Long Residence and Indefinite Leave to Remain

Posted onDecember 20, 2021

Most people are not known for their patience in this age of fast fashion and almost daily technological advances. It seems as if there is a new ‘very latest’ smart phone or games console to buy each week. When it comes to UK immigration law and settling in the UK then patience is the ‘name of the game’ because most indefinite leave to remain applicants are required to have been continuously and lawfully resident in the UK for at least five years before they meet the eligibility criteria for indefinite leave to remain. If you think that five years is a long time to wait then spare some sympathy for those needing to apply under the long residence indefinite leave to remain immigration routes. For them, the wait is ten or even twenty plus years. In this article our indefinite leave to remain lawyers take a look at the immigration rules on long residence and indefinite leave to remain.

UK Online and London Based Immigration Solicitors and Indefinite Leave to Remain Lawyers

For advice on long residence and indefinite leave to remain or any aspect of immigration law call the expert London immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.

What is long residence indefinite leave to remain?

Long residence indefinite leave to remain is the polar opposite of accelerated settlement. With accelerated settlement an indefinite leave to remain applicant is allowed to submit an ILR application even though they have not lived in the UK for a period of at least five years. Long residence indefinite leave to remain is where you are applying to settle in the UK under either the ten-year route or the twenty-year route.

Indefinite leave to remain lawyers advise that it is best to get ILR advice as soon as you get your first work visa ,business visa or family visa. Whilst settling in the UK may feel like it is years away it is important to understand the immigration rules on continuous and lawful residence so that you know what rules you have to comply with in order to be able to apply for indefinite leave to remain under the five-year route.

What are the eligibility criteria for ten-year long residence indefinite leave to remain?

The eligibility criteria for long residence leave to remain depends on whether you are applying under the ten year or twenty-year route. The twenty-year route is generally for those who have had a period of overstaying on a visa so they don’t meet the ten year ‘lawful’ residence in the UK criteria.

The eligibility criteria for the ten-year long residence indefinite leave to remain route are:

You have spent at least ten years living in the UK and meet the continuous and lawful residence rules and your period of residence is not broken up contrary to the immigration rules. (The important point is that your qualifying ten-year long residence period does not need to be recent. The immigration rules say you can use a historic continuous period of ten-year lawful residence).
There are no public interest reasons why it would be undesirable to grant your indefinite leave to remain application.
There are no general grounds for refusing your ILR application. For example, a ground for refusal would be a relevant criminal conviction.
You have not breached UK immigration laws.
You meet the English language and life in the UK test requirements.

What are the eligibility criteria for twenty-year long residence indefinite leave to remain?

The big difference between the ten year and twenty-year routes to indefinite leave to remain is that if you apply under the twenty-year route your time in the UK has to be continuous but not necessarily lawful. That means if you did not have UK entry clearance or you overstayed on a visa then the twenty-year route may be best for your circumstances. The other suitability eligibility criteria are the same.

The immigration rules on continuous residence are very similar to the ten-year route save that time spent in prison doesn’t break your continuous residence although the actual time spent in prison doesn’t count when you are calculating your time spent in the UK.

If you pursue an application under the twenty-year rule, indefinite leave to remain lawyers advise that the Home Office will normally grant a time limited leave to remain for thirty months and continue to renew the leave until you have accumulated 120 months of time limited leave. You can then apply for indefinite leave to remain and UK settlement.

What happens if a long residence indefinite leave to remain application is refused?

After waiting ten or twenty years to make an application for indefinite leave to remain specialist indefinite leave to remain lawyers are often consulted by persons refused ILR status who want to know what they can do next. Often an applicant has either made their own ILR application or used a non-expert ILR lawyer. The immigration rules on continuous and lawful residence and the documents you need to support your ILR application can catch many UK settlement applicants out.

A look at the application and the Home Office reason for refusal plus some further investigation work will normally result in specialist indefinite leave to remain lawyers being in a position to advise on your best immigration options.

The refusal of an indefinite leave to remain application does carry a right of appeal against it as it is deemed to be a human rights matter. Where your human rights are engaged there is a right of appeal against a Home Office refusal. If your long residence indefinite leave to remain application has been refused you will need to act quickly as there are time limits to lodge an appeal.

Does ten-year long residence indefinite leave to remain status have different conditions or limits to five year or accelerated indefinite leave to remain?

Indefinite leave to remain lawyers are asked whether if an applicant applies for indefinite leave to remain using the ten-year long residence route whether their immigration status is any different to their friends or family or work colleagues who secured indefinite leave to remain through accelerated settlement or using the five-year route. The answer is that once you have secured indefinite leave to remain it does not matter as your indefinite leave to remain status is just the same as anyone else’s and you have identical conditions and limitations on your ILR status.

Once you have your indefinite leave to remain on long residence, you are free from most immigration controls and your entry clearance to stay in the UK is no longer time limited. If you were in the UK on a work visa and needed a sponsoring employer then you will no longer need a sponsor. That will give you more choice of employer and freedom of employment. However, the major limit on your indefinite leave to remain is that if you leave the UK for two or more years you will automatically lose your indefinite leave to remain status. You can apply for a returning resident visa so you can get your indefinite leave to remain status reinstated. However, the returning resident visa application will only work if you intend to live in the UK as opposed to keeping your indefinite leave to remain as a ‘back stop’ in case you need or want to return to live in the UK at some future point.

If you have questions about your long residence indefinite leave to remain application or if your indefinite leave to remain application has been refused and you need ILR appeal advice, call the indefinite leave to remain experts.

UK Online and London Based Immigration Solicitors and Indefinite Leave to Remain Lawyers