Contact your nearest Citizens Advice for help finding an adviser in your area. Residence shall not be considered to be broken where the applicant is absent from the UK for a period of six months or less at any one time, provided that the applicant had leave to remain and leave to enter upon departure and return. Save time & money on spotting issues early. Is a 14 year old dating an 18 year old illegal? Alan has spent two years and one month in the UK prior to 2 August 2007 and needs a further 17 years and 11 months to have 20 years’ residence. While the coronavirus pandemic has since slashed all forms of international travel, immigration to the UK increased to its highest level since the Brexit vote last year. The Court of Appeal has also. Before the expiry of that five year period, Nora will be eligible to apply for indefinite leave to remain under the 10-year rule because she was on immigration bail and was then immediately granted leave. On the other hand, time spent in prison, a young offender institution or a secure hospital will break the period of continuous residence. 10 years – before they can apply for settlement. What kind of status does the 20 year rule lead to? Please note that applications which are received more than 28 days before the applicant completes the required qualifying period for long residence must be refused. (iv) has been convicted of an offence and was sentenced to a period of imprisonment or was directed to be detained in an institution other than a prison (including, in particular, a hospital or an institution for young offenders), provided that the sentence in question was not a suspended sentence; or To succeed under the 10 year rule, the applicant must have been lawfully resident in the UK. In the years since, the UK and the EU have experienced repeated periods of high immigration. Last updated at 12:15 18 September 2007 The extracts below illustrate how strict the test is, at least as far as the Home Office is concerned, and how officials are very rarely inclined to grant applications on this basis: When assessing whether there are “very significant obstacles to integration into the country to which they would have to go if required to leave the UK”, the starting point is to assume that the applicant will be able to integrate into their country of proposed return, unless they can demonstrate why that is not the case. A break in continuous residence will in effect restart the clock. With a virtual sea change in the government through last week's elections, that hard-line stance may be breaking in the very near future. (i) has been removed under Schedule 2 of the 1971 Act, section 10 of the 1999 Act, has been deported or has left the United Kingdom having been refused leave to enter or remain here; or. The Home Office has discretion to allow an application even where absences exceed 90 days in any one year or more of these 10 years. The information and commentary on this website is provided free of charge for information purposes only. The ‘private life’ route has replaced the old 14 year route, and allows people who have been in the UK for a considerable period of time to apply to regularise their stay. An application can be refused on general grounds if there is evidence that the applicant’s background, behaviour, character, conduct or association show that they should not be permitted to remain in the UK. Lack of employment prospects is very unlikely to be a very significant obstacle to integration – in assessing a claim that an absence of employment prospects would prevent an applicant from integrating in the country of return, their circumstances on return should be compared to the conditions that prevail in that country and to the circumstances of the general population, not to their circumstances in the UK. False claim: Illegal immigrants and refugees receive £29,900 a year in benefits while UK pensioners get just £6,000 The fact that these absences were beyond his control, occurred when he was a child and were for a very good reason are irrelevant under the rules and Matt cannot succeed under the rules. It will usually have a condition of “no recourse to public funds” attached to it. However, time spent in prison will not break continuous residence. The Long Residence guidance confirms that continuous residence is not broken if someone. Ono’s student leave expired on 3 September 2014 but he did not obtain a new CAS until 5 September 2014. Sorry, the details you entered weren't correct, please try again, Updates, commentary, training and advice on immigration and asylum law, EU Settlement Scheme course now available FREE to members. You can also call the Joint Council for the Welfare of Immigrants for help. Arrange a video chat at a time that suits you. He could not apply before because he was admitted in hospital following an emergency and was only released on 3 December. Any absence of more than six months will break “continuous residence” and so will departing the UK in