If you qualify for having lived in the UK with 10 years’ lawful residence (or ‘long residence’), you are eligible to apply for indefinite leave to remain. Berkeleyme have years of experience in successfully advising in and conducting applications for indefinite leave to remain.
Our expert UK immigration lawyers can provide you with professional legal advice as to whether you qualify for UK Long Residence, and applying for indefinite leave to remain. It is vital that you get proper legal representation as soon as possible so that your chances of succeeding are maximised.
What Is Long Residence?
Long Residence is where you have been living legally in the UK for 10 or more years continuously. If you have left the UK for a continuous period of 180 days or more, or if you have spent a total of 539 days outside of the United Kingdom during this period, then your Long Residence will be considered to have been broken and you will not qualify.
Indefinite Leave To Remain
Under UK immigration Rules, after this period of time you may apply for ‘indefinite leave to remain’ (also known as settlement). This means that you can stay in the UK indefinitely without any restrictions on how long you can stay. You can also apply to have your Children and Dependents stay in the UK with you, too.
It is vital that you seek professional legal advice if you are considering applying for settlement in the UK after long residence.
Am I Eligible For Indefinite Leave To Remain?
In order to settle, you must meet the eligibility requirements. In order to apply for indefinite leave to remain, you must already have leave to remain, which is permission to stay in the UK in any immigration category. If you have lived legally in the UK for at least 10 years, then you may be eligible for indefinite leave to remain. In order to be granted this, you must fulfil all of the following conditions:
- You must have passed the Life in the UK Test, and prove that you have sufficient English language skills;
- Your 10 year period in the UK must not have been broken;
- You must not have any unspent criminal convictions; and
- There must be no reasons of public interest to refuse your application.
For events that break long residence, see below. Generally you cannot have spent a continuous period of 180 days or more outside of the UK, or a total combined period of 539 days outside of the UK.
This 10-year qualifying period starts when you arrived in the UK with a valid visa; or when you were given permission to live in the United Kingdom. During this period, in order to be eligible, you cannot count time spent in: a secure hospital, young offender’s institution, prison, the Isle of Man, the Channel Islands or the Republic of Ireland.
If you have already received a decision regarding staying in the UK, and you are not happy with the result you, may be able to appeal or seek Judicial Review.
If you do not meet point 1, you can still apply to extend your residence. Notably, you may be able to extend your stay in the UK for another two years, even if you do not meet all of the requirements listed above. For more information, contact us now using the telephone number or contact form opposite.
We can provide you with first class legal advice as to your eligibility for indefinite leave to remain, and help you gain settlement status in the United Kingdom.
Events That Break Long Residence
Your 10-year residence period will be deemed as broken if any one of the following has occurred during this period:
- You have left the UK for a 6 month period, or longer;
- You have left the UK for a combined total of 18 months;
- You have received a criminal sentence from a court and spent time in prison or in detention; or
- You left the UK and demonstrated clear intention not to return.
If you are unsure as to whether one of these may apply to you, contact our UK immigration lawyers now using the telephone number or contact form linked below.
Family And Long Residence
Your family members, or dependants may also be eligible. They need to apply separately. Under UK immigration law, a dependent is either your partner, or your child who is under the age of 18.
Your family members can also apply for or extend a ‘family of a settled person’ visa if you are settled/ have indefinite leave to remain in the UK.
If your child is over the age of 18 they will have to apply separately. If they are not eligible to do so, they may have to leave the United Kingdom.
If your child has lived in the UK for over 7 years, you may be able to apply to remain, although his may not be indefinite.
If your partner is not eligible to apply separately and your application to settle is successful, your partner may be able to apply to ‘remain in the UK as the partner of a settled person’.
At Berkeleyme we understand that, having stayed in the UK for a very long period of time, it is important to be able to secure you and your family’s settlement here. We can help you gain this status; our top immigration lawyers have years of experience, and have dealt with countless cases of this kind.
Our team is dedicated to your successful UK Visa application and we make this commitment to all our clients:
- Our initial free visa assessment means we select the right visa for you
- Out team will guide you through the evidence and paperwork needed for your application
- We will fully complete your application form and collate all necessary documentation
- We will submit your application, documentation and evidence on time and on your behalf
- We will liaise with the Home Office regularly to check that your application is progressing
- We make our team available to you 24 hours a day, 7 days a week