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What Does 18 Months Mean for Long Residence ILR?
By Elana Kaymer - Legal Associate

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...

 Rules. In this post we explore what effect that has on applications for indefinite leave to remain in the UK on the basis of 10 years long residence. Why is the meaning of ’18 months’ important...

Global Talent Visa: Settlement and ILR in the UK
By Georgina Griggs - Immigration Barrister

The UK Global Talent visa is for talented and promising individuals in the fields of science, engineering, medicine, humanities, digital technology and arts and culture wishing to work in the UK.  This is...

 often an attractive route for migrants, due to its flexibility with regard to work permissions and its often shorter period for settlement, but what requirements does one need to meet to settle in this category? ...

Returning Resident Visa - Top 7 FAQs
By Wendy Barnes - Legal Associate

In this post we answer some of the questions that are most frequently asked by individuals who previously resided in the UK with Indefinite Leave to Remain (ILR) and now wish to return following a period of absence.  (1)...

 What happens if I leave the UK for less than 2 years and now want to return?  Paragraph 18 of the Immigration Rules sets out the requirements for entry to the UK as a Returning Resident with less...

Long Residence ILR: Section 3C & Paragraph 39E
By Zoe Bantleman - Immigration Barrister

This is the third post in a series of blogs 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 years long...

 residence.  The first and second post, provided an in-depth exploration of the recent cases on the interpretation of 10 years of continuous lawful residence. This blog post will explain the provisions of...

Requirements for indefinite leave as a spouse
By Dr. Catherine Taroni - Immigration Barrister

Spouses or partners of British or settled persons can apply for indefinite leave to remain in the UK up to 28 days before they reach 60 months in the UK with leave as a partner so long as they have been granted...

 leave in the 5 year route.   ILR applications can be processed very quickly – the super priority service is available for a fee and offers 24 hour processing by the Home Office. Requirements in an ILR...

Indefinite Leave to Remain ILR: A Complete Guide
By Olivia Waddell - Pupil Barrister

Not quite citizenship, and yet more than just a visa … the status of Indefinite Leave to Remain or ILR has its own specific characteristics. In this post, we take a look at some of the most frequently...

 asked questions from those who have been granted Indefinite Leave to Remain status, including how to prove it, the rights that it gives you, and how it can be lost or maintained.  What is ILR? Indefinite Leave...

Overstaying and 10 Years Long Residence ILR
By Dr. Catherine Taroni - Immigration Barrister

In order to qualify for indefinite leave to remain (ILR) in the UK on the ground of long residence, applicants need to satisfy UK Visas and Immigration that they have spent a period of at least 10 years residing...

 in the UK continuously and lawfully.  In two recent cases, the Upper Tribunal and Court of Appeal have looked at overstaying and 10 years long residence ILR, with a particular focus on overstaying between...

Life in the UK Test - What is it and when is it required?
By Alexandra Pease - Immigration Barrister

A Life in the UK test is ordinarily required for both ILR and citizenship applications.   The Life in the UK test was introduced in 2005 for citizenship applications and 2007 for ILR applications.  The...

 plans were first introduced in 2002 by the then Home Secretary David Blunkett. You do not need to take the test if you: are under 18; are 65 or over; have passed it before, many will have already completed the...

Naturalisation: Residence Requirements
By Dr. Catherine Taroni - Immigration Barrister

The British Nationality Act 1981 allows for British citizenship to be acquired through naturalisation: Acquisition by naturalisation (1) If, on an application for naturalisation as a British citizen made by a person...

 of full age and capacity, the Secretary of State is satisfied that the applicant fulfils the requirements of Schedule 1 for naturalisation as such a citizen under this subsection, he may, if he thinks...

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