Indefinite Leave to Remain (ILR) Based on Long Residence
Indefinite Leave to Remain (ILR) based on long residence allows individuals who have lived legally in the UK for an extended period to apply for permanent settlement. This route is governed by paragraph 276B of the Immigration Rules and is designed for applicants who have completed 10 years of continuous lawful residence in the UK.
Eligibility Requirements for ILR Based on Long Residence
To apply for ILR based on long residence, you must meet the following criteria:
1. 10 Years of Continuous Lawful Residence
- You must have lived continuously and lawfully in the UK for at least 10 years.
- Lawful residence includes time spent on various visas such as student, work, spouse, or any other temporary immigration status.
Note: Time spent in the UK without valid leave, under a visitor visa, or while waiting for a decision on an asylum claim may not count.
2. No Excessive Absences from the UK
- You must not have been absent from the UK for more than 180 days in any 12-month period during the 10 years.
- Total absences across the 10 years should not exceed 540 days.
3. Knowledge of Life in the UK
- You must pass the Life in the UK Test, which assesses your knowledge of British customs, traditions, and laws.
4. English Language Requirement
- You must demonstrate proficiency in English by passing an approved language test at CEFR level B1 or higher.
- Exemptions are available for nationals of majority English-speaking countries and applicants aged 65 or over.
5. Good Character Requirement
- Applicants must show good character by providing evidence of adherence to UK laws.
- Factors that may negatively impact this requirement include:
- Criminal convictions.
- Immigration breaches.
- Failure to pay taxes or debts.
6.Lawful Residence Continuity
- Continuous lawful residence must not have been broken by:
- Overstaying for more than 28 days before 24 November 2016.
- Overstaying without good reason after this date.
- Deportation or removal from the UK.
Documents Required for ILR (Long Residence)
When applying for ILR based on long residence, you will need to submit the following documents:
- Valid Passport or Travel Document.
- Biometric Residence Permit (BRP).
- Proof of Continuous Residence: Official letters, bank statements, or tenancy agreements for each year of the 10-year period.
- Life in the UK Test Pass Certificate.
- English Language Test Certificate (if required).
- Records of Absences from the UK: Entry and exit stamps, flight tickets, or other travel documentation.
- Proof of Lawful Residence: Visa stamps, BRPs, or Home Office letters confirming your immigration status.
Frequently Asked Questions (FAQs)
1. an I Combine Different Visas to Qualify for ILR Under Long Residence?
Yes, you can combine time spent on different types of visas, such as student, Skilled Worker, or spouse visas, as long as you maintained lawful residence throughout the 10 years.
2. What Happens If I Have Gaps in My Lawful Residence?
Gaps in lawful residence may affect your application. However, short periods of overstaying before 24 November 2016 may be overlooked if they do not exceed 28 days and were for good reasons.
3. Can I Apply for ILR if I Have Criminal Convictions?
Criminal convictions may affect your eligibility under the good character requirement. It is essential to seek legal advice if you have any criminal record.
4. What Happens If My ILR Application is Refused?
If your ILR application is refused, you may be able to request an administrative review or lodge a judicial review. Our legal team can assist you with challenging a refusal.
Why Choose Lawfinity Solicitors?
At Lawfinity Solicitors, we understand the complexities of long residence ILR applications. Our team can help you:
- Assess your eligibility for ILR based on long residence.
- Collect and prepare the necessary documents to strengthen your case.
- Ensure your application is complete and accurate to avoid delays.
- Represent you in any appeals or reviews if your application is refused.
Contact us today for expert legal advice and assistance with your ILR application.
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