In order to apply for Indefinite Leave to Remain under the Long Residence category the applicant must meet the following requirement:

  • 10 years of continuous lawful residence in the UK
  • No reason to deny leave in the public interest
  • Meet the knowledge of language and life requirement
  • Not fall under general grounds for refusal
  • Not be in breach of immigration laws (except for overstaying up to 28 days before 24 November 2016, or where overstaying after this date was disregarded under paragraph 39E of immigration rules)

Continuous residence is considered to be broken if the applicant has:

  • Been absent from the UK for over six months in one go
  • Spent more than 18 months outside the UK over the 10-year period
  • Left the UK before 24 November 2016 without valid leave and failed to reapply within 28 days

Continuous residence is not considered broken if the applicant:

  • Is absent from the UK for 6 months or less at any one time
  • Had valid leave when you left and returned to the UK
  • Left before 24 November 2016, applied for entry clearance within 28 days of leave expiring, and returned within 6 months

If you’ve been absent from the UK for over 6 months in one go, or more than 18 months in total, the Home Office may use discretion if there were compelling or compassionate reasons, like being unable to return due to unavoidable circumstances.

In all cases, they’ll check if you returned to the UK as soon as possible. For absences over 180 days, they’ll assess the reasons for your absence and how quickly you came back.

Contact us today for a consultation to assess your eligibility and help you navigate the requirements for a successful application.

Vladyslav Galinskyi

T: 020 7406 1000

E: VladyslavGalinskyi@cartercamerons.com

Vladyslav is an experienced Associate specialising in corporate and private immigration, assisting businesses with sponsor licences and skilled worker visas, as well as handling family, naturalisation, and EU Settlement Scheme applications. Vladyslav is a qualified solicitor in England, Wales, and the Republic of Ireland and brings a wealth of experience from gained in various previous roles. He holds a GDL, LPC, Master of Laws, and is a Fellow of CILEX. In his free time, he enjoys swimming, travelling, and playing as a goalkeeper for a local football club.

Corporate immigration experience:

  • Company sponsorship licence applications for businesses and educational institutions
  • Sponsor Management System (SMS) – updating, Level 1 user tasks, requesting additional certificates, reviewing documents, and advising
  • Skilled Worker Visa applications for main applicants and dependents
  • Tier 1 Investor and Entrepreneur Visa applications for main applicants and dependents
  • Sole Representative Visa applications for main applicants and dependents
  • Intra-Company Transfer Visa applications for main applicants and dependents
  • Temporary Worker Visas (Tier 5) for main applicants and dependents
  • Global Talent Visa applications, including endorsement procedures
  • Innovator and Start-Up Visas, including endorsement application procedures

Private immigration experience:

  • Entry clearance, Leave to Enter, and Leave to Remain applications
  • Visa applications for visitors, spouses, unmarried partners, fiancé(e)s, and other dependent relatives
  • Registration of children as British citizens and naturalisation applications
  • Confirmation of British nationality status
  • Residence permits for EU/EEA nationals and family permits for non-EU/EEA family members
  • Entry clearance and residence documents for non-EU/EEA family members
  • Minister of Religion, Sportsperson, and Health and Care Worker Visa applications for main applicants and dependents
  • Student and Graduate Visa applications
  • EU Settlement Scheme applications for EU nationals and their families

In addition to his extensive immigration expertise, Vladyslav’s legal journey includes nearly a decade of experience as an OISC Level 2 immigration adviser, where he honed his skills in complex visa cases and administrative processes.

He has also gained valuable experience in high-stakes corporate environments, having worked as a paralegal within a CIS department.

His previous roles enriched his understanding of corporate law and the cross-border legal considerations crucial for advising multinational clients. His background enables him to provide clients with precise, effective legal guidance that supports both business and individual immigration needs.