Long Residence
Long residence
10 Year Rule – Lawful Residence
If you have been living lawfully in the UK continuously for the last 10 years may be able to qualify for Indefinite Leave to Remain (ILR) on that Basis. To make this application you must already have permission to stay. There must be no gaps in your leave and you must not have spent too much time outside the UK during the 10 year period. You can however leave the UK during the continuous residence period for up to 180 days at a time and 540 days in total. Your 10 year qualifying period can start from either the time when you arrived in the UK with a visa or when you were given permission to stay in the UK. In addition, if you are aged 18 to 65 years old, you must pass the ‘life in the UK’ test and show you have sufficient English language skills.
Dependants cannot be included in the application.
20 Year Rule
If you have been in the UK without valid leave you can apply to remain on the basis of your private life. Discretionary leave may be granted to you if:you have lived in the UK continuously for 20 years and you have lived in the UK for less than 20 years but there would be very significant obstacles to your integration into the country to which you would have to go if required to leave the UK.
Unlike under the 10 year rule of lawful residence, applicants under the 20 year rule do not obtain indefinite leave to remain immediately. Under the relevant immigration rule, successful applicants receive discretionary leave for 10 years. It is only at the end of this 10 year period does the applicant obtain indefinite leave to remain.