Applicants applying for Indefinite Leave to Remain in the UK under the 10-year Long Residence rote must meet the continuous residence requirement. There are two main requirements that must be satisfied to show continuous residence in the UK. Firstly Applicants must not have been absent from the UK for a period of six months on any one occasion. Secondly, Applicants must not have been absent for more than 540 days in the 10-year qualifying period. Applicants cannot rely on time spent in prison, young offender’s institution or secure hospital. Time spent in the Republic of Ireland, Isle of Man or the Channel Islands will not be considered as continuous residence in the UK. Applicants who do not meet the continuous residence requirement may still submit a successful Indefinite Leave to Remain (Long Residence) application where there are serious or compelling reason for the break in continuous residency.
Calculating Absences from the UK in your Indefinite Leave to Remain (Long Residence) Application
Calculating absences from the UK for your Indefinite Leave to Remain (Long Residence) application can be a daunting task especially where Applicants have misplaced or lost their travel documents. Our Solicitors and Barristers are able to assist Applicants with retrieving important documents such as Advances Passenger Information from the Home Office.
One of the main reasons Applicants often struggle to meet the continuous residence requirement is due to human error in calculating absences. The Home Office guidance states that Applicants must only include whole days in their calculation and absences less than 24 hours are not counted. To simply this, Applicants should be only counting whole days outside the UK meaning date of departure and arrival is not included in the absences.
Absences for serious or compelling reasons
If you do not meet the continuous residence requirement it still may be possible for your Indefinite Leave to Remain (Long Residence) application to be successful. The Home Office do provide some flexibility and can use its discretion where there are serious or compelling reasons for having excessive absences. There is no fixed definition given to what constitutes as serious or compelling but the Home Office guidance makes specific reference to the following:
- Serious illness of the Applicant or close relatives such as parent or sibling;
- Natural disasters such as earthquakes and tsunamis;
- Time spent overseas as a member of HM Armed Forces;
- Other exceptional/compelling factors. As mentioned above there is no strict definition given to what constitutes to a serious or compelling reason.
If are able to show that there were migrating reasons for your absence and the correct documentary evidence is available you may still submit a successful application despite not meeting the residency requirement.
Requirements for a successful Indefinite Leave to Remain (Long Residence) Application
To successfully apply for indefinite leave to remain under the Long Residence route Applicants must meet the following requirements:
- Show at least 10 years continuous lawful residence in the United Kingdom;
- Must have regard to the public interest there are no reasons why it would be undesirable for you to be given indefinite leave to remain on the ground of long residence;
- Must show sufficient knowledge of the English language and Life in the UK.
The Home Office will take into consideration the following:
- Age and strength of connections in the United Kingdom;
- Personal history, including character, conduct, associations and employment record;
- Domestic and compassionate circumstances.
Our Solicitors and Barristers regularly assist Applicants with successful indefinite leave to remain (Long Residence) applications. Contact us for a detailed case assessment on your case or if would like some assistance in the preparation and submission of your application.
Using Legal Representation to submit an Indefinite Leave to Remain Application (Long Residence)
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 an Indefinite Leave to Remain application (Long Residence).
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 your Indefinite Leave to Remain (Long Residence) 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 (Long Residence) application meets the Immigration Rules.
Successful Indefinite Leave to Remain (Long Residence) Application
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 Indefinite Leave to Remain (Long Residence) 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 Indefinite Leave to Remain (Long Residence) 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 02071830570 or complete our contact form.