10 year long residence

Indefinite Leave on the basis of 10 years Long Residence

As our immigration lawyers can advise, Rule 276 of the Immigration rules allows for an indefinite leave to remain for persons who have had long ‘continuous’ residence in the UK.

To qualify for this gateway you must have:

At least 10 years ‘continuous’ lawful residence in the UK;

At least 14 years ‘continuous’ residence in the UK, even if some of that residence was unlawful. (click here for our 14 years residence page)

10 year applications

What is ‘continuous’ residence and how should it be calculated?

Continuous residence means the time you have been in the UK with immigration permission for an unbroken period.

The period of time commences from the moment you enter the UK.

You are allowed to spend a certain part of the time out of the country, but in certain situations the period will count as broken:

A broken period is:

An one off period of absence from the UK of more than 6 months at any time in the previous 10 years; or

An Absence from the UK of less than 6 months when you did not have valid leave to remain on the day you left the country and when you returned.

You also cannot remain outside the country for more than 540 days (18 months) in total.

Other factors that the immigration authorities state will break continuous residence

The applicant has been removed or deported from the UK or have left the UK following the refusal of leave to enter or remain; the applicant left the UK and at the same time there is evidence that he had no intention to return or he departed the UK in such a manner than objectively, he cannot have expected to be able to return with a lawful valid visa or where there has been a criminal conviction.

Factors taken into account by the Home Office in granting your application if you have the required 10 year continuous residence in the United Kingdom.

The immigration authorities will also assess whether it is in the public interest to grant you indefinite leave to remain. This is a question based around the following factors:

(a) your age, (b) strength of connections in the United Kingdom, (c) personal history, including character, conduct, associations and employment record (d) domestic circumstances, (e) previous criminal record and the nature of any offence of which the person has been convicted,) and any compassionate circumstances,

The applicant must also have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless you are under the age of 18 or aged 65 or over at the time he makes his application.

If you meet ALL the requirements then you will be granted indefinite leave to remain in the UK.

If you meet all the requirements but not the Language requirements and you cannot show sufficient knowledge of life in the UK If you are applying under the 10 year rule, you will only be granted 2 years leave to remain with no restrictions on employment but with no access to public funds.

Please contact our experienced immigration lawyers for further details.