A person who has completed 10 years continuous and lawful residence in the UK can apply for indefinite leave to remain (ILR) on the basis of 10 years long residence by virtue of paragraph 276B of the Immigration Rules. For the purposes of ILR under 10 years long residence category, the residence in the UK must be both continuous and lawful. ILR application based on 10 years long residence is made using application form SET(LR). We can provide Super Priority Service for your ILR application to be decided within 24 hours.

Requirements For ILR On The Basis Of 10 Years Long Residence

The requirements for indefinite leave to remain on the basis of 10 years long residence are laid down in paragraph 276B of the Immigration Rules. The requirements for ILR on the basis of 10 years long residence include the following:

Completion Of 10 Years Lawful And Continuous Residence In The UK

For ILR application based on 10 years long residence, the applicant must have completed 10 years of continuous and lawful residence in the UK. An application for ILR on this basis can be made to the Home Office UKVI 28 days prior to the completion of 10 years long residence in the UK. Your 10-year qualifying period starts from either:

  • when you arrived in the UK with a visa;
  • when you were given permission to stay in the UK.

Also, for the purposes of 10 years long residence application, the 10 years period does not necessarily have to be last 10 years and it can be any continuous period of 10 years completed at any time in the past.

Not Falling For Refusal On Public Interest And Undesirability Grounds

Having regard to the public interest there should be no reasons why it would be undesirable for the applicant to be given indefinite leave to remain on the ground of long residence, taking into account his:

  • age; and
  • strength of connections in the United Kingdom; and
  • personal history, including character, conduct, associations and employment record; and
  • domestic circumstances; and
  • compassionate circumstances; and
  • any representations received on the person’s behalf.

Not Falling For Refusal Under General Grounds For Refusal

General grounds for refusal are set in part 9 of the Immigration Rules. An applicant applying for ILR under 10 years long residence should not fall for refusal on general grounds for refusal as given in part 9 of the Immigration Rules.

Knowledge Of Life In The UK And English Language

Unless the applicant for ILR under 10 years long residence is under the age of 18 or over the age of 65, he/she has to pass the Life in the UK test and English test in at level B1 in listening and speaking only. A person who is over 18 and under 65 may seek exemption from meeting the Life in the UK test and English language requirement if he/she is unable to meet these requirements due to medical reasons.

Not Currently Being In Breach Of Immigration Laws Except Where Paragraph 39E Applies

The applicant must not be currently in the UK in breach of immigration laws. However, an applicant who has not overstayed for more than 14 days can still make an application for ILR as an overstayer by virtue of paragraph 39E of the Immigration Rules.

Previous Periods Of Overstaying (Gap) Between Periods Of Leave

According to paragraph 276B(V), any previous period of overstaying (gap) between periods of leave will also be disregarded where –

  • the previous application was made before 24 November 2016 and within 28 days of the expiry of leave; or
  • the further application was made on or after 24 November 2016 and paragraph 39E of these Rules applied.

What Is Continuous Residence?

Continuous residence is defined in paragraph 276A of the Immigration Rules. Continuous residence means residence in the UK for an unbroken period i.e. without gaps. For the purposes of long residence, a period is not considered broken if the applicant:

  • was absent from the UK for six months or less at any one time, and
  • had existing leave to enter or remain upon their departure and return.

You can leave the UK during the continuous residence for up to:

  • 180 days at a time;
  • 540 days in total.

You cannot count time spent in:

  • a prison, young offender institution or secure hospital
  • Ireland, the Isle of Man or Channel Islands

What Is Lawful Residence?

Lawful residence is defined in paragraph 276A of the Immigration Rules as a period of continuous residence in which the applicant had one of the following:

  • existing leave to enter or remain
  • temporary admission within section 11 of the 1971 Immigration Act where leave to enter or remain is subsequently granted
  • an exemption from immigration control, including where an exemption ceases to apply if it is immediately followed by a grant of leave to enter or remain.

What Events Break Continuous Residence?

Continuous residence is considered to be broken if the applicant has:

  • been absent from the UK for a period of more than six months (180 days) at any one time, or is absent from the UK for a shorter period but does not have valid leave to enter the UK on their return, or valid leave to remain on their departure from the UK
  • been removed or deported from the UK, or has left the UK following refusal of leave to enter or remain
  • left the UK and by doing so, showed a clear intention not to return
  • left the UK under circumstances in which they could have no real chance of returning to the UK lawfully
  • been convicted of an offence and been given a custodial sentence, or ordered to be detained in an institution other than a prison, such as a hospital or young offenders institute, not including suspended sentences
  • spent a total of 18 months (540 days) outside the UK throughout the whole 10 year period.

