Long Residency

If people remain in the UK legally for more than 10 continuous years, they will normally be allowed to stay permanently. They can apply for indefinite leave to remain in the UK and become settled.

Individuals, who have remained in the UK for over 14 continuous years whether legally or illegally, can also apply for settlement. Any period of time following the service of removal directions or a notice of intention to deport, will not count towards the 14 years. The 'clock will have stopped', as the Home Office puts it.

Continuous residence means residence in the UK for an unbroken period. The period will not normally be considered to have been broken where an individual has been absent from the UK for a period of 6 months or less. A total of more than 18 months absent from the UK will break the continuous residence, as would removal or deportation or conviction for an offence resulting in a prison sentence.

When considering whether to grant indefinite leave either under the 10 year or 14 year rule, the Secretary of State will, having regard to the public interest, consider whether there are reasons why it would be undesirable for the applicant to be given indefinite leave. In so doing, the Secretary of State will take into account:

• age
• strength of connections in the UK
• personal history, including character, conduct and employment record
• domestic circumstances
• previous criminal record and the nature of any offences for which the applicant has been convicted
• compassionate circumstances
• any representations received on the applicant's behalf

Lawrence Lupin Solicitors can advise you on the procedure involved, the documentation required and prepare representations in support of the application.

If you would like to take advantage of our expert immigration, asylum, or nationality law advice, then contact us now. Lawrence Lupin Solicitors 020 8733 7200