certain circumstances. Nora is a refugee. Most illegal immigrants in the UK have lived here for five years or more. There will be cases where people need to submit their application earlier than 28 days in advance, and the Home Office guidance confirms that, as long as the application is being considered 28 days or fewer before the qualifying period is completed, it should be granted. When a decision was finally reached she was refused asylum. Because her case was complex, no decision was made on her case for four years. The 14-year long residence rule was abolished in 2012 and it is no longer possible to make applications under this rule. Are absences from the UK permitted for long residence applications? If the application is successful, an individual will be granted limited leave to remain for a period of 30 months. What is the 20 year rule on long residence? But in cases where it’s necessary to go earlier, the application may still succeed as long as it is not actually reviewed by the Home Office too quickly. It turns out that on two occasions, Ono has unwittingly overstayed. He is now 20. A rule which rewarded immigrants with the right to stay in the UK after living here illegally for 14 years is to be scrapped. Lara has a gap in her lawful residence and needs to start the 10 year clock from 8 March 2010. Certainly long absences for this reason can now be overlooked as part of a citizenship application, although at time of writing the Long Residence policy did not mention the issue, having not been updated since before the pandemic began. If the application is successful, an individual will be granted limited leave to remain for a period of 30 months. Half of Patrick’s life is 10 years. So Pew's 2017 range is not at odds with the bigger … of the Immigration Rules enables a person with 10 continuous and lawful years of residence in the UK to apply for indefinite leave to remain. Home office except me age 14. If you are living illegally in the UK as a 10 year illegal immigrant you may be detained by the Home Office and subsequently deported. If you would like to understand further how to make this application, it is necessary to examine the various elements of this rule. The rule was abolished in 2012 and it is no longer possible to make use of it. inability to provide necessary documents – this would only apply in exceptional or unavoidable circumstances beyond the applicant’s control, for example: it is the fault of the Home Office because it lost or delayed returning travel documents, there is a delay because the applicant cannot replace their documents quickly because of theft, fire or flood – the applicant must send evidence of the date of loss and the date replacement documents were sought, there are no reasons why granting leave is against the public good, they are lawfully resident in the UK at the time of the application except, for any period of overstaying for 28 days or less which will be disregarded where the period of overstaying ended before 24 November 2016. where overstaying on or after 24 November 2016, leave was nevertheless granted in accordance with paragraph 39E of the immigration rules. These are looked at below. The first period of overstay should be disregarded because he applied less than 28 days after the expiry of his previous leave, and the overstay ended before 24 November 2016. It is strongly advisable to seek professional advice with regard to UK immigration law. This decline in removals is troubling. Had Robert left on 6 October, and applied for a new student visa after 1 November 2014, that is more than 28 days after the expiry of his leave of 4 October, then he would have broken the continuity of his residence, even if he returned on 31 October 2014, within six months. Paragraph 276B does not stand alone; other nearby paragraphs define some of the words and terms used. GRANDVIEW, WA – On April 29, Yakima County sheriff’s deputies arrested Salvador Virrueta Chavez, after he reportedly forced himself on a 14-year-old girl, who he had apparently been ‘grooming’ for sexual purposes for some time. Contact Us! -The applicant must not fail on suitability grounds -The applicant must make a valid application -The applicant must have lived continuously in the UK for 20 years. He departs voluntarily on 6 October 2014, two days after the expiry of his leave. It has offered some concessions that weren’t in the earlier Rules, but on the other hand has taken away the immediate settlement that you got with a successful application under the 14 year … Instead time in prison will simply not be counted towards the period of residence. You must apply online but you also need to provide information and documents. Illegal Immigrant Becoming Legal In The UK. Although he applied after the expiry of his leave, the Home Office granted his application in accordance with paragraph 39E because it was submitted within 14 days of the expiry of his leave and the Home Office considered there was a good reason for the delay in his application. Ono’s student leave expired on 3 September 2014 but he did not obtain a new CAS until 5 September 2014. 