ILR 10 Years Long Residence Documents

The supporting documents are key to succeeding in an application for ILR on the basis of 10 years long residence. Supprting documents for ILR application may vary from case to case depending on the individual circumstances of the applicant. Generally, the following documents may be required for an application for ILR on the basis of 10 years long residence:

  • All passports covering the relevant 10 years qualifying period of long residence;
  • BRP card of the applicant;
  • Life in the UK test of the applicant if the applicant is over the age of 18 and under the age of 65;
  • Relevant document to satisfy the English language proficency at level B1 in listening and speaking only which could include English test certificate or degree level academic qualification or evidence of being national of a majority English speaking country;
  • Any evidence of private and family life established in the UK;
  • Any other evidence which may be relevant to address any particular issue in the long residence application including e.g. one of the previous passport is missing, the applicant exceeded permitted number of days absent from the UK; previous gaps in between the periods of leave to remain applications, etc;
  • Any documents or information which is relevant to argue why the Home Office UKVI should exercise discretion to grant the application where the reliance is being made on discretion of the Home Office UKVI in approving the long residence application.

Our expert team of immigration solicitors can provide the specific list of documents upon assessing all the relevant circumstances of the applicant and after identifying issues, if any, in the long residence application.

Family Members Of A Person Applying For ILR On The Basis Of 10 Years Long Residence

Your family members (‘dependants’) can apply for  ILR separately on the basis of 10 years long residence using form SET (LR) if they have also completed 10 years long residence in the UK. You cannot include your partner or child in your SET (LR) application. Your partner can apply to remain in the UK as the partner of a settled person if they are not eligible to apply SET (LR) separately and your application for settlement [SET(LR)] is successful. They may be able to include their children in their application. Any children born in the UK can apply for registration as British Citizen as soon as either parent of the child has been granted ILR in the UK.

Super Priority Service For ILR Application On The Basis of 10 Years

As the expert immigration solicitors based in London & Manchester and Birmingham, we are registered with the Home Office, UK Visas & Immigration (UKVI) and its commercial partners UKVCAS Sopra Steria to provide Super Priority Service (SPS) for your ILR application whereby decision on your ILR application will be made by the Home Office UKVI within 24 hours of the enrolment of biometrics at a designated service centre.

Our expert immigration solicitors can prepare and submit your SET (LR) application to the Home Office, UKVI through Super Priority Service (SPS) and get decision on your ILR application within 24 hours. This way, you will not have to wait for the decision on your application for months (sometimes years).

Why Sunrise Solicitors For ILR 10 Years Long Residence Application?

The immigration solicitors at Sunrise Solicitors are experts in dealing with applications for Indefinite Leave to Remain (ILR) on the basis of 10 years continuous lawful residence in the UK. The quality of our service is self-evident from the reviews of our clients about the service provided by our immigration lawyers. You can contact us if you are seeking legal help from immigration lawyers in London, Manchester or Birmingham in relation to your ILR application under 10 years long residence and our expert team of immigration solicitors will provide you fast, friendly, reliable and professional immigration service.

How We Can Help With Your Application For ILR On The Basis Of 10 Years Long Residence?

If instructed to represent you regarding your SET (LR) application on the basis of 10 years long residence, the casework carried out by our expert team of immigration solicitors will include the following:

  • We will assess your eligibility for ILR on the basis of 10 years long residence by fully considering all your personal circumstances including your past immigration history, any previous gaps in between periods of leave, your absences from the UK, any issues surrounding good character requirement etc.
  • We will advise you on all the relevant requirements for ILR 10 years long residence, ;
  • We will discuss your immigration case in detail with you and advise you about the weaknesses and strengths of your immigration case;
  • We will advise you about the documentary evidence to be submitted in support of your SET(LR) application;
  • We will assess the documentary evidence to be submitted in support of your SET(LR) application and discuss the same with you;
  • We will complete the SET (LR) form online, submit the same online, help you pay the application fee online, help you choose either standard service or Super Priority Service for your application and book your appointment with the UKVCAS application centre for the enrolment of your biometrics;
  • We will prepare a cover letter to introduce and support your SET(LR) application;
  • We will upload all the supporting documents online on UKVCAS online portal;
  • We will liaise with the Home Office, UKVI for a timely decision on your SET(LR) application;
  • We will protect your interests while your application is pending with the Home Office and respond to any enquiries made by the Home Office UKVI in relation to your pending SET (LR) application;
  • Where necessary,  we will make further representations or provide further documentary evidence in support of the pending SET(LR) application;
  • We will do all the follow up work until decision is reached on your SET (LR) application.

Our Fixed Fee For ILR 10 Years Long Residence - SET(LR) Application

Fixed fees for in-person service whereby the applicant will attend our office to give insturctions and provide evidence in support of the application:

Service Type Our Fixed Fee
Super Priority Service for decision within 24 hours From £800 + VAT
Standard Service for decision normally within 3 to 6 months From £1,000 + VAT

Fixed fees for remote service (via emails, phone or skype etc) whereby the applicant will not be required to attend our office for instructions and evidence in support of the application:

Service Type Our Fixed Fee
Super Priority Service for decision within 24 hours From £1,000 + VAT
Standard Service for decision within normally 3 to 6 months From £1,200 + VAT

 

Sunrise Solicitors is the trading name of Sunrise Solicitors Ltd (company registration no. 6405492). Sunrise Solicitors Offices are regulated by SRA under SRA ID 490903 (London Office) and SRA ID 645256 (Manchester Office). Sunrise Solicitors are also members of Immigration Law Practitioners' Association (ILPA).

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