Settlement can be granted under paragraphs 276A-276D of the Immigration Rules after a period of 10 years continuous lawful residence.

In order to qualify for settlement under the 10 year ILR rule, you will need to satisfy UK Visas and Immigration, you need to demonstrate –

  • You have spent 10 years or more residing in the UK continuously and Lawfully
  • You have strong connections in the UK
  • Your personal history. Including character, behaviour, employment records, domestic circumstances
  • You must meet the knowledge of language and life requirement
  • You must not fall for refusal under the general grounds for refusal
  • You are not in the United Kingdom in breach of immigration laws.
  • You should not have been outside the UK for longer than six months in any one time during the relevant period.
  • You should not have broken your continuous residence in any of the years that you lived in the UK.
  • You should not have left the UK during the relevant period with a clear intention not to return to the UK

Continuous residence is considered to be broken if

  • the applicant has been out of the UK for a period of more than 6 months at any one time
  • spent a total of 18 months outside the UK in 10 years
  • left the UK with no intention to return
  • left the UK with no valid leave to return
  • deported or left the UK after being refused leave to remain
  • committed an offence which lead to custodial sentence

Continuous residence is not considered broken if the applicant

  • is absent from the UK for 6 months or less at any one time
  • Had existing leave to enter or remain when they left and when they returned – the existing leave does not have to be in the same category on departure and return. For example, an applicant can leave the UK as a Tier 4 (General) student and return with leave as a spouse of a settled person
  • Applied for new application within 14 days or less for one application in the ten year period only.

If you are unsure whether you qualify for ILR in the UK, under the long residency rule, or you’re ready to begin your application and need further help and advice on Long residency rules then contact us to speak directly to a qualified solicitor.

Our team here at Apply for UK Visa are waiting and ready to help you so do not delay and contact us today!