Settlement in the UK on the 20-Year Private Life Route: ILR and British Citizenship
In This Article:
For many immigrants in the UK, the ultimate goal is to obtain ‘long-term settlement’ or ‘permanent residence’, known as Indefinite Leave to Remain (ILR) under the Immigration Rules. ILR is generally obtained through an extended period of residence in the UK. Often this is where applicants have spent three or five years on a particular work or business route, as a spouse or on an ancestry visa. Alternatively, periods of ‘long residence’ in the UK can lead to an individual obtaining ILR.
This article focuses on settlement, ILR and British citizenship considerations on the 20 year private life route.
1. What is Indefinite Leave to Remain?
As suggested by the name, this leave is indefinite and does not need to be renewed. Barring any serious issues, such as criminal activity, subsequent discovery of dishonesty or other breaches of the immigration rules, ILR is only lost if the holder remains outside of the UK for 2 or more years at a time, or, where settled status was obtained under the EU Settlement Scheme, outside the UK, Ireland or the Crown Dependencies for 5 or more years. For Swiss citizens and their family members with settled status under the EU Settlement Scheme, the relevant period is 4 or more years. ILR removes all restrictions on an immigrant’s activities and allows individuals to move in and out of the UK freely.
ILR is generally obtained through an extended period of residence in the UK. Often this is where applicants have spent three or five years on a particular work or business route, as a spouse or on an ancestry visa. See our article on the quickest ways to obtain ILR in the UK. Alternatively, periods of ‘long residence’ in the UK can lead to the individual obtaining ILR.
2. What counts as ‘long’ residence?
Individuals who have completed 10 years of qualifying ‘continuous lawful’ residence in the UK and meet the other Appendix Long Residence requirements are eligible to apply for ILR.
This route is often used by individuals who have had periods of leave on a variety of visas. However, under the current Appendix Long Residence rules, time with permission under Appendix Ukraine Scheme, or as a Visitor, Short-term Student English language or Seasonal Worker, including predecessor routes, does not count towards the 10-year qualifying period. Applicants need to show that, despite these different visas, their leave in the UK forms one continuous period of residence, meeting the Appendix Continuous Residence requirements. For Appendix Long Residence, absences from 11 April 2024 must not exceed 180 days in any 12-month period, while transitional rules apply to earlier absences, including the previous 184-day single absence and 548-day total absence limits where applicable.
However, in addition to ‘continuous residence’ applicants must also show that their leave has always been lawful – meaning that all new applications have been made in-time, or that any period without permission is not counted towards the qualifying period unless specifically permitted by the Rules, or that the individual has always left the country before their leave expired.
Some individuals will not be able to meet this lawfulness requirement. Therefore, there is a further, private life route based on more than 20 years’ continuous residence, which individuals with periods of overstaying or other immigration issues may be able to use to regularise their status and work towards obtaining ILR.
This route has had several different iterations – some readers may have come across information regarding a 14 year route to settlement, for example, which was in fact abolished in 2012. This 14 year route was replaced by the 20 year rules which initially appeared in paragraph 276ADE of the Immigration Rules. In 2022 however, the 20 year private life rules were brought under the Private Life section of the Immigration Rules.
3. What is the 20 year rule on private life?
Under the 20 year rule a person does not have to have lived in the UK lawfully, but simply ‘continuously’ for more than 20 years.
There are four requirements that an applicant needs to meet to qualify for leave to remain on this route:
- To apply using the correct form, which is called “Application to remain in the UK on the basis of family life or private life”;
- To make a valid application for leave, by paying any relevant fees and Immigration Health Charge, unless a fee waiver has been granted in whole or in part, providing biometrics when required, providing a passport or suitable identity document and by being in the UK on the date of the application;
- Not falling for refusal under the suitability requirements;
- Being aged 18 or over on the date of application and having lived in the UK continuously for more than 20 years.
4. What is continuous residence for the 20 year private life route?
Applicants will need to show that they have spent one continuous period of more than 20 years living in the UK, by demonstrating that they have not had any significant periods of absence. This means that they should not have had any periods of absences lasting longer than 6 months at any one time, and that they have not spent 550 days or more in total outside of the UK during the 20 year period they are relying on. The applicant should also have not been removed, deported or have left the UK following the refusal of an application, and should not have left the UK without having a “reasonable expectation at the time of leaving that they would lawfully be able to return”.
Applicants applying on this route should show their continuous residence with documentary evidence – for example, tenancy agreements, utility bills or bank statements which show where they have lived, or documents such as contracts or certificates which show their work or education history.
The 20 year private life route has two important distinctions from the 10 year route. The first is that the period of continuous residence may include time spent in the UK either with or without permission. This means that, for example, periods of overstay may count towards the 20 years continuous residence.
The second is that periods during which the applicant was serving a sentence of imprisonment or was detained in an institution other than a prison, will not break continuous residence, although the time spent being detained will not count towards the 20 years.