09 NOV UK ASYLUM SEEKERS IN TROUBLE. Key features of 20-year rule are that: Robert left the UK after the expiry of his leave to remain, but before 24 November 2016. 0. Had it not been for the Home Office’s first erroneous decision, the applicant could have returned to the UK within six months. The basis of long residence recognises the ties a person may form with the UK over a lengthy period of residence in the UK. Although he applied after the expiry of his leave, the Home Office granted his application in accordance with paragraph 39E because it was submitted within 14 days of the expiry of his leave and the Home Office considered there was a good reason for the delay in his application. I have seen, for example, an application being successful on this basis when we could show that the applicant was outside of the UK for more than six months because the Home Office initially refused the application for entry clearance but later reversed its decision. Illegal immigrants given amnesty if they stay on run for 10 years, under Lib Dem plans. (iii) 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. She has always been lawfully present except for one period of overstay between 4 January and 8 March 2010. The UKBA, since the 9th July 2012, closed the 14-year rule and introduced a different provision for overstayers who have lived in the United Kingdom for 20 years. There is one exception to the requirement of having permission at the time of leaving and returning to the UK. Guidance on when discretion will normally be exercised is contained in the Registration as British citizen: children document and is as follows: You should normally waive excess absences if: You must not waive excess absences over 180 days in a single year or 990 days in the 10 year period where: Example The Court of Appeal has also confirmed that short periods of overstay in some circumstances should be allowed, in accordance with sub-paragraph 276b(v). Patrick has lived in the UK for 16 years. In doing so the Secretary of State can consider: -the refusal of the previous application; or, -the expiry of the leave as extended by section 3(c) of the Immigration Act 1971; or, -within the expiry of the time limit for making an in-time application for administrative review; or. Photo by Steve Nimmons on Flickr. The earliest that someone can have an application granted under the 10 year rule is 28 days before completing the qualifying period of 10 years. What does “continuous” mean in long residence applications? very significant obstacles to the applicant’s integration into the country to which he would have to go if required to leave the UK. The case of Parveen v Secretary of State for the Home Department [2018] EWCA Civ 932 is a useful reminder that it is important for anyone making a “very significant obstacles” argument to particularise and set out in detail why it is that that specific applicant would encounter significant obstacles to re-integration — rather than simply quoting case law and precedents. In order to qualify under the 10 year route you must also have passed the Life in the UK test and speak English at level B1. Because her case was complex, no decision was made on her case for four years. The Long Residence guidance, and the Court of Appeal in Hoque [2020] EWCA Civ 1357, confirm that an application may be granted even when there are periods of overstay, provided the applicant: has short gaps in lawful residence through making previous applications out of time by no more than 28 calendar days where those gaps end before 24 November 2016, has short gaps in lawful residence on or after 24 November 2016 but leave was granted in accordance with paragraph 39E of the Immigration Rules, meets all the other requirements for lawful residence, (1) the application was made within 14 days of the applicant’s leave expiring and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application, why the application could not be made in-time; or, (a) following the refusal of a previous application for leave which was made in-time or to which sub-paragraph (1) applied; and, (i) the refusal of the previous application for leave; or, (ii) the expiry of any leave extended by section 3C of the Immigration Act 1971; or, (iii) the expiry of the time-limit for making an in-time application for administrative review or appeal (where applicable); or. On 30 November 2016, Ono’s student leave expired. Ono is a student from Nigeria. 