ILR – 10 Years Long Residence
An individual may develop affiliation with the UK based on the length of time spent. This is acknowledged by the rules of long residence in the UK.
An individual who has successfully an uninterruptedly resided in the UK for 10 years as a legitimate resident, can apply for an indefinite leave to remain (ILR) for this reason. For this to be successful, the applicant must have been residing legitimately and continuously in the UK during this 10 year period.
Requirements for long residence
In order for the applicant to be granted this indefinite leave to remain in the UK, he must meet the following criteria:
- That the individual must have resided legitimately in the UK for a minimum of 10 years
- That granting leave to remain in the UK to the individual must not be a threat to Public welfare
- That the individual must the knowledge of language and life requirement of staying in the UK.
- The individual must not have any pending conviction that is within the definition of Rehabilitation of Offenders Act 1974
Paragraph 276A defines continuous residence as residing in the United Kingdom for an uninterrupted period of time. For the intent of the long resident application, an individual’s continuous residence can be said to be broken if:
- He spent six months or less outside the UK at any time
- He has an existing leave to remain or enter upon previous departure and return
Legitimate residence as defined in paragraph 276A of the UK Immigration Rules is said to be a period of uninterrupted living in the UK where the individual possesses any one of these criteria:
- A leave to enter or remain
- A temporary Leave to remain or enter granted within section 11 of the 1971 Immigration Act
- An exemption from Immigration control, including where the application of the exemption terminates if the individual is granted a leave to enter or remain.
Events that break continuous residence
An individual is considered to have broken continuous residence if:
- The individuals has been absent from the UK for more than six months at any single time, or is absent from the UK for a lesser period but is without an authentic leave to enter the UK on return, or is without an authentic leave to remain whilst they depart the UK
- The individual has left the UK due to deportation or refusal to grant him leave to enter or remain.
- The individual has left the UK and showed intention not to return in the process.
- The individual has left the UK in circumstances that dampens his chances of returning to the UK legally.
The individual has been declared guilty for offences and has received custodial sentence in institutions excluding prisons. Such institutions as Juvenile/young offenders institutions, hospitals etc. this does not include any suspended sentences. The individual has spent 18 months in total outside the UK, through the 10 year period.
Discretion for breaks in lawful residence
For an individual to be considered by the UKBA in discretion after a break in lawful residence, he/she will need to show that: It may be appropriate for the UKBA to use discretion if an applicant:
- He/she has short gap in lawful residence through making previous applications out of time by no more than 28 calendar days, and
- He/she meets all the other necessities for lawful residence.