Unlawful Residence
A person who has been living in the UK unlawfully or partly unlawfully may qualify for Leave to Remain. For example, a person who came to the UK lawfully but then overstayed. They may be granted leave depending on how long they have lived in the UK:
- Adults may, in some situations, qualify for Leave to Remain on the basis of less than 20 years residence.
- Children under the age of 18 may be able to qualify for Leave to Remain if they have lived in the UK for at least seven continuous years either unlawfully or partly unlawfully.
Applicants must provide good evidence of having lived in the UK for the relevant period, and of course in some cases it may be difficult to prove unlawful residence. If the application is successful leave will be granted for up to 30 months.
The rules about unlawful residence and Indefinite Leave to Remain have been made much more restrictive than they were before. A person can now only apply for Indefinite Leave to Remain on the basis of long residence if they have had at least ten years residence under the rules introduced in July 2012. This means that under the rules now in force nobody will be able to apply for Indefinite Leave to Remain on the basis of unlawful/partly unlawful long residence until 2022.