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.

[je-teamshowcase cat=”70″]