27th July 2018

Any applicant who has continuously been resident in the UK lawfully for a period of 10 years or more is eligible to apply for indefinite leave to remain in the UK (‘ILR’).

One of the critical parts of satisfying Paragraph 276B of the Immigration Rules is the requirement for the applicant to prove that he/she has continuously been lawfully resident in the UK for a period of at least 10 years or more.

Since entry to the UK provided that the applicant has always made valid in-time applications prior to the expiry of his/her leave then continuous lawful residence is not broken pending the determination of an application by the Home Office.  Further, if an application is refused by the Home Office and a valid in-time appeal/administrative review is lodged and is thereafter successful and leave to remain in the UK (‘LTR’) is granted then this whole period is also considered as continuous lawful residence as leave is not broken pending the determination of an appeal/administrative review.

Further, if the applicant during this 10 year period left the UK and prior to departing from and returning back to the UK had leave, whether in the same or different immigration category, then continuous lawful residence is not broken provided however that he/she has not been absent from the UK for a period of more than six months in any one period or for a period of more than 18 months cumulatively unless there are compelling or compassionate circumstances which have resulted in absences from the UK in excess of the aforesaid periods.

Further, all of the public interest factors must be in his/her favour for being granted ILR in the UK such as; age, strength of connections, personal history (including character, conduct, associations and employment record), domestic circumstances and compassionate circumstances.

Further, he/she must not fall for refusal under the general grounds of refusal such as, for example, that he/she has been subject to a sentence of imprisonment for a period of four years or more, false representations made, false documents submitted.

Further, he/she must achieve sufficient knowledge of the English language in Speaking and Listening to Level B1 of the Common European Framework of Reference for Languages and in addition sufficient Knowledge about Life in the UK Test under Appendix KoLL of the Immigration Rules.  If he/she does not achieve both of these tests however does meet all of the other parts of Paragraph 276B of the Immigration Rules then he/she can be granted LTR for a period of two years, as opposed to ILR, on the basis of long residence on the same conditions as his/her previous grant of LTR.

Further, he/she must not at the date of application have overstayed for a period of more than 14 days nor previously have overstayed for a period of more than 28 days on or prior to 23^rd November 2016 or for a period of more than 14 days on or after 24^th November 2016 during any period.

“ If you would like to find out more please call Aston Brooke solicitors on 02034754321. “