In order to naturalise as a British citizen you also have to demonstrate that: -You have lived in the UK for five years; -You have indefinite leave to remain; -You have not been absent from the UK for more than 450 days in the five year qualifying period and not more than 90 days in the last year prior to making the application; -You are of good character; -You have passed the Life in the UK Test; -You satisfy the English language requirement. We are happy to help anyone who has achieved the lawful residence period under either the 10 or 20 year route. There is guidance on what will constitute very significant obstacles in the guidance on Family life (as a partner or parent), private life and exceptional circumstances. The first period of overstay should be disregarded because he applied less than 28 days after the expiry of his previous leave, and the overstay ended before 24 November 2016. He departs voluntarily on 6 October 2014, two days after the expiry of his leave. A break in continuous residence will in effect restart the clock. Days of departure and return do not count towards the total; it is only whole days outside the UK which count. Robert left the UK after the expiry of his leave to remain, but before 24 November 2016. Her parents were not British citizens and never had leave in the UK. He attended a private boarding school then went to university and achieved a first class degree in engineering. Individuals who have been lawfully in the UK for 10 years continuously can apply for indefinite leave to remain. By Bradford Richardson - The Washington Times - Tuesday, March 28, 2017. The only requirements to meet under the 20 year rule are: Therefore, where an applicant has had 20 years continuous residence in the UK, their application may only be refused on suitability grounds (generally on grounds of public good) or if their application is not valid (for example, they did not pay the correct fee). Example was born in the UK on or after 1 January 1983. has lived in the UK for the first 10 years of his or her life, during that 10 years has not been out of the UK for more than 90 days in any one of those years, and, The Home Office has discretion to allow an application even where absences exceed 90 days in any one year or more of these 10 years. If you are granted indefinite leave to remain on the basis of the 10 years of lawful residence you will have to wait a year from the date of the grant of the indefinite leave to remain in order to be able to apply for naturalisation. However, there is a policy which may assist in some cases and which allows limited exceptions to be made. (3) the period [of] overstaying was between 24 January and 31 August 2020. He could not apply before because he was admitted in hospital following an emergency and was only released on 3 December. He applied for leave to remain as a spouse on 4 December 2016. Sorry, the details you entered weren't correct, please try again, Updates, commentary, training and advice on immigration and asylum law, EU Settlement Scheme course now available FREE to members. Key features of 20-year rule are that: inability to provide necessary documents – this would only apply in exceptional or unavoidable circumstances beyond the applicant’s control, for example: it is the fault of the Home Office because it lost or delayed returning travel documents, there is a delay because the applicant cannot replace their documents quickly because of theft, fire or flood – the applicant must send evidence of the date of loss and the date replacement documents were sought, there are no reasons why granting leave is against the public good, they are lawfully resident in the UK at the time of the application except, for any period of overstaying for 28 days or less which will be disregarded where the period of overstaying ended before 24 November 2016. where overstaying on or after 24 November 2016, leave was nevertheless granted in accordance with paragraph 39E of the immigration rules. Immigration Rule 276ADE(1)(v) allow applicants aged between 18 and 24 years old who have spent half of their life living continuously in the UK to apply for leave to remain. In the case of, the number of days absent exceeds 180 or 990 respectively but was due to circumstances beyond the family’s control, such as a serious illness, Fees fixed for each stage of your application or appeal, Personal client web access page and messaging system, Online payments, document upload & video calls. This is because the applicant has not completed the required period of leave in the UK. Robert left the UK after the expiry of his leave to remain, but before 24 November 2016. Example The 10 and 20 year long residence rules do require applicants to meet a number of requirements and to be aware of the many rules and exceptions which might mean they are not eligible. Illegal immigration numbers by year from Central America and Asia have been rising since 2007, mainly due to the increased immigration from the Northern Triangle countries of El Salvador, Honduras, and Guatemala. Patrick came to the UK from Ghana with his parents at the age of 4. Last updated at 12:15 18 September 2007 He has leave as a student in the UK valid until 4 October 2014. Ono’s student leave expired on 3 September 2014 but he did not obtain a new CAS until 5 September 2014. She was granted five years of leave. diplomats) if that status is immediately followed by leave. Where a person overstays, even for a short period or even accidentally, this will be unlawful residence. (a) “continuous residence” means residence in the United Kingdom for an unbroken period, and for these purposes a period shall not be considered to have been broken where an applicant is absent from the United Kingdom for a period of 6 months or less at any one time, provided that the applicant in question has existing limited leave to enter