Long Residence Application Background
The Long Residence Application route provides applicants with a path to settlement because of their continuous lawful residence in the UK for a period of at least 10 years. Settlement otherwise identified as Indefinite Leave to Remain (ILR) allows successful applicants to live and remain in the UK without time restrictions.
Long Residence Application Definition
A Long Residence Application is a request for permanent settlement in the UK sought by persons who have already spent a considerable amount of time living there (10 years).
Long Residence Application Eligibility
Primarily to be considered eligible, an applicant must have ‘leave to remain’ therefore have sufficient legal permission to stay in the UK. You must have both ‘continuous residence’ and upheld all terms of your current UK visa. You must have passed a Life in the UK Test whilst also proved your sufficiency in terms of your English language ability. If you cannot pass the Life in the UK and English language requirement, then you will only be eligible to extend your current visa for a further 2 years. However, it is important to know that your10 year qualifying period begins from the date that you arrived in the UK with a valid visa or the date when you were granted permission to stay legally in the UK.
Long Residence Application Continuous Residence
Continuous Residence refers to the time spent in the UK uninterrupted. There are allowances for leave from the UK, but these should not exceed 180 days at a time and 540 days in total. Time spent in a prison, young offender institution or secure hospital are not counted as well as time spent in Ireland, the Isle of Man, and the Channel Islands.
Requirements
To make a successful application for ILR, applicants must prove certain conditions. Accordingly:
- Applicants must have spent a period of 10 years residing in the UK both continuously and lawfully.
- Applicants 10 years residency in the UK must have been uninterrupted.
- Applicants must not pose as a public interest threat.
- Applicants must not be involved in criminal activity or any recent offences.
- Applicants must have sufficient knowledge and level of English language as well as their life in the UK.
- Applicants must not be in the UK in breach of immigration legislation.
Documents
There are various documents that you will need to provide to the Home Office in support of your application. Such documents include:
- A current passport or other verifiable source of identification.
- A Biometric Residence Permit (BRP) (fingerprints and photographic identification pass) if you have one.
- All previous passports that you have held whilst living in the UK.
You will also need to provide a certified translation of all documents that are not in English or Welsh and in some cases may have to provide further documentation such as tenancy agreements, utility bills or proof of employment.
Long Residence Application Fees
The cost of a Long Residence Application is £2,389 for settlement and £1,033 for extension of a current permit. There will be an additional cost of £19.20 to have your biometric information taken if you do not already have a BRP. You can pay a further £800 to use the super priority service which will allow you to obtain a faster decision on the outcome of your application. The Home Office will often communicate their decision by the end of the working day if you have already provided your biometric information. Following your decision letter, your BRP will be sent out and may take up to 10 working days to arrive.
Dependents
Dependents are family members (partner or children) but cannot be included on your application. Family members therefore should make a separate application if they are in fact eligible. The partner of an applicant can use another immigration route to remain in the UK as the partner of a settled person (you) if they do not satisfy the eligibility criteria on their own and your application for ILR is successful. It may also be possible for relevant children to be included on this other application route. However, if a child is aged 18 or over and not eligible to make a separate application then they may have to leave the UK although this is uncommon.
Long Residence Application Application Process
Long Residence Applications must be completed online, and the service is only available if applying within the UK. It should be noted however that there is currently no immigration advice available using this service online. Nevertheless, you can make an application as soon as you have satisfied all the eligibility requirements. When you make your application, you will also be asked to make an appointment at a UK Visa and Citizenship Application Services (UKVCAS) Centre to provide your biometric information. Whilst your application is pending, you should not travel outside of the UK otherwise your application will be withdrawn.
Validity
Once an applicant has been granted indefinite leave to remain (ILR) it will not expire and you will be permanently free of immigration time restrictions. However, it is possible to lose your ILR status if you spend 2 years or more living outside of the UK.
Discretionary Indefinite Leave to Remain (ILR)
The Home Office does not exercise discretion enormously in term of ILR applications. However, the general guidance focuses on long periods of absence from the UK by the applicant. Therefore, where an applicant has excessive absences because of compelling or compassionate circumstances then the Home Office agree that discretion should in fact be exercised in these types of cases.
General Grounds for Refusal
The principal ground for refusal in terms of ILR applications centres on the public interest. Therefore, applicants that are involved in criminal activity or have made false representations are more unlikely to be granted settlement. However, an applicant may also be refused ILR because of poor conduct, breach of conditions or even because of financial deficiencies such as NHS debt.
Additional Advice
In all circumstance, it would be advisable to consider specialist immigration advice when making your Long Residence Application. With such a voluminous number of requirements and documents to be submitted alongside your application, applicants may find themselves overwhelmed. Our specialist team of immigration solicitors are therefore willing and able to take this burden and help applicants obtain ILR status. Please do not hesitate to get in contact if you require some assistance with your application.
Our experienced immigration lawyers are on hand to offer you expert advice whatever your immigration case, contact us to book your consultation. Consultations are priced at £199 including VAT.
