Yesterday we received good news from the Home Office; that our client (“the Applicant”) has been granted Indefinite Leave to Remain in the UK on the basis of her 10-year long residence. The key to successful 10-year long residence Indefinite Leave to Remain applications is demonstrating 10-years continuous and lawful residence in the UK. The Applicant’s case was not straightforward however our supporting legal representations clearly explained the Applicant’s circumstances and she was granted Indefinite Leave to Remain within the Home Office processing time service standard. Our immigration team is happy to arrange a consultation in order to discuss a case for 10-year indefinite leave to remain with our specialist immigration solicitors, therefore please do not hesitate to contact us.
The case for 10-year Long Residence Indefinite Leave to Remain
The Applicant was a Chinese national who spent 10 years in the UK as a Tier 4 (General) student (now the ‘Student Visa’ route); studying her A-levels up to her PhD in the UK. The Applicant had an excessive number of absences from the UK, mostly during her earlier student visas. This was because she was 17 years old in the UK on her own with no family members, so she would return to her home country over the holiday periods. The Applicant wasn’t sure exactly how many days absent she had from the UK during her 10-year qualifying period, therefore we told her to obtain a Subject Access Report (“SAR”). An SAR from the Home Office shows the information the Home Office has on an Applicant, such as their entry and exit dates from the UK. We were able to use this to calculate how many days absent she had from the UK. We then drafted strong legal representations in support of the application which explained the reasons for the excessive absences and referred to relevant sections of the Immigration Rules and Home Office policy guidance.
What is the absence limit for 10-year Indefinite Leave to Remain?
For 10-year Long Residence ILR applications, Applicants are not allowed to spend more than 540 days outside the UK during their 10 year qualifying period as the Home Office needs to be satisfied that the UK is the Applicant’s primary country of residence. However, the Home Office may use discretion and still grant the indefinite leave to remain if there are excess absences from the UK; but only in exceptional circumstances such as family illness or bereavement, for work or study related to their job or degree in the UK or the age of the Applicant during the excessive absences.
How long is 10-year Long Residence Indefinite Leave to Remain valid for?
Indefinite Leave to Remain on the basis of 10-years long residence in the UK is valid for the same amount of time as other settlement routes and there is no time limit; it is ‘indefinite’. However, there are two things that should be noted:
- Indefinite Leave to Remain may not expire, but it can lapse or be revoked. ILR will lapse if an Applicant spends more than 2 years continuously outside the UK. If this happens and they then wish to return to the UK they will need to submit a Returning Resident application. ILR can be revoked if it is found to have been obtained by deception or if an Applicant has committed a crime and deportation proceedings have been brought against them; and
- Successful ILR Applicants will note that their Biometric Residence Permit (“BRP”) will have a validity date. This does not mean the ILR itself will expire but the BRP itself will expire. Once the BRP is about to expire, Applicants can go online to renew the BRP using the BRP replacement service.
How our Immigration Solicitors in London can help with a 10-year Long Residence Indefinite Leave to Remain application
Our immigration solicitors in London specialise in long residence indefinite leave to remain applications and prepare such applications to the highest standard. We have an impeccable track history of submitting successful 10-year indefinite leave to remain applications for a range of different clients.
The key to submitting successful long residence applications is being aware of the relevant Immigration Rules. Our immigration solicitors in London guide Applicants through the requirements and prepare detailed legal submissions in support of the application. In addition to the legal representations, our team of solicitors also provides multiple substantial reviews of the supporting documents to ensure that the correct evidence is submitted. We also prepare and assist with the submission of the online application, arranging the biometric appointments and uploading the supporting documents.
Using our Immigration Solicitors in London to submit a 10-year Long Residence Indefinite Leave to Remain Application
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a 10-year Long Residence Indefinite Leave to Remain application.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure 10-year Long Residence Indefinite Leave to Remain application succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Indefinite Leave to Remain application meets the Immigration Rules.
Successful 10-year Long Residence Indefinite Leave to Remain Applications with our Immigration Solicitors in London
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your 10-year Long Residence Indefinite Leave to Remain application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your Indefinite Leave to Remain application and ensure that you meet all the requirements of the relevant rules.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to a successful 10-year Indefinite Leave to Remain application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.
Contact our London immigration solicitors on 02030110276 or complete our contact form.