The Long Residence category of the Immigration Rules enables those who have lived in the UK lawfully for at least ten years to apply for Indefinite Leave to Remain (also known as settlement and permanent residence). Once an applicant has been granted Indefinite Leave to Remain they are able to live in the UK free from immigration restrictions.
In order to make an application for Indefinite Leave to Remain on the basis of ten years Long Residence, an applicant must be able to demonstrate that:
- they have lived in the UK for a continuous lawful period of ten years;
- they have spent no more than 18 months outside the UK during that period;
- they have spent no more than six months outside the UK at any one time;
- they have sufficient knowledge of the English language and have passed a Life in the UK Test;
- there is no public interest reason to refuse the application; and
- they do not fall for refusal under the general grounds for refusal.
Applications for settlement on the basis of ten years Long Residence must be made from within the UK.
Applicants under the Long Residence route may combine time spent in any category of the Immigration Rules. This includes time spent as a visitor, spouse or under the PBS category.
Those who are granted Indefinite Leave to Remain on the basis of 10 years Long Residence are able to apply to naturalise as a British citizen after they have held this status for a year.
Indefinite Leave to Remain can be revoked if the holder is absent from the UK for a continuous period of two years or more. In this case, should an applicant wish to return to the UK an application must be made to return to the UK as a returning resident.
Long Residence only applies to individuals. Dependants must meet the requirement in their own right.
Long Residence applications: How we can help
The Home Office will carefully scrutinise applications for Long Residence. If it does not consider that the evidence provided sufficiently demonstrates that the above requirements have been met, the application will fall for refusal. It is therefore essential that any application is prepared thoroughly and carefully.
We are experienced in preparing applications for Long Residence applications to ensure a successful outcome and will provide expert guidance and assistance to you throughout the process.
If you require legal assistance or would just like to discuss your situation with one of our experts on a no-obligation basis, please contact us.