Further Leave to remain on Long Residence Basis

Further Leave to remain on Long Residence Basis

In some cases the applicant who may not be eligible for indefinite leave to remain on long residence basis, may make an application for further leave to remain instead.

In what cases Further leave to remain may be sought instead of ILR?

The applicants may make application for further leave to remain in the UK under the following circumstances:

  • If he falls for refusal under the general grounds of refusal.
  • If he is unable to pass English language test B1 level or is unable to pass the life in the UK test.

The applicant however needs to fulfil the rest of the requirements to be given leave to remain on long residence basis.

What lawful residence means?

It means continuous residence pursuance to:

  • existing leave to enter or remain; or
  • temporary admission within section 11 of the 1971 Act (as previously in force), or immigration bail within section 11 of the 1971 Act, where leave to enter or remain is subsequently granted; or
  • an exemption from immigration control, including where an exemption ceases to apply if it is immediately followed by a grant of leave to enter or remain.
When lawful residence is considered to be broken?

Lawful residence is considered to be broken when the applicant is:

  • has been removed under Schedule 2 of the 1971 Act, section 10 of the 1999 Act, has been deported or has left the United Kingdom having been refused leave to enter or remain here; or
  • has left the United Kingdom and, on doing so, evidenced a clear intention not to return; or
  • left the United Kingdom in circumstances in which he could have had no reasonable expectation at the time of leaving that he would lawfully be able to return; or
  • has been convicted of an offence and was sentenced to a period of imprisonment or was directed to be detained in an institution other than a prison (including, in particular, a hospital or an institution for young offenders), provided that the sentence in question was not a suspended sentence; or
  • has spent a total of more than 18 months absent from the United Kingdom during the period in question.
Periods of Overstaying

If you have overstayed for a brief period of time (i.e. less than 28 days) before 24 Nov. 2016 or less than 14 days after 24 Nov. 2016, your leave is still considered to be continuous.

Validity of Leave

The applicant is granted 2 years of leave. If the applicant has spent less than 20 years in the UK, the grant of leave would be subject to the same conditions attached to his last period of leave. If the applicant has spent more than 20 years in the UK, the grant of leave would not contain any restriction on employment.

The procedure for Further leave to remain based on Long Residence

One can apply for further leave to remain if he/she has been in the UK legally for 10 continuous years or more providing they meet all the eligibility requirements for settlement except the knowledge of English requirement or falling under general grounds of refusal.

When can you apply for Further Leave to Remain based on Long Residence?

The applicant will need to reside in the UK for at least 10 years which start from the date when he / she first entered the UK. They can however make their applications 28 days before completing their 10 years in the UK.

Absences from the UK

The maximum absences allowed for the applicants making their ILR application on the basis of 10 years residence, is 18 months in total. And each of their absences must not exceed 6 months in one go.

Refusal of Further Leave to Remain on Long Residence Basis

If the home office refuses Further Leave to remain application for some reason, the applicant is granted full rights of appeal which must be lodged to the First Tier Tribunal Immigration and Asylum Chamber. Please read more information about the appeal procedure in the Appeals section.

ILR Super Priority Service

We can arrange for super priority service for this application and represent our clients in getting their further leave to remain expeditiously, by making sure that all requirements are met and making appropriate representations. The UK visa standard service takes around 3-4 months while the UK visa super priority service gets you the decision within 24 hours.

How our Immigration Solicitors can help you to apply for Further leave to remain on 10 years legal and continuous residence in the UK?

Our Immigration Solicitors can expeditiously deal with your immigration matters by advising on the merits of visa applications, required documentation and relevant procedures.

Mr. Intisar Chauhan, Principal Solicitor at Chauhan Solicitors, is an expert Immigration Solicitor in London who has been dealing with UK Immigration Laws since 2003. Our Immigration Solicitors shall provide you with best possible Immigration advice / consultation and accordingly shall prepare your immigration matter under direct supervision of Mr Chauhan. After consultation, if you want us to start preparing your case, you can expect the followings from our Immigration lawyers:

  • Our immigration solicitors will discuss the details about your immigration matter, assessing the merits and advise you on the law, procedure and other requirements for the whole process.
  • Our immigration solicitors shall keep you updated on the progress of your immigration matters and advise on any procedures involved and give time estimates and merits throughout the pendency of your immigration matters.
  • Our immigration solicitors shall also advise on alternative immigration options where you may be eligible to switch into which may be more beneficial.
  • Our immigration solicitors are based in central London (EC2Y 9ST) and are therefore based in convenient access of clients from all over London and even from outside London.
  • Our immigration solicitors are specialist immigration solicitors who are able to handle all types of immigration work including entry clearance applications, further leave to remain applications, Indefinite Leave to remain applications, Immigration Appeals, Judicial Reviews, EEA applications, Settled and Pre-settled applications, Immigration bail applications and other complex immigration matters.
  • Our immigration solicitors are one of the best immigration solicitors in London as several of our clients have stated in their reviews of our services.
  • Our immigration solicitors have teamed up with the best immigration barristers in and outside London who are immigration specialists and well equipped to represent our clients in any complex immigration matters.
  • Our immigration solicitors charge on an agreed basis (except Judicial Review matters) which is competitive and never surprise you for any other hidden fees or costs involved.

Our Immigration Solicitors are just a phone call or an email away and are available at 0203 514 2536 or info@chauhansolicitors.com and once in contact, be assured that you will be in safe hands.