Long residence and private life applications are considered as human rights applications and are mostly based on applicant’s substantial period of long residence in the UK.

A refusal of an application based on long residence often results in grant of an in-country right of appeal whereby the refusal decision can be challenged in the First Tier Tribunal (FTT) by way of an appeal. An independent immigration judge at the First Tier Tribunal will determine the immigration appeal against refusal of the application after fully considering all the relevant information and evidence. 

Following are the various applications based on an applicant’s long residence and private life in the UK:

ILR 10 Years Long Residence – SET (LR) Application

A person who has completed 10 years continuously and lawfully in the UK can apply for Indefinite Leave to Remain (ILR) using application for SET (LR). An application for ILR on the basis of 10 years long residence can be submitted online 28 days before the completion of 10 yeas long residence.

It is also possible for a person to apply for ILR based on 10 years long residence based on 10 years lived continuously and lawfully in the UK at any time in the past and not necessarily last 10 years before the date of ILR application.

An application for ILR based on 10 years long residence can be made using Super Priority Service to get decision within 24 hours.

Struggling to submit your ILR 10 years long residence application through Super Priority Service? We can prepare and submit your application through Super Priority Service and get you decision on your ILR application within 24 hours!

Requirements For ILR 10 Years Long Residence

An applicant applying for ILR under 10 years long residence should meet the requirements of the Immigration Rules as set out in paragraph 276B of the Immigration Rules. The requirements for ILR based on 10 yeas long residence include the following inter-alia:

  • The applicant must have lived in the UK for at least 9 years, 11 months and 2 days on the date of online submission of the ILR application if the applicant is relying on qualify period of lawful residence immediately preceding the date of application for ILR OR the applicant must have completed 10 years fully if the applicant is relying on any previously completed period of 10 years continuous and lawful residence in the UK;
  • The applicant must not have been absent from the UK for more than 540 days in total during the relevant ILR qualifying period;
  • Any single absence from the UK at a time should not have been for 180 days or more;
  • If the applicant previously applied for any further leave to remain as an overstayer, such application must have been made within 28 days of becoming an overstayer if applied before 24 November 2016 or within 14 days of becoming an overstayer if applied after 24 November 2016 and such out of time application must have succeeded and resulted in grant of further leave to remain;
  • The applicant should either have current leave to remain in the UK (including Section 3C leave) at the time of online submission of the ILR application OR if the applicant is applying as an overstayer, the applicant must apply within 14 days of becoming an overstayer;
  • The application should not fall for refusal on undesirability grounds due to any adverse personal, immigration or criminal history of the applicant.
  • Good character requirement (copy from 276b)
  • The applicant must meet the Life in the UK test requirement (unless exempt) as set out in Appendix KoLL;
  • The applicant must meet the English language requirement (unless exempt) at level B1 of CEFR in listening and speaking only as set out in Appendix KoLL.

Further Leave To Remain - 10 Years Long Residence - FLR (LR) Application

A person who has completed 10 years long residence in the UK continuously and lawfully can apply for further leave to remain for 2 years using application form FLR (LR). Such application for further leave to remain based on 10 years long residence can only be made using standard service and there is no priority or super priority service for the FLR (LR) application.

Normally applicants who are unable to meet the Life in the UK test requirement and/or English language requirement apply for further leave to remain for 2 years based on their 10 years continuous and lawful residence in the UK. Any time during the 2 years period granted on the basis of 10 years long residence, the applicant can apply for ILR based on 10 years long residence as soon as the applicant meets the Life in the UK test and English language requirement.

Requirements For Further Leave To Remain On The Basis Of 10 Years Long Residence

An applicant applying for further leave to remain for 2 years based on 10 years long residence should meet the following requirements:

  • The applicant must have lived in the UK for at least 9 years, 11 months and 2 days on the date of online submission of the application if the applicant is relying on qualify period of lawful residence immediately preceding the date of application for further leave to remain OR the applicant must have completed 10 years fully if the applicant is relying on any previously completed period of 10 years continuous and lawful residence in the UK;
  • The applicant must not have been absent from the UK for more than 540 days in total during the relevant qualifying period of residence which is the basis of an application for further leave to remain;
  • Any single absence from the UK at a time during the qualifying period of residence should not have been for 180 days or more;
  • If the applicant previously applied for any further leave to remain as an overstayer, such previous application must have been made within 28 days of becoming an overstayer if applied before 24 November 2016 or within 14 days of becoming an overstayer if applied after 24 November 2016 and such out of time previous application must have succeeded and resulted in grant of further leave to remain;
  • The applicant should either have current leave to remain in the UK (including Section 3C leave) at the time of online submission of the further leave to remain application OR if the applicant is applying as an overstayer, the applicant must apply within 14 days of becoming an overstayer;
  • The application should not fall for refusal on undesirability grounds due to any adverse personal, immigration or criminal history of the applicant.
  • Good character requirement (copy from 276b).

20 Years Long Residence Application

An application for 20 years long residence is made under paragraph 276ADE of the Immigration Rules using application form FLR (FP). The 20 years long residence application is a private life application. The 20 years long residence was introduced in the UK Immigration Rules in 2012 when the Home Office UKVI abolished the Immigration Rules for ILR based on 14 years long residence.

Any leave to remain granted on the basis of 20 years long residence is granted under 10 years route to settlement which means the applicant will normally have to apply for leave to remain for 30 months 4 times to complete 10 years in the UK. Some applicants may qualify for Indefinite Leave to Remain (ILR) under 10 years long residence if they were on leave to remain under some different category OR on immigration bail (previously known as temporary admission) immediately prior to initial leave to remain under 20 years long residence.

Initial Application – 20 Years Long Residence

A person who has lived in the UK continuously for a period of 20 years (including any period of lawful and unlawful residence) can submit an initial application for leave to remain for 30 months under 10 years route to settlement. An initial application for leave to remain based on 20 years long residence is made under paragraph 276ADE of the Immigration Rules using online application form FLR (FP).

The applicant should meet the following requirements to succeed in an application for initial leave to remain for 30 months based on 20 years long residence:

  • The applicant must have lived in the UK for 20 years continuously at the date of online submission of the application;
  • The application should not fall for refusal on general grounds as set out in part 9 of the Immigration Rules.

An initial application for leave to remain based on 20 years long residence can be submitted to the Home Office UKVI using Super Priority Service to get decision on the application within 24 hours. However, if the applicant is complicated, the Home Office UKVI may not decide the application under the Super Priority Service and may instead process under the standard service. Providing adequate evidence of being resident in the UK for each year during the 20 years long residence is crucial for success in the initial application based on 20 years long residence.

In some cases, it may be possible to prove some period of 20 years long residence through circumstantial evidence and any statements of any witnesses where applicant does not have any black and white evidence of his/her residence in the UK. However, any such applications based on circumstantial evidence and statements of any witnesses will be treated as complicated applications by the Home Office, UKVI and will normally take longer than usual processing time for decision.

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