22nd February 2010: If you are an illegal migrant in the UK for over 14 This has resulted in the so-called "hostile environment" that currently exists and has been such a big news story. Example 20 Year Rule. Under section 1(4) of the British Nationality Act 1981, a person will be entitled to registration as a British citizen if he or she. He applied for leave to remain as a spouse on 4 December 2016. Over 7,000 illegal immigrants managed to get “squatters’ rights”. Maja is now 25 years old and continues to live in Albania. The idea of “integration” calls for a broad evaluative judgment to be made as to whether the individual will be enough of an insider in terms of understanding how life in the society in that other country is carried on and a capacity to participate in it, so as to have a reasonable opportunity to be accepted there, to be able to operate on a day-to-day basis in that society and to build up within a reasonable time a variety of human relationships to give substance to the individual’s private or family life. However, he can count the time before and after. If there's no sexual activity going on. The older the blog post on this site, the more likely it is that there have been legal developments since it was published. He applies for a new student visa from the USA on 10 October 2014, which is granted, and returns to the UK on 31 October 2014. What is the 10 year rule on long residence? Linkedin Share Button; Share on Facebook; Tweet Widget; 3573352831_ee7369157a_z.jpg. For example, the policy states that where there are absences in excess of six months at once or 540 days in total: it may be appropriate to exercise discretion over excess absences in compelling or compassionate circumstances, for example where the applicant was prevented from returning to the UK through unavoidable circumstances. There is usually a no recourse to public funds condition attached to a grant of leave to remain. These additional triggers for a break in continuous residence are set out in subparagraphs (i) to (v) of paragraph 276A(a), quoted above. The 14 year rule was a type of amnesty rule because it was underpinned by a policy of allowing immigrants to stay in the UK because of human rights and family life. Under the 20 year rule a person does not have to have lived in the UK lawfully. By. He applied for student leave on 6 September 2014, and this was granted. There is no equivalent provision for after November 2016 for those who have overstayed longer than 14 days. Jennifer Mitchell - 5 May, 2020. The second period of overstay should be disregarded because the gap was after 24 November 2016 however Ono was granted leave in accordance with paragraph 39E. However, Matt did not remain in the UK in school holidays when he was a child; he returned home to stay with his parents. departed the UK before 24 November 2016, but after the expiry of their leave to remain, and applied for fresh entry clearance within 28 days of that previous leave expiring, and returned to the UK within 6 months. To succeed under the 10 year rule, the 10 years of residence must be continuous and lawful. The first time was in September 2014. Where a person overstays, even for a short period or even accidentally, this will be unlawful residence. Any chance for my visa H - 8-Jan-20 @ 1:47 AM. Alan has lived in the UK since 1 July 2005. Meanwhile, returns of immigration offenders have dropped by a third since 2013. The 14 year rule was replaced with the 20 year rule. Lara’s leave expired on 3 January 2010 and she did not submit an application until 7 February 2010, more than 28 days after the expiry of her leave. When a decision was finally reached she was refused asylum. Guidance on when discretion will normally be exercised is contained in the, Registration as British citizen: children, the number of days absent from the UK in any one of the years does not exceed 180 days and the total number of days over the 10 year period does not exceed 990 days, the applicant was unaware of the requirements, the parents’ absences with the child were entirely voluntary, The “very significant obstacles to integration” rule, There is guidance on what will constitute very significant obstacles in the guidance on. 10.How do I apply on the basis of the 20 years route? Thursday November 14 2019 , 12.01am, The Times. What kinds of residence qualify for the 20 year rule? That said, they are not impossible to meet and individuals will be successful if they meet the rules. Immigration law changes very rapidly, though. The total illegal immigrant statistics show that while immigration from Mexico may be declining, immigration from other countries is on the rise — up to a peak of 5.5 million in 2017. CNN hammers Fox News for covering alleged gang rape of 14-year-old by illegal immigrant It will usually have a condition of “, Seven year residence rule for children and families, Under paragraph 276ADE(1)(iv) of the Immigration Rules, a child who has lived in the UK for seven years might qualify for limited leave to remain, if he or she can show that it would not be “reasonable” for him or her to leave the UK. There used to be a rule which allowed a person to qualify for indefinite leave to remain after 14 years of continuous residence in the UK, where the residence could be lawful, unlawful or a mixture of both. If intending to make an application for indefinite