If you have completed 10 years continuous lawful residence in the UK you may be entitled to apply for indefinite leave to remain (ILR) in the UK under the Long Residence Rule. This category provides a path to permanent residence.

Lawful residence is defined in paragraph 276A of the Immigration Rules as a period of continuous residence where you have had one of the following:

  • Existing leave to enter or remain.
  • Temporary admission within section 11 of the 1971 Immigration Act where leave to enter or remain is subsequently granted.
  • An exemption from immigration control, including where an exemption ceases to apply if it is immediately followed by a grant of leave to enter or remain.

Broadly, the requirements are:

  • You must have at least 10 years continuous lawful residence in the UK.
  • There must be no reason why granting leave is against the public interest.
  • You must meet the knowledge of language and life requirement.
  • You must not fall for refusal under the general grounds of refusal; the general grounds are grounds which apply to all applications for permanent settlement, and cover reasons related to an adverse immigration or criminal history.
  • You must not be in breach of immigration laws.

There are a number of circumstances which break continuous residence which include the following:

  • Been absent from the UK for a period of more than 6 months at any one time.
  • Spent a total of 18 months outside the UK throughout the whole 10 year period.

You should seek specialist legal advice if you are concerned that your absences from
the UK may negatively impact meeting continuous residence.

We offer initial fixed fee consultations at which we can review your case against the criteria and advise you on your prospects of success. We would strongly advise applicants with any issues in their immigration history to seek legal advice for these types of applications, particularly given the large Home Office fee for settlement applications.

If you choose to select our full service, we will offer you a fixed fee and we will provide the following:-

  • Bespoke legal representations to accompany your application setting out clearly why your application meets the terms of the long residence rules.
  • A Drummond Miller package meeting the onerous requirements of the Immigration Rules.
  • Advice on all aspects of the process and procedures to be followed.
  • Assistance with completion of all visa application forms.
  • Correspond with the Home Office on your behalf.

Experienced Immigration Lawyers

We have been helping clients solve their personal immigration problems for over 25 years. To find out if we can assist you and then to arrange an initial fixed fee consultation, contact our experienced team in either Edinburgh or Glasgow.
Get in touch

Our team of solicitors is available for in-person consultations, as well as telephone and video appointments. Schedule a meeting today.

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