or remain upon their departure and return, but shall be considered to have been broken if the applicant: (i) has been removed under Schedule 2 of the 1971 Act, section 10 of the 1999 Act, has been deported or has left the United Kingdom having been refused leave to enter or remain here; or They provide free and confidential advice to people living in the UK illegally. He has leave as a student in the UK valid until 4 October 2014. An application can be refused on general grounds if there is evidence that the applicant’s background, behaviour, character, conduct or association show that they should not be permitted to remain in the UK. This has resulted in the so-called "hostile environment" that currently exists and has been such a big news story. So living in the UK with leave to enter or remain is lawful for the purposes of a long residence application, as is temporary admission or bail (e.g. Although he applied after the expiry of his leave, the Home Office granted his application in accordance with paragraph 39E because it was submitted within 14 days of the expiry of his leave and the Home Office considered there was a good reason for the delay in his application. Had Robert left on 6 October, and applied for a new student visa after 1 November 2014, that is more than 28 days after the expiry of his leave of 4 October, then he would have broken the continuity of his residence, even if he returned on 31 October 2014, within six months. These additional triggers for a break in continuous residence are set out in subparagraphs (i) to (v) of paragraph 276A(a), quoted above. 10.How do I apply on the basis of the 20 years route? Home office saying If you spend half of your life between age 18 to 25, can get your Visa. On the face of it, any period of overstaying at all will break a period of continuous lawful residence. Where there is credible evidence that an applicant cannot speak any language which is spoken in the country of return, this will not in itself be a very significant obstacle to integration unless they can also show that they would be unable to learn a language of that country, for example because of a mental or physical disability. They never left the UK until 2008, when the whole family relocated to Albania. However, a person granted an extension of stay following an application made before 9th July 2012 can still be considered under the rules in force before that date. There used to be a rule which allowed a person to qualify for indefinite leave to remain after 14 years of continuous residence in the UK, where the residence could be … The case of Parveen v Secretary of State for the Home Department [2018] EWCA Civ 932 is a useful reminder that it is important for anyone making a “very significant obstacles” argument to particularise and set out in detail why it is that that specific applicant would encounter significant obstacles to re-integration — rather than simply quoting case law and precedents. The bill will undoubtedly face political pushback. The Court of Appeal has also. of the Immigration Rules enables a person with 10 continuous and lawful years of residence in the UK to apply for indefinite leave to remain. Richard Ford, Home Correspondent. In addition, Robert was not out of the UK for more than six months. It will usually have a condition of “no recourse to public funds” attached to it. If you are living illegally in the UK as a 10 year illegal immigrant you may be detained by the Home Office and subsequently deported. Any chance for my visa H - 8-Jan-20 @ 1:47 AM. Provided she continues to be lawfully present in the UK until then, she will be eligible to apply under the 10 year rule on 8 March 2020. Over 7,000 illegal immigrants managed to get “squatters’ rights”. Thanks to Nath Gbikpi for her assistance with both the original and with subsequent updates. The applicant will be granted leave to remain for a period of 30 months, in other words two and a half years. He has been living in the UK for 12 years in total. There is one exception to the requirement of having permission at the time of leaving and returning to the UK. Maja was born in the UK on 19 August 1995. However, time spent in prison will not break continuous residence. It is not appropriate to treat the statutory language as subject to some gloss and it will usually be sufficient for a court or tribunal simply to direct itself in the terms that Parliament has chosen to use. He might be able to succeed on a human rights claim, although it is likely to require an appeal. Rather, they must have lived in the UK … In addition, an applicant falling under this exception must have returned to the UK within six months of the granting of entry clearance. Her parents were not British citizens and never had leave in the UK. If the application is successful, an individual will be granted limited leave to remain for a period of 30 months. If you elect to return to your home country voluntarily, you may be able to get help to arrange and pay for your journey. Pinterest. Under the 20 year rule a person does not have to have lived in the UK lawfully. If intending to make an application for indefinite leave to remain following 10 years’ continuous residence in the UK in the future, Robert will only be able to “start the clock” from 31 October 2014. The rule was abolished in 2012 and it is no longer possible to make use of it. This means that the continuity of his residence is not considered broken and he may in future apply for indefinite leave to remain relying on the 10-year lawful residence rule. She was granted five years of leave. The 20-year rule on long residence is contained in paragraphs 276ADE(i) and (iii) of the Immigration Rules. He applied for fresh entry clearance within 28 days of that previous leave expiring, that is within 28 days of 4 October 2014. 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