Last week we received the exciting news that our client (“the Applicant”) had been granted limited leave to remain on the basis of his 20 Year Long Residence and Private Life in the UK. 20 Year Long Residence applications are not straightforward and are considered in accordance with paragraph 276ADE of the Immigration Rules. Our immigration solicitors in London specialise in complex immigration matters and are happy to have a consultation to discuss your immigration matter in more detail and how we can assist with your application.
Case for 20 Year Long Residence
The Applicant was an Algerian national who illegally entered the UK over 20 years ago. He obtained a fake French passport and lived and worked in the UK on that basis for many years. Due to Brexit and the rules for EEA nationals in the UK changing, the Applicant decided to apply for lawful residence using his genuine Algerian identity. The Applicant did not leave the UK at all during the 20 year period, and therefore built up 20 years continuous residence in the UK and strong Article 8 Private Life. Whilst in the UK, the Applicant also met his partner, an EU national present and settled in the UK.
Therefore, he instructed us to prepare a 20 Year Long Residence application. A great deal of supporting documentation was required to demonstrate the Applicant’s long residence in the UK. We submitted the Applicant’s application and after being under consideration for 6 months, the Home Office notified us that his application had been successful and he had been granted limited leave to remain for 30 months.
Can I apply for indefinite leave to remain after 20 years?
Indefinite Leave to Remain (“ILR”) is settlement or permanent residence in the UK. This means that individuals with ILR are free from immigration controls (i.e they do not have to extend their visa) and share many of the same rights as British citizens.
The 20 Year Long Residence route does not automatically grant ILR. Applicants who are successful under the 20 Year Long Residence route will be granted limited leave to remain in the UK. They will be placed on the 10 year route to settlement meaning that they are only entitled to apply for ILR after a further 10 years (4 limited leave to remain visas). Therefore, the reality of the 20 Year Long Residence route is actually 30 years before being able to apply for ILR.
What is limited leave to remain?
Limited leave to remain is a temporary visa which is usually valid for 30 months and has certain restrictions attached to it such as no recourse to public funds. Applicants must then apply to extend their limited leave to remain for a further 30 months before the expiry of their valid visa if they wish to continue to live in the UK.
What is continuous long residence?
Continuous residence in the context of 20 Year Long Residence applications means an Applicant has stayed continuously in the UK without leaving. Even if an Applicant leaves the UK for one day to visit another country and then returns, this will be a break in the continuous residence. Continuous residence also does not mean lawful residence in the UK. Often, the 20 Year Long Residence route is for Applications who have not had a valid visa for all or part of their continuous residence in the UK. This is unlike the 10 Year Long Residence route where residence must be lawful and they are allowed certain days absent from the UK within the 10 year qualifying period (i.e. for holidays to other countries).
Using our Immigration Solicitors in London to submit a 20 Year Long Residence Application
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on the law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with a 20 year long residence visa application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules.
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 20 years long residence visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided.
The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.
Successful 20 Years Long Residence applications with our Immigration Solicitors in London
Our team of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client-tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your 20 years long residence visa application by providing you with advice from our leading team of solicitors before your matter even reaches the Home Office. We can assist you with the preparation of your 20 years long residence visa 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. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
If you need professional legal advice about submitting a successful 20 year long residence visa application please contact us for a case assessment on 02071830570. You can also reach us via our contact form.