LONG RESIDENCE SETTLEMENT VISA APPLICATION 10 YEARS LEGAL AND CONTINUOUS STAY

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Indefinite Leave to Remain (Settlement) is the first goal of all immigrants which makes them free of all sorts of immigration control, work or study restrictions, residence restrictions, and also entitles them to seek public funds. Here we will discuss about applying for ILR Long Residence 10 years legal and continuous stay on the basis of having completed 10 years of legal and continuous residence in the UK in accordance with the relevant immigration rules.

REQUIREMENTS FOR LONG RESIDENCE UK SETTLEMENT VISA APPLICATION

The main requirements FOR Long Residence UK Settlement visa application are having legal and continuous residence in the UK for 10 years.

What lawful residence means?

It means continuous residence pursuance to

  • existing leave to enter or remain; or
  • temporary admission within section 11 of the 1971 Act (as previously in force), or immigration bail within section 11 of the 1971 Act, where leave to enter or remain is subsequently granted; or
  • an exemption from immigration control, including where an exemption ceases to apply if it is immediately followed by a grant of leave to enter or remain.

When lawful residence is considered to be broken?

Lawful residence is considered to be broken when the applicant is

  • has been removed under Schedule 2 of the 1971 Act, section 10 of the 1999 Act, has been deported or has left the United Kingdom having been refused leave to enter or remain here; or
  • has left the United Kingdom and, on doing so, evidenced a clear intention not to return; or
  • left the United Kingdom in circumstances in which he could have had no reasonable expectation at the time of leaving that he would lawfully be able to return; or
  • has been convicted of an offence and was sentenced to a period of imprisonment or was directed to be detained in an institution other than a prison (including, in particular, a hospital or an institution for young offenders), provided that the sentence in question was not a suspended sentence; or
  • has spent a total of more than 18 months absent from the United Kingdom during the period in question.

Periods of Overstaying

If you have overstayed for a brief period of time (i.e. less than 28 days) before 24 Nov. 2016 or less than 14 days after 24 Nov. 2016, your leave is still considered to be continuous.

The procedure for Settlement based on Long Residency 10 years route

One can apply for settlement if he/she has been in the UK legally for 10 continuous years or more providing they meet all the eligibility requirements. If you complete 10 years of your residence in the UK whilst your other application is pending, you may vary that application to rely on your 10 years of legal and continuous residence in the UK.

When can you apply for Indefinite Leave to Remain based on 10 years route?

The applicant will need to reside in the UK for at least 10 years which start from the date when he / she first entered the UK. They can however make their applications 28 days before completing their 10 years in the UK.

Absences from the UK

The maximum absences allowed for the applicants making their ILR application on the basis of 10 years residence, is 18 months in total. And each of their absences must not exceed 6 months in one go.

Knowledge of English Language & Sufficient Knowledge about Life in the UK

The applicants are required to provide evidence of the above which is at present fulfilled by passing life in the UK test, they would additionally be required to provide evidence of ability to communicate in English language at level B1.

FURTHER LEAVE TO REMAIN ON LONG RESIDENCE BASIS

In some cases the applicant who may not be eligible for indefinite leave to remain on long residence basis, may make an application for further leave to remain instead.

In what cases Further leave to remain may be sought instead of ILR?

The applicants may make application for further leave to remain in the UK under the following circumstances:

  • If he falls for refusal under the general grounds of refusal.
  • If he is unable to pass English language test B1 level or is unable to pass the life in the UK test.

The applicant however needs to fulfil the rest of the requirements to be given has spent a total of more than 18 months absent from the United Kingdom during the period in question.

Validity of Leave

The applicant is granted 2 years of leave. If the applicant has spent less than 20 years in the UK, the grant of leave would be subject to the same conditions attached to his last period of leave. If the applicant has spent more than 20 years in the UK, the grant of leave would not contain any restriction on employment.

The procedure for Further leave to remain based on Long Residence

One can apply for further leave to remain if he/she has been in the UK legally for 10 continuous years or more providing they meet all the eligibility requirements for settlement except the knowledge of English requirement or falling under general grounds of refusal.

When can you apply for Further Leave to Remain based on Long Residence?

The applicant will need to reside in the UK for at least 10 years which start from the date when he / she first entered the UK. They can however make their applications 28 days before completing their 10 years in the UK.

Absences from the UK

The maximum absences allowed for the applicants making their ILR application on the basis of 10 years residence, is 18 months in total. And each of their absences must not exceed 6 months in one go.

VARIATION OF LEAVE TO REMAIN APPLICATION

It often occurs when the applicant has already made an application to the home office and later his circumstances change and he wishes to rely on different grounds to obtain further leave to remain. He may at that stage make a variation of leave to remain application in order to vary the earlier application made on different grounds.

When a Variation of Leave to remain Application can be made?

The applicant may make variation of leave to remain application at any time before the earlier application is decided by the home office. One has to give a proper reason of making variation of application and provide the relevant documents. It will be in fact a fresh application made with the fee and the immigration health surcharge, if applicable but with a covering letter explaining the reason of making this application.

Which immigration applications can be varied?

Any immigration application made under the immigration rules may be varied at any time before a decision has been made on the earlier leave to remain application.

Effect of Making Variation of Leave to remain Application

If the first application was made while the applicant had valid leave to remain the variation of leave to remain application before a decision has been made on the first application, the applicant’s leave is considered to be extended by virtue of section 3C of the Immigration Act 1971, with the same restrictions as he had with the earlier leave.

Variation of SET (O) Application to SET (LR) Application

Both these applications are made for the same purpose i.e. obtaining Indefinite leave to remain in the UK. However, the applicant may still choose to vary the grounds of the application for ILR by making variation of leave to remain application because of the following reasons:

  • The criteria of obtaining ILR on the basis of long residence are quite straight forward as compared to applying for ILR on the basis of other immigration categories.
  • If refused, SET LR will give the applicant full in-country right of appeal while if SET (O) is refused the applicant is only given Right of Administrative Review.
  • If given right of appeal, the applicant’s leave is considered to be extended by virtue of paragraph 3C of the Immigration Act 1971 till all appeal rights are exhausted. This includes right to work and remain in the UK provided the applicant had valid leave to remain at the time of making his SET (O) application.
  • In administrative review applications, the applicant is not generally permitted to rely on any further documents or information to address any reasons of refusal while in appeals the applicant is permitted to make use of any new documents or information not available at the time of making the SET LR application.

Refund of Home office Fee

Once variation of leave to remain is accepted as valid application, the home office shall make arrangements for the refund the lower amount of fee paid by the applicant.

UK VISA SUPER PRIORITY SERVICE FOR LONG RESIDENCE APPLICATION

We can arrange for super priority service for this application and represent our clients in getting their further leave to remain expeditiously, by making sure that all requirements are met and making appropriate representations. The UK visa standard service takes around 3-4 months while the UK visa super priority service gets you the decision within 24 hours.

Why to instruct Chauhan Solicitors to advise you on your 10 Years Long Residence Application and Refusal of Long Residence ILR

We are a city law firm, specialising in UK Immigration matters. We are located in Central London, therefore conveniently accessible to Londoners and clients in other parts of the UK. Moreover, since all the UK immigration Applications can be submitted online, it has become easier for us to take instructions from anywhere in the world. We have been advising our clients successfully on their Long Residence ILR Application.

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