20 Years Long Residence Application

20-Year Long Residence Rule for Indefinite Leave to Remain (ILR)

For many individuals who have made the UK their home, the ultimate goal is to secure a stable future by gaining Indefinite Leave to Remain (ILR). ILR grants the freedom to live and work in the UK without time restrictions, allowing you to enjoy the full benefits of being a resident. ILR is often awarded after several years of residence in the UK, typically 3 to 5 years, depending on the visa route, such as work, family, or ancestry visas.

However, for individuals whose path to permanent residency has been less straightforward, the 20-year long residence rule provides a significant opportunity. This unique route allows individuals who have lived in the UK for 20 continuous years, whether lawfully or unlawfully, to apply for ILR, paving the way for them to make the UK their permanent home.

What is the 20-Year Long Residence Rule?

The 20-year long residence rule offers a path to permanent settlement in the UK for individuals who have lived in the country continuously for 20 years, regardless of whether their residence was lawful. This means that even if a person has been living in the UK unlawfully during that time, they may still be eligible to apply for Indefinite Leave to Remain (ILR) under this rule.

This provision in UK immigration law acknowledges the deep and long-lasting connection an individual has built with the UK over two decades, allowing those who have lived through a complex immigration history a chance to regularise their status and settle permanently.

How Does the 20-Year Long Residence Rule Work?

Under Paragraph 276ADE of the Immigration Rules, an individual who has lived continuously in the UK for 20 years, whether legally or illegally, can apply for Indefinite Leave to Remain (ILR). The concept of continuous residence means that there cannot be significant breaks in your stay in the UK during this period.

Absences from the UK: The Home Office allows absences of up to 6 months at a time, or a total of 540 days over the 20-year period, without breaking the continuity of residence. However, you must have valid permission to leave and return to the UK during those periods of absence.

Time in Prison: If you have been incarcerated during the 20-year period, this time will not count towards your continuous residence. However, time spent in prison does not break the continuity of your stay. The clock will pause during your imprisonment and resume once you are released.

Who Qualifies for the 20-Year Long Residence Rule?

To qualify for the 20-year long residence rule, applicants must satisfy several important criteria:

1.20 Years of Continuous Residence: You must have lived in the UK for a continuous period of 20 years. This period can be a combination of lawful and unlawful residence, as long as the stay has been continuous.

2.Ability to Prove Residence: You must provide clear, verifiable evidence that you have lived continuously in the UK for 20 years. This can include documents such as bank statements, employment records, utility bills, and educational records.

3.No Serious Criminal Convictions: Applicants must not have any serious criminal convictions that would prevent them from qualifying for ILR. The Home Office will carry out checks to ensure that applicants do not have a history of criminal activity.

4.No Breaks in Continuous Residence: You must ensure that there have been no significant breaks in your time in the UK. Short absences for valid reasons will be acceptable, but any significant gaps, especially if you did not have permission to re-enter or remain, may break the continuity.

What Can Break Continuous Residence?

Continuous residence under the 20-year rule is only valid if it is not interrupted by certain events. The following conditions will break your continuous residence and make you ineligible for ILR:

1.Absences from the UK: If you have spent more than 18 months (548 days) outside the UK during the 20-year period, your continuous residence will be broken.

2.Failure to have valid leave to enter or remain: If you were out of the UK for less than 6 months and did not have valid permission to return when re-entering the country, it would break your continuous residence.

3.Deportation or Removal: If you were deported or removed from the UK, it would break the continuity of your residence. Any instances where you were forcibly sent out of the country would reset the 20-year period.

4.Leaving with no intention to return: If you left the UK with a clear intention not to return, this would also break your continuous residence. The Home Office considers your intent when leaving the country.

5.Criminal Convictions: If you have been sentenced to a custodial sentence or detained in an institution like a young offenders’ institute after committing a criminal offence, it will break your continuous residence. The only exception is for suspended sentences, which do not break continuity.

How to Apply for ILR Under the 20-Year Rule

If you have met the eligibility requirements for the 20-year long residence rule, here are the steps to apply for Indefinite Leave to Remain:

1.Complete the Correct Application Form: To apply for ILR, you will need to complete the appropriate form for long residence applications. The form to be filled out is known as the “Application to remain in the UK on the basis of family life or private life.”

2.Provide Proof of Continuous Residence: It is vital that you provide comprehensive evidence to demonstrate that you have lived in the UK for the past 20 years. This can include:

Tenancy agreements and housing records

Bank statements and utility bills showing your address

Employment records (such as payslips, contracts, and work-related correspondence)

Educational documents (school records, university transcripts)

3.Pay the Application Fees: The application for ILR under the 20-year rule requires payment of several fees:

Visa Application Fee: The application fee is currently £1,093.

NHS Surcharge: A mandatory payment of £1,035 per year for access to the National Health Service (NHS).

Biometric Enrollment Fee: You will need to submit your biometric data, which costs £19.20.

4.Attend Biometrics Appointment: As part of the process, you will need to submit your biometric information, including fingerprints and a photograph.

5.Submit Evidence of Good Character: If you have any criminal convictions, you must provide evidence to show your good character. Any custodial sentences will require additional information about the conviction and rehabilitation.

The Importance of Supporting Evidence

One of the most critical aspects of your application will be providing robust evidence of your continuous residence in the UK. The stronger your evidence, the higher your chances of success. Key documents include:

Work records, such as pay slips or employer letters

Housing documents showing your place of residence in the UK

Financial documents such as utility bills, bank statements, and tax records

Healthcare records, such as NHS registration

If you’ve been living unlawfully, providing proof of your time in the UK through work or other long-term activities can significantly strengthen your case.

Suitability and Grounds for Refusal

When applying for ILR under the 20-year rule, you must meet the suitability criteria. If the Home Office finds that you have committed serious crimes, misrepresented your history, or violated immigration rules, your application may be refused. Common grounds for refusal include:

Serious criminal convictions (custodial sentences longer than 12 months)

False representations made during your immigration history

Inadequate evidence to support your claim of continuous residence

What Happens If Your Application Is Refused?

If your application for Indefinite Leave to Remain is refused, you have options to challenge the decision:

1.Appeal: You may be able to appeal the decision if the Home Office has made an error in law or fact. The appeal process can involve presenting additional evidence or clarifying any points that the Home Office found concerning.

2.Judicial Review: If an appeal is not possible, you may pursue a Judicial Review of the Home Office’s decision. This allows a judge to review the fairness and legality of the decision.

Get Expert Help with Your 20-Year Long Residence Application

The process of applying for ILR under the 20-year long residence rule can be complex, especially if you have lived in the UK unlawfully or have other complicating factors. The experienced team at Gulbenkian Andonian Solicitors is here to guide you through every step of the application process.

Eligibility checks

Document collection

Application preparation

Appeal assistance

Contact Us Today

If you’ve lived in the UK for 20 years and want to apply for Indefinite Leave to Remain, contact us today for a detailed consultation. Let our expert immigration solicitors help you secure your future in the UK. Call us now, or fill out our contact form, and one of our legal experts will be in touch to guide you through the application process. Your journey to permanent residency in the UK starts here!

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