Click to share with friends on Facebook & Twitter
- Written by Arshad Mahmood
Before 2 April 2007 it was not possible to grant limited leave to remain on the basis of long residence. On 2 April 2007, paragraph 276A1 and paragraph 276A2 were added to the Immigration Rules to allow long residence applicants to be granted an extension of limited leave to remain, if they met all the requirements for indefinite leave on the basis of long residence except for the knowledge of language and life in the UK requirement.
If you have not passed Life in the UK Test to apply for ILR on the basis of 10 years long residence and you meet all other requirements to be eligible for ILR, you can then apply for extension of your stay on the basis of 10 years long residence. The extension of stay will be granted for two years period.
Requirements for long residence
The applicant must meet the following requirements, in order to be granted indefinite leave:
- The applicant must have at least 10 years lawful residence in the UK.
- There must be no reason why granting leave is against the public good.
- The applicant must meet the knowledge of language and life requirement.
- The applicant must not have one or more unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974.
Continuous residence is defined in paragraph 276A of the Immigration Rules. Continuous residence means residence in the UK for an unbroken period. 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.
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.
Events that 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 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 outside the UK throughout the whole 10 year period.
Discretion for breaks in lawful residence
It may be appropriate for the UKBA to use discretion if an applicant:
- has a single short gap in lawful residence through making one single previous application out of time by no more than 10 calendar days, and
- meets all the other requirements for lawful residence.
Why Sunrise Solicitors For Your Application To Extend Your Stay On The Basis Of Ten years Long Residence?
The immigration solicitors at Sunrise Solicitors are experts in dealing with applications for extension of stay on the basis of ten years long residence 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 in relation to your application to extend your stay on the basis of ten years long residence and settled in the UK and our immigration solicitors will provide you fast, friendly, reliable and professional immigration service.
Our Fees For An Application For Extension Of Stay On The Basis Of Ten Years Long Residence
- We will charge you a fee from £800 + VAT for our professional immigration services in relation to your application for extension of stay on the basis of ten years long residence. The agreed fee will depend on the complexity of the matter and the casework involved in the matter.
- Please be advised that VAT will not be applicable where our client does not have a valid leave to remain in the UK at the time of his/her instructions to us in relation to his/her application.
- If you cannot afford to pay our fee in full at the time of instructing us in relation to your matter, you can pay half of the fee at the time of instructing us and rest of the fee can be paid by monthly installments.
- The agreed fee will cover all our work until decision by the Home Office on the application. However, it is pertinent to note that the agreed fee will not cover any disbursements to be incurred by the company on your behalf e.g. translation of documents, Home Office fee etc.