to remain.
- Along with it, in order to make a successful application, there must be no valid reasons why granting leave is unreasonable in the public good.
- In order for you to qualify under the 10-year residence rule, you must also have passed the Life in the UK test and possess English proficiency at level B1.
20 years residence rule requirements
- The applicant has to prove through supporting documentation, that he has lived in the UK for 20 continuous years. 20 years period does not amount to any period of imprisonment.
- It should be carefully considered that any period of imprisonment does not mean that the 20-year period begins again, whereas simply that the 20-year period is put on hold and only begins again once the period of imprisonment is over.
- If an applicant has been subjected to prison for over 12 months, it may not be automated that the application will be approved.
Consider the suitability grounds
An application can be refused on valid grounds if there is evidence that the applicant’s background, behaviour, conduct, character, or association prove that they should not be allowed to remain in the UK. The basis of the general grounds of refusal is set out in paragraphs 320 and 322 of the Immigration Rules.
Home Office guidance on 10 years long residence ILR applications encourages caseworkers to work with prudence that they:
“must consider whether there are any reasons why it would be undesirable on public interest grounds to grant indefinite leave. In considering this you must take into account the person’s:
- age
- strength of connections in the UK
- personal history, including character, conduct, associations and employment record
- domestic circumstances
- compassionate circumstances
- any representations on the person’s behalf
The applicant must also not fall for refusal under the general grounds for refusal. You must assess the factors in paragraph 276B (ii) to decide whether a grant of indefinite leave would be against the public interest. You must look at reasons for and against granting indefinite leave using the factors listed and, where necessary, weigh up whether a grant of indefinite leave would be in the public interest”.
An application for 10 years long residence ILR must include evidence relating to an applicant’s personal circumstances, property, working, history, contribution to the community and general behaviour.
Take legal support for a successful application
Every ILR seeker would want to get their application right in a go without attracting any threat of refusal. A Y & J Solicitors have been supporting their clients with bespoke legal advice on Indefinite to Remain to help them achieve their successful application.
