The 10 year route is granted to applicant (s) that do not meet the suitability requirements, such as not having valid Immigration status or unable to meet certain eligibility criteria.
What is the 20 Years Long Residence Immigration Rule?
On the 12th July 2012, the Home Office introduced new Immigration rules came and effectively changed the 14 Year long residence rule, which previously allowed the applicant to be granted indefinite leave to remain and replaced this with the 20 Years Long Residence application rule in the United Kingdom. This visa category is covered under paragraph 276 (ADE) of the Immigration rules.
The difference between the 10 year’s lawful residence rule compared to the 20 years long residence application, there is no legal requirement to have lived lawfully in the UK to qualify for leave to remain in the UK, under this visa category. It does however require for you to have lived in the UK for 20 years continuously. This is known as the long residence application.
What are the Requirements to apply for 20 years long residence application?
The Home Office must be satisfied you meet the following requirements:
- You have lived continuously in the United Kingdom for 20 years.
- There are no public interest (public good) reasons why it would be undesirable to grant you leave to remain in the UK
- You meet the suitability grounds which includes any period of imprisonment or time spent in prison
- You have not been absent from the UK and have not left the United Kingdom
Do I need to pay for the Immigration Health Surcharge?
You will be required to pay the Government NHS Surcharge, which is a separate fee and currently £2,587.50 for the length of your visa set at £1,035 (previously £624) per year per applicant. This fee would need to be paid online including the visa application fee, which is £1,048 plus £19.20 towards the Biometric fee.
Can I qualify if I have lived in the UK for less than 20 years?
If you have lived in the UK for less than 20 years, but there would be very significant obstacles to integration into your home country if required to leave the UK. This entitled may allow you to apply for leave to remain in the UK on the basis of your private/family life outside of the Immigration rules to the Home Office. The Home Office will consider many factors including your ties you have built up, if you have been absent from the UK, what change of circumstances there have been since you entered and so on.
Will I be granted ILR?
Unlike the 10 years lawful residence route you are granted Indefinite leave to remain in the UK or settled status. Under the 20 years long residence application, the Home Office will consider your application whether to grant leave to remain in the UK for a period of 2.5 years or period of 30 months. This category later leads to apply for indefinite leave to remain in the UK and entitles you to apply for naturalisation as a British citizen.
Unfortunately, the Home Office often reject applications – especially if they have been made without legal guidance as mistakes can easily be made. You may have provided insufficient evidence or made a minor error in your application for long residence. You need to act fast if you want to successfully appeal the Home Office’s decision
How long does the Process Take?
On average it can take between 2-4 months for a Caseworker to reach a decision on your application for your application for leave to remain in the UK. It some cases it can be a lot less and decided quickly depending on the circumstances of your case. The Home Office may also request further information or documents in order to establish that you have not left the UK, during your long residence in the UK and documents to prove your presence for 20 years residence in the UK.
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How can we help?
At My Legal Services, our Immigration Solicitors in London deal with all types of visa problems and offer help and legal advice at all stages of your application process in submitting your UK immigration application. We take pride in our capability to resolve complicated Immigration matters or else VISA related matters for our clients most effectively and humbly for you and your family members.
Our Friendly Team of Immigration Solicitors are experts in dealing with your application for leave to remain on the basis of your 20 years long residence of if you have lived in the UK for less than 20 years in the UK.
Our Immigration Solicitors in London are fully trained in Immigration cases across the entire spectrum and are accredited by the Law Society under the Immigration & Asylum Accreditation Scheme. We can offer an advice meeting so that you can talk to one of our expert lawyers and ask any questions.
Once instructed, please feel assured we will include the following:
- Taking detailed instructions from you and advising you about the relevant immigration laws and procedures in your application for leave to remain if have lived for less than 20 years in the UK to the Home Office;
- Assessing and checking your documents and evidence to ensure that your for 20 years long residence or leave to remain if have lived for less than this
- Advising you if any documents are missing or additional documents are required to support and strengthen your application for 20 years long residence or leave to remain if have lived for less than this
- Completing of your entire application process and any information to process your application
- Preparing a representation letter to the Home Office as to why you qualify for leave to remain if have lived for less than 20 years in the UK.
Our Professional Solicitor's are available in person at our offices or via the phone, Call us Today
Our Top 20 Years Long Residence FAQ’S
Under the 20 year rule, a person is not entitled to be granted indefinite leave to remain in the UK. Instead you will be granted leave to remain in the UK for a period of 30 months or 2 and half years stay in the UK. After completing 10 years under the Private life route, you will be entitled to apply for indefinite leave to remain in the UK.
If you are under the 10 year private route and form family life in the UK, you can apply to switch from the 10 year route to the 5 years route on the basis of your family life – partner route subject to meeting the relevant requirements under Appendix FM of the Immigration rules.
Under the 20 years long residence rule, there is requirement to have passed the Life in the UK test or meet the Listening and Speaking test.
The applicant (husband or wife) will need to pass IELTS level A1 Listing and Speaking test to fulfil the English language requirement.
The application for is FLR FP. The term FP stands for Family and Private Life. If you have lived in the UK continuously for 20 years long residence, you will be granted leave to remain in the UK under the 10 year route.