Legally Speaking | Long reside

Legally Speaking | Long residence in the UK and settlement

A number of clients approach BIC in order to find out whether they qualify for indefinite leave to remain, based on a very long stay in the UK, although often not on visas that can lead to permanent residence. Under the UK immigration rules, there is indeed provision under the Immigration Rules that allows one […]

Legally Speaking | Long reside

imm_1896494c

A number of clients approach BIC in order to find out whether they qualify for indefinite leave to remain, based on a very long stay in the UK, although often not on visas that can lead to permanent residence.

Under the UK immigration rules, there is indeed provision under the Immigration Rules that allows one to apply for indefinite leave to remain (ILR) after 10 years continuous lawful residence in the UK.

Where an applicant has overstayed their visa, there is provision in the Home Office guidance to disregard one small break. However, it is vital that professional advice is taken if this is the case. It is also possible to apply where an applicant has left with a valid visa and returned to the UK with a valid visa, providing the absence was for less than six months. An applicant must also not have had absences totalling 18 months over the 10 year period.

Previously the option was available that allowed for settlement in the UK after 14 years, irrespective of whether or not an applicant had been in breach of the Immigration Rules. This option was, however, abolished on 9 July 2012.

There are now immigration rules in place based on long residence for those applicants that have been in breach of the rules, consisting of 20-year long residence rule, and a 7-year rule for children – those with half their lives devoted in the UK and those with no ties in the country they would be returned to.

Please contact our offices for more advice in every individual case.

JP Breytenbach

Director of BIC, Breytenbachs Immigration Consultants Limited.

www.bic-immigration.com or info@bic-immigration.com

WEB logo

Read more from the immigration experts:

Legally Speaking | UK Home Office appeals High Court judgment on minimum income threshold

Legally Speaking | Elderly dependants

Legally Speaking | What is the Shortage Occupation list?