Long Residence
Long Residence (10 year route)
Introduction:
Applying for settlement or Indefinite Leave to Remain (ILR) based on long residence in the United Kingdom can be a complex process. In this blog, we will explore the requirements and steps involved in making a successful application. From demonstrating continuous and lawful residence to meeting the knowledge and language requirements, we will cover the essential aspects that applicants need to be aware of.
Additionally, we will discuss the importance of good character, criminality checks, and the documentation required for a valid application. So, let’s dive in!
Continuous and Lawful Residence:
To be eligible for settlement/ILR based on long residence, you must establish that you have resided lawfully and continuously in the UK for a period of ten years. This means you should have had valid leave or a valid in-time application throughout this period. However, certain exceptions and factors beyond your control, such as Home Office errors or cancelled/cancelled leave, may impact the continuity of your residence.
Therefore, it is crucial to carefully assess your full immigration history to ensure this requirement is met.
Knowledge and Language Requirement:
In addition to continuous and lawful residence, applicants must also satisfy the knowledge and language requirement.
Life in the UK Requirement:
Most applicants, unless exempt for medical reasons, must pass the Life in the UK test. To prepare for the test, it is recommended to study the official publication titled “Life in the UK: A Guide for New Residents.“
Which provides comprehensive information about life in the country. The test can be booked through the official website, and it is essential to bring a valid identity document to the test center.
English Language Requirement:
Applicants must meet the English language requirement, unless exempt. This can be fulfilled by possessing a valid speaking and listening qualification in English at B1 CEFR or higher, completing a degree in the UK, or holding a degree certificate taught or researched in a majority English-speaking country.
Various criteria and supporting documents apply to each of these options.
Good Character Requirement:
Being of good character is an essential requirement for settlement/ILR. It entails respecting the rights and laws of the UK, fulfilling your duties and obligations as a resident, and having a clean criminal record. The Home Office conducts checks and may request confirmation of your tax and National Insurance affairs from H.M. Revenue & Customs.
Criminality:
Applicants must disclose all criminal convictions, including road traffic offenses and fixed penalty notices. Drink driving offenses, endorsements on driving licenses, and civil judgments must also be declared. Criminal record checks are performed, and certain convictions or ongoing criminal proceedings may impact the application.
Deception and Immigration-Related Issues:
Any attempt to deceive the Home Office or other government departments will be considered when assessing the good character requirement.
Evasion of immigration control, aiding others in evading control, or employing illegal workers can result in application refusal.
Making a Valid Application:
To ensure a valid application, it is crucial to follow the Home Office’s specified application process, provide biometric data when required, and pay the necessary fees. The application form is submitted online, accompanied by the appropriate payment.
Exemptions may apply based on specific circumstances, such as medical issues.
Outcome of the Application:
If the application is successful, applicants will be granted indefinite leave to remain in the UK, allowing them to live, work, travel, and access public funds. Depending on the circumstances, individuals may also become eligible for British nationality.
In case of refusal, limited options for appeal or judicial review may be available.
Fees and Timescales:
The Home Office fees for settlement/ILR applications are subject to change, and applicants should check the current fees. Additionally, the application process can take up to six months or more if your case is complex.
How can Buckingham Legal Associates Help?
If you are dealing with an immigration case in the UK (United Kingdom), it is important to consider hiring our experts to assist you. Here are some reasons why:
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Peace of mind:
Dealing with an immigration case can be stressful and overwhelming. Instructing us can help alleviate some of that stress and give you peace of mind knowing that a professional is handling your case.
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Expertise
At Buckingham Legal Associates have the knowledge and expertise to navigate the complex and constantly changing UK immigration system. We can help you understand your options and advise you on the best course of action.
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Avoiding mistakes:
Filling out immigration paperwork can be confusing, and mistakes can have serious consequences. Our experts can help you avoid errors that could delay or even jeopardize your case.
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Legal representation:
If your case ends up in court, we can provide legal representation and advocate on your behalf.
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Better chance of success:
Hiring our experts may increase your chances of success. We can help you present a stronger case and provide supporting evidence.
COST
The specific documents are dependent on your circumstances, and you should book a consultation with our legal experts to establish the documents you are required to provide.
As experts in the field, we can assist you from start to finish in making an application. We can advise you about your documents, prepare and file your application and submit written representations to present your case to the Home Office to increase the chances of getting a successful outcome of your application. Should you wish to speak further about your application, contact our team at 0203 006 2742 or team@buckslegal.co.uk and book a consultation today to learn more.