It is important to have the precise application at the first outset particularly when long residence application is lodged with the Home Office. The 10 (Ten) years rules under immigration rules are apparent and should be looked in tandem with various factors.
How to apply for long residence application – The immigration rules by an immigration solicitor
THE Ten 10 – YEAR ROUTE FOR LONG RESIDENCE
For any lawyer keeping abreast with immigration rules is very pertinent. As far as long residency application for indefinite leave to remain or settlement is concerned, a solicitor must advice its clients regarding new requirements under the immigration rules. Theva Solicitors not only assess the application on merits but also advice its clients on the immigration law.
According to paragraph 276B of the Immigration rules, an individual with a 10 “continuous and lawful” years of residence in UK can apply for Indefinite Remain to Leave. It is rare that migrants qualify to apply for this rule as there are many complications and certain criteria for the eligibility.
Paragraph 276B explains the term “continuous residence”. It explains that the individual needs to have residence in the UK for an unbroken period. The paragraph also clarifies that it is only permitted to leave the UK when:
- Has leave when he or she leaves or returns
- Does not remain outside the UK for more than six month at a time.
A solicitor inform the client that any absence of more than six month is a broken period of “continuous residence” and consequently causes a higher risk of removal from the UK as well as any absences over 18 months over the 10 years are also not permitted.
A “lawful residence” is when the individual possesses an existing leave to enter or remain or a temporary admission where the leave is subsequently granted or it is an exemption from immigration control which then immediately follows with a grant of leave to enter or remain. Any overstay, whether accidentally or not, will break the period of continuous and lawful residence.
There are exceptional circumstances which the long residence guidance instructs the caseworkers to consider and immigration solicitor or lawyer must intimate the applicant.
THE 20 – YEAR ROUTE FOR LONG RESIDENCE:
Literally every lawyer informs the applicant that since the 9th July 2012, the 14-year route for private life was abolished in the immigration rules. The paragraph 276 of the immigration rule allows a different route to get permanent residency for individuals who have lived in the United Kingdom for 20 years.
The individual applying for this route needs to prove by providing documentations that he or she lived in the UK for 20 years. This excludes any period of time in imprisonment and means that the 20-year period is on hold and resumes once imprisonment is over. Additionally, if an applicant has a prison sentence of over 12 months, the application may not be automatically granted.
COMMON FEARS FACED BY APPLICANTS:
Any individual who has undertaken illegal work with false documents may fear that application will be refused. However, the circumstances will be carefully considered and may not mean it will be automatically refused.
In addition, an applicant may worry that overstaying in the UK can cause the refusal of application. The courts will consider circumstances and judiciously consider the applicant’s situation.
STATUS UNDER 20 YEAR RULE
Under the 20- year route, the applicant will not receive an indefinite leave to remain. The first step will be to receive a discretionary leave for 10 years which allows the applicant to travel outside of the UK and return from their travel for a certain period of time. The discretionary leave also enables the applicant to work and claim benefits.
Theva Solicitors renowned practice for human rights, immigration and Asylum. We pride ourselves providing straightforward and comprehensive advice.