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.

Your Key Contacts

Carmen Arakelyan (née Loke)

T: 0207 406  1058

E: CarmenLoke@cartercamerons.com

Carmen is a paralegal with over 10 years experience in law. Her calm and efficient manner ensures matters are dealt with as quickly and cost effectively for clients as possible.

Carmen provides general support to fee earners and Partners within Company Commercial and Immigration teams. She assists in the day-to-day functions of the Immigration team including all aspects of casework and assisting in the preparation of applications. Under direct supervision, Carmen acts as a caseworker on straightforward cases, and supports solicitors in more complex matters. She reviews client queries and drafts responses for review by solicitors and prepares documentation for application under a wide range of visa routes with great skill. As part of the Company Commercial team, she has reviewed share purchase agreements, drafted escrow agreements, prepared bundles for mediation and recently attended a successful mediation meeting over a contract dispute.

She holds degrees in Airline and Airport Management (First-Class Honours), and International Politics and Economics (2:1).

Outside of work, Carmen plays the piano, enjoys trying new activities (the latest being paddle boarding) and is an active church member.

Robert Sookias

T: 0207 406 1080

E: RobertSookias@cartercamerons.com

Property

  • Commercial property transactions
  • Purchase and sales of commercial properties
  • Grants of commercial leases
  • Property aspects of M&A transactions

Immigration

  • Over 40 years working in all areas of immigration and nationality

More…

Robert studied Business Management before converting to Law and attending the College of Law in London. Robert qualified as a Solicitor in 1983.

Before qualifying as a Solicitor in March 1983, Robert worked as a property agent and played football at a semi-professional level.

Robert has earned himself the reputation of being both commercial and caring in his approach to clients.

He is a member of the Immigration Law Practitioners Association and The Lawyers Christian Fellowship.

Robert speaks Armenian and Farsi.

Kate Boguslawska

T: 0207 406 1096

E: katarzynaboguslawska@cartercamerons.com

Katarzyna (Kate) Boguslawska qualified as a solicitor in 2006 and is a Partner in our corporate and commercial department.

Kate’s clients range from start-up owners through to SMEs and some global main-players who need advice on business-related matters. These range from advice on employment and company matters to contract drafting and disputes. Kate understands her clients, their needs and goals. Her clients often praise her pragmatic approach and tailored practical advice.

Employment

In her employment practice Kate:

  • drafts contracts, handbooks and company policies
  • provides regular Employment/HR Advice
  • negotiates contracts
  • drafts and negotiate settlement agreements
  • helps to navigate through TUPE, restructure and redundancies
  • advises and represents in claims for unfair dismissal, discrimination, breach of contract, unlawful deduction from wages, etc
  • advises on injunctive relief and restrictive covenants

Notable employment work included:

  • advising a well-known English designer in company restructure and redundancies;
  • advising employers and high net worth individuals on settlement agreements and severance packages;
  • regular HR advice to a number of company clients;
  • advising media company on contracts and issues relating to confidentiality, IP and restrictive covenants;
  • representing high earning claimants in ‘Stress at Work’ personal injury matters.

Commercial

In her commercial and company practice Kate:

  • advises on suitable business entities and company formation;
  • advises on company and directors’ duties;
  • drafts necessary company documents including amended articles and resolutions;
  • drafts and negotiates contracts and shareholders’ agreements;
  • advises on shareholders disputes.

Notable commercial work included:

  • advising and representing foreign companies establishing business in the UK;
  • advising companies on matters involving directors’ duties and shareholders’ disputes;
  • advising a Polish PLC on contract matters and negotiating on its behalf with an English PLC;
  • representing an international cosmetics company in injunctive relief and restraint of trade matters;
  • representing hauliers in representations against Border Force and HMRC in excise duty matters;
  • advising EU nationals on immigration issues, residency and citizenship applications in the UK.

More…

Kate has strong links in the Polish community and is recommended by the Polish Embassy in London, having co-written a Guide for Polish Investors in the UK that was published by the Embassy. She has a broad network of international connections and has been instructed by law firms in Poland to assist their clients in matters involving English jurisdiction.

Listen to Kate’s podcast