Indefinite Leave to Remain (Settlement) is the first goal of all immigrants which makes them free of all sorts of immigration control, work or study restrictions, residence restrictions, and also entitles them to take public funds. Here we will discuss about applying for ILR on the basis of having completed 10 years of legal and continuous residence in the UK in accordance with the relevant immigration rules.
The main requirements of this visa application are having legal and continuous residence in the UK for 10 years.
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.
The procedure for Settlement based on Long Residency (10 year route)
One can apply for settlement if he/she has been in the UK legally for 10 continuous years or more providing they meet all the eligibility requirements. If you complete 10 years of your residence in the UK whilst your other application is pending, you may vary that application to rely on your 10 years of legal and continuous residence in the UK.
When can you apply for Indefinite Leave to Remain based on 10 year route?
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.
Knowledge of English Language & Sufficient Knowledge about Life in the UK
The applicants are required to provide evidence of the above which is at present fulfilled by passing life in the UK test, they would additionally be required to provide evidence of ability to communicate in English language at level B1.
Refusal of ILR application on Long Residence Basis
If the home office refuses ILR application for some reason, the applicant is granted full rights of appeal which must be lodged to the First Tier Tribunal. Please read more information about the appeal procedure in the Appeals section.
ILR Same Day Service
We can arrange for same day service for this application and represent our clients in getting their ILR expeditiously, by making sure that all requirements are met and making appropriate representations.
ILR Super Premium Service
We can also arrange for super premium service for this application where the Home office team comes to our office to capture biometric details of the applicants and the application is then decided within 24 hours.
How our Immigration Solicitors can help you to apply for ILR after 10 years legal and continuous residence in the UK?
Our team of UK Immigration Lawyers can expeditiously deal with the applications for ILR. 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. Immigration Lawyers at Chauhan Solicitors shall provide you with best possible Immigration advice / consultation and accordingly shall prepare your ILR application on long residence basis 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;
- We are registered with Information Commissioner’s Office (ICO) for data protection that means our client’s information is confidential and safe with Chauhan Solicitors.
- Our Immigration offices are centrally and conveniently located in Wandsworth, south west London (SW17) near Tooting Bec Tube and Tooting Broadway stations on Northern Line, offering our clients easy access to our offices. Our Immigration lawyers are within just 20 minutes away from central London by tube.
- Our existing and former clients believe that we provided them value for money and that they can trust us with their immigration applications to the Home Office, Appeals to the Immigration Tribunals, Judicial Review applications etc. You may find our client’s review in the Testimonial section on our website or on Google.
- Our Immigration Lawyers shall discuss your application for ILR and advise you on the required documents and procedure.
- It will be our aim to keep you posted at all material times during pendency of your matter, for this matter our clients can log on our website and keep a close eye to the progress of their immigration matter at any time.
- Our fees are competitive and we charge you in your immigration matters on agreed fee basis.
- We shall never surprise you with hidden charges/fees.
At Chauhan Solicitors, we offer our expertise of advising and representing our clients on the requirements that need to be met, law and the procedure that need to be followed.
We are just a phone call or an email away and are available at 0203 514 2536 or firstname.lastname@example.org and once in contact, be assured that you are in safe hands.