leave to remain following 10 years’ continuous residence in the UK in the future, Robert will only be able to “start the clock” from 31 October 2014. Twitter. Alternatively, they may have entered the UK illegally. Example Under paragraph EX.1 of the Immigration Rules, an applicant who has a “genuine and subsisting parental relationship” with that child should also be able to make an application for leave to remain as a parent. Before the expiry of that five year period, Nora will be eligible to apply for indefinite leave to remain under the 10-year rule because she was on immigration bail and was then immediately granted leave. Judges might take a more reasonable view. A person will then be eligible to apply for indefinite leave to remain once they have accumulated a period of 120 months (i.e. -within 14 days of any administrative review or appeal being concluded, withdrawn or abandoned. The 20-year rule on long residence is contained in paragraphs 276ADE(i) and (iii) of the Immigration Rules. Paragraph 276A(a) sets out the definition of “continuous” for the purposes of paragraph 276B and the other long residence and private life rules. Maja was born in the UK on 19 August 1995. The UK Immigration Rules have changed. He might be able to succeed on a human rights claim, although it is likely to require an appeal. As you may have noticed, there is seemingly an ever more pressing push by the British government to deal with illegal immigration in the UK. Provided he meets all the other requirements for indefinite leave following 10 years lawful residence, Ono’s application should succeed. We are happy to help anyone who has achieved the lawful residence period under either the 10 or 20 year route. Under paragraph EX.1 of the Immigration Rules, an applicant who has a “genuine and subsisting parental relationship” with that child should also be able to make an application for leave to remain as a parent. Patrick has lived in the UK for 16 years. Paragraph 39(E) deals with short gaps in lawful residence after 24th November 2016. Provided he meets all the other requirements for indefinite leave following 10 years lawful residence, Ono’s application should succeed. Use your own smartphone, pc/mac or tablet. He has been living in the UK for 12 years in total. It can be difficult to have full control over timing once the application is submitted, so wherever possible applicants should apply no earlier than 28 days before 10 years are on the clock. She was granted five years of leave. He has been living in the UK for 12 years in total. Under the 20 year rule a person does not have to have lived in the UK lawfully. This said, at Danielle Cohen Solicitors we have experience in successfully asking the Home Office to exercise discretion over excess absences arising in compassionate circumstances. However, there is a policy which may assist in some cases and which allows limited exceptions to be made. Home office saying If you spend half of your life between age 18 to 25, can get your Visa. The application form is FLR(FP) Moreover, you will not need to pass the Life in the UK test or English test as you are not applying for indefinite leave to remain; you will have to remain in the UK for a further 10 years before you can apply for indefinite leave to remain. Please get in touch if you would like to speak to an expert about your application. Under paragraph 276B of the Immigration Rules, a person with 10 years continuous and lawful residence in the UK can apply for Indefinite Leave to Remain. Leave Your Details or Call 020 7267 4133, The Firm is regulated by the Solicitors Regulation Authority, 14 Lawfords Wharf Lyme Street, Camden Town, London NW1 0SF, © Copyright Danielle Cohen Immigration Solicitor, Long Residence Rules | Apply to Settle in the UK in 2020. (ii) has left the United Kingdom and, on doing so, evidenced a clear intention not to return; or Facebook. An illegal immigrant who dragged a 14-year-old girl from the street and raped her in his Bristol home is jailed for six years. Residence will be considered to be broken where the applicant is absent from the UK for a period of six months or more. He might be able to succeed on a human rights claim, although it is likely to require an appeal. serious illness which meant the applicant or their representative was not able to submit the application in time – this must be supported by appropriate medical documentation, travel or postal delays which meant the applicant or their representative was not able to submit the application in time. He attended a private boarding school then went to university and achieved a first class degree in engineering. He applied for fresh entry clearance within 28 days of that previous leave expiring, that is within 28 days of 4 October 2014. Lara’s leave expired on 3 January 2010 and she did not submit an application until 7 February 2010, more than 28 days after the expiry of her leave. 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