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Long Residence ILR Application Top Tips

If you have been living continuously and lawfully in the UK for 10 years, you may be eligible to apply for indefinite leave to remain (ILR) on the basis of long residence. This post is designed to give some practical...

Settlement in the UK Success Stories

Our immigration barristers have assisted many individuals and their families to obtain indefinite leave to remain (ILR) and settlement in the UK, including under the points-based system, on the basis of partnerships...

What Does 18 Months Mean for Long Residence ILR?

In the recent decision of Chang (paragraph 276A(a)(v); 18 months?) [2021] UKUT 65 (IAC), the Upper Tribunal determined that “18 months” means 548 days in the context of paragraph 276A(a) (v) of the Immigration...

10 Year ILR Long Residence: Absences from the UK

Potential applicants for indefinite leave to remain under the long residence provisions are likely, as they approach the 10 year qualification period, to be charting the days they have been absent from the UK in...

Home Office U-turn: Section 3C Leave Can Resurrect

Almost 3 years ago, I wrote this article regarding the operation of section 3C of the Immigration Act 1971, in circumstances where leave extended by virtue of that section has ended by a decision that is subsequently...

Overstaying Does Not Break Lawful Residence For 10 Years Long Residence ILR

This post provides an update on the current landscape of case law addressing the continuous lawful residence requirement for 10 year long residence ILR in light of the case of Hoque & Ors v Secretary of...

Long Residence ILR: Continuous Lawful Residence

This is our fourth blog in a series of blogs written regarding recent developments in case law on overstaying and applying for settlement, also known as indefinite leave to remain (‘ILR’), on the basis of 10...

Long Residence and Human Rights Appeals

What happens when you complete 10 years’ long residence whilst a human rights appeal is pending?  This is essentially what the Upper Tribunal considered in OA and Others (human rights; ‘new matter’; s.120)...

Long residence: disregarded current overstaying does not count

In the case of  R (on the application of Ahmed) v Secretary of State for the Home Department (para 276B – ten years lawful residence) [2019] UKUT 00010 (IAC), the Applicant had arrived in the United Kingdom on...

Acceptable evidence when applying for leave to remain on long residence grounds

In Khan, R (on the application of) v Secretary of State for the Home Department[2016] EWCA Civ 416 (04 May 2016) the principal issue that the Court of Appeal considered was whether only “official”...

10 year ILR applications: discretion to waive breaks in continuous residence

This is an update to an article posted earlier this year, concerning breaks in continuous residence and applications for indefinite leave to remain under paragraph 276B of the Immigration Rules (the 10...

10 year ILR applications: Breaks in continuous lawful residence

In order to qualify for indefinite leave to remain on the basis of long residence under paragraph 276B of the Immigration Rules, applicants must demonstrate at least 10 years continuous lawful residence...