An example might be a person who has lived in the UK since 01 January 2002, who served a three month prison sentence between 01 August 2004 and 01 November 2004. Before the prison sentence this person had lived in the UK for two years and seven months. The three months spent in prison would not count towards the 20 years, so after leaving prison the person would need to live in the UK for another 17 years and five months in order to reach 20 years of continuous residence. This person would therefore be eligible to make an application under the 20 year rule after 01 April 2022, subject to meeting the other requirements and the current “more than 20 years” wording in Appendix Private Life.
5. What suitability requirements apply to a 20 year private life application?
Bearing in mind the example above, it is important to reiterate that a person making an application under the 20 year private life rules must not fall for refusal under the suitability requirements. Immigration applications where the person has a criminal conviction and has been given a custodial or suspended sentence of 12 months or more, is a persistent offender who shows a particular disregard for the law, or has committed an offence which caused serious harm must be refused.
Applications made by individuals who have received a custodial or suspended sentence of less than 12 months, a non-custodial sentence or an out-of-court disposal recorded on their criminal record, or who have breached other suitability requirements, such as making false representations or using deception in previous applications, may or in some cases must be refused.
The suitability requirements are an important part of these kinds of applications and applicants who have served time in prison, or who may fall for refusal for other reasons, will need to provide additional evidence in relation to their conviction and general character.
6. Can you get ILR or settlement on the 20 year private life route?
A common misconception about the 20 year rule is that a successful application leads immediately to a grant of ILR or ‘settlement’.
In contrast, a successful application under the 20 year private life rule merely allows the applicant to regularise their status, by obtaining a grant of limited leave to remain for a period of 30 months, on what is known as the ‘private life route’. This grant generally has a condition of ‘no recourse to public funds’ attached to it, meaning that the applicant cannot rely on public funds, such as many welfare benefits and certain housing assistance. This does not, of itself, mean that the applicant cannot use the NHS; applicants granted time-limited permission will generally have paid, or been granted a waiver of, the Immigration Health Charge, which enables access to NHS treatment on broadly the same basis as permanent UK residents for the duration of their permission, subject to charges that UK residents also pay.
A person who makes an application under the 20 year rules will only be eligible to apply for ILR once they have accumulated the required 10-year qualifying period with permission counted under Appendix Private Life, which may include certain family and private life permissions and, subject to conditions, other permission on routes that lead to settlement. This of course means making subsequent applications to renew this leave every 30 months when it expires.
In general therefore, this means that under the 20 year rule it will in fact be around 30 years or more from the person’s entry to the UK before they are eligible to apply for settlement.
7. Can you get British Citizenship after living in the UK for 20 years?
Another common misconception about long residence in the UK is that having lived in the UK for 20 years, a person will be eligible to apply for British citizenship. However, as stated above, the 20 year private life rules are really a chance for a person to regularise their status in the UK, and start working towards obtaining ILR.
In most cases, only once a person has held ILR for at least 12 months will they be eligible to apply for British citizenship. However, a person who is married to, or in a civil partnership with, a British citizen does not need to wait 12 months after obtaining ILR before applying, provided the other naturalisation requirements are met.
8. Contact Richmond Chambers Immigration Barristers
For expert advice and assistance in relation to an application under the 20 year private life rules, please contact our immigration barristers in London on 0203 617 9173 or via the enquiry form below. Our barristers can advise on eligibility, evidence of continuous residence, suitability issues and the route towards ILR.
9. Frequently Asked Questions
What is the 20 year private life route?
The 20 year private life route is a route for a person aged 18 or over who has lived in the UK continuously for more than 20 years to apply for limited leave to remain, provided the other requirements are met.
Does the 20 year rule lead immediately to ILR?
No. A successful application under the 20 year private life rule leads to limited leave to remain, usually for 30 months. ILR can only be applied for once the required qualifying period with permission has been accumulated.
Can overstaying count towards the 20 years of continuous residence?
Periods of overstaying may count towards the 20 years of continuous residence because the route may include time spent in the UK either with or without permission.
What evidence can support a 20 year private life application?
Applicants should provide documentary evidence of continuous residence, such as tenancy agreements, utility bills, bank statements, contracts or certificates showing work or education history.
What absences may affect continuous residence on the 20 year route?
Applicants should not have had absences lasting longer than 6 months at any one time and should not have spent 550 days or more in total outside the UK during the 20 year period relied on.
Can time in prison count towards the 20 years?
Time spent serving a sentence of imprisonment or being detained does not break continuous residence, but the time spent detained does not count towards the 20 years.
Can criminal convictions affect a 20 year private life application?
Yes. The suitability requirements are important, and certain criminal convictions or other suitability issues may lead to refusal or require additional evidence about the conviction and the applicant’s general character.
Can you apply for British citizenship after 20 years in the UK?
Living in the UK for 20 years does not, by itself, make a person eligible for British citizenship. In most cases, a person must first obtain ILR and hold it for at least 12 months, unless they are married to or in a civil partnership with a British citizen and meet the other naturalisation requirements.
Please note that the information provided in this article is for general guidance only and is based on the immigration rules and policies in force at the date of publication. Immigration law and Home Office policy can change frequently, and requirements may vary depending on individual circumstances. Legal advice should always be sought in relation to your specific situation.