Indefinite Leave to Remain and Settling in the UK After Twenty Years Long Residence
If you have been in the UK for twenty years or more and have not sorted out your immigration status it may be because you know, or think you know, that you have a problem. You may have been trying to avoid dealing with the issue. UK immigration solicitors and indefinite leave to remain lawyers can understand that, but they may be able to help, by checking to see if you will qualify for indefinite leave to remain under the twenty year long residence rule.
UK Online and London Immigration Solicitors and Indefinite Leave to Remain Lawyers
For advice on your immigration status and best immigration options call the immigration lawyers on 0203 959 9123 or contact us online.
Have you been in the UK for twenty years?
If you have overstayed on a visa, or if you entered the UK without entry clearance, you may think that you will never be able to sort out your immigration status. With right to rent and right to work checks, as well as the other ‘hostile environment’ measures by the Home Office, that means a life ‘in the shadows’. Our indefinite leave to remain lawyers may be able to bring an end to that by assessing whether you can apply for leave to remain using the twenty-year route.
Continuous twenty-year UK residence
To qualify under the twenty-year route, you have to have been continuously in the UK for at least twenty years, though not necessarily legally
The twenty years continuous residence can be broken by:
- Deportation or
- Leaving the UK and unable to lawfully re-enter or
- Your being out of the UK for a total of eighteen months in the twenty years or
- Your being out of the UK for less than six months and not having valid leave to remain when leaving the UK or valid leave to enter the UK when returning or
- You received a custodial sentence after conviction for an offence. If you are sentenced to a term in prison the twenty-year clock does not reset to year one but the months or years spent in prison don’t count towards the twenty-year continuous residence requirement.
Therefore, if you have a bit of a chequered immigration history your indefinite leave to remain lawyers will need to look at whether you meet the continuous element of the twenty-year rule.
You will also need to be able to prove that you have been in the UK continuously for twenty years. Our indefinite leave to remain lawyers can advise on the sort of information and supporting paperwork that you will need to get (if you haven’t kept documents) and to submit with your application. For example, evidence that you lived at addresses over the years. It is best to get the paperwork right rather than risk having your application refused simply because you have not provided the evidence the Home Office requires to prove that you have been living in the UK for over twenty years.
UK Online and London Indefinite Leave to Remain Lawyers
For friendly help on sorting out your immigration status call the expert London immigration lawyers on 0203 959 9123 or contact us online.
The twenty-year rule
The technical bit is that an application under the twenty-year rule is made under paragraph 276 of the immigration rules. Whilst you don’t have to have been in the UK legally during your twenty years of continuous residence, you do need to meet the following eligibility criteria:
- You must be at least twenty-five years old and
- You must meet the good character requirement for an indefinite leave to remain application and
- You must make a limited leave or indefinite leave to remain application.
In other words, you can't do nothing and assume that because you have amassed twenty years in the UK that you are protected and that your leave to remain is automatic. It isn’t. You still need to make an application to the Home Office.
Applying for the twenty year long and continuous residence route to indefinite leave to remain
The path from twenty-year continuous residence to indefinite leave to remain status isn’t quick but immigration solicitors say it is best to start getting your immigration status sorted as soon as you are eligible to do so under the twenty-year rule.
The first step is to get limited leave to remain. That limited leave lasts for thirty months and you will have to make repeat applications for limited leave to remain for an additional thirty months until you have amassed ten years of time on limited leave. The ten-year period is in addition to spending at least twenty years continuously (though not necessarily legally) resident in the UK. You are then finally able to apply for indefinite leave to remain, provided you still meet the eligibility criteria.
Is it worth it ? Immigration lawyers say yes, it is, but the first step and your best option is to check whether you meet the twenty-year continuous residence requirement so you can start your limited leave to remain applications so you are on the long path to indefinite leave to remain based on the twenty-year rule. Once you have secured your indefinite leave to remain, you could potentially apply for British citizenship, though technically this is not a requirement as you will have formal immigration status as a person with indefinite leave to remain in the UK.
UK Online and London Immigration Solicitors and Indefinite Leave to Remain Lawyers
For advice on any aspect of immigration law call the immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.