What is the 20 Years ILR Long Residence Rule?
Indefinite Leave to Remain (ILR) is a status in the UK that allows immigrants to live permanently in the country. Achieving ILR is often the final goal in the immigration journey. Typically, ILR requires a considerable period of lawful residence in the UK. The 'long residency' route is one way to achieve ILR. For example, living lawfully in the UK for 10 continuous years might make you eligible under the 10-year long residence rule. However, this requires maintaining legal status throughout those 10 years, with all visa applications filed on time and leaving the UK whenever necessary before your stay permit expired. For those with more complicated situations, such as overstaying their visas or living in the UK illegally, there is an alternative 20-year route. This path allows individuals with complex immigration histories to regularize their stay and eventually apply for ILR, paving the way for making the UK their permanent home.
How Does the Rule Work?
According to paragraph 276ADE of the immigration rules, 20 years of continuous residence in the UK qualifies an individual for permanent status, regardless of whether their stay has been legal or illegal. 'Continuous residence' refers to living in the UK without significant breaks. Absences of up to six months are permissible, as long as the individual had valid permission to leave and return. However, time spent in prison does not count towards the 20 years, with the clock pausing during imprisonment and resuming upon release.
Who Qualifies for the 20 Years Long Residence Rule?
The 20 Years Long Residence Rule provides a pathway for individuals who have lived in the UK
for two decades, allowing them to secure their future. Applicants must meet specific criteria,
including:
1- 20 years of continuous residence in the UK, legally or illegally.
2-The ability to prove this 20-year stay.
3- No serious or questionable criminal convictions.
What Can Break Continuous Residence?
Continuous residence can be broken under certain conditions, such as:
1- Spending a total of 18 months (548 days) outside the UK within the 20-year period.
2- Leaving the UK for less than six months without valid leave to return.
3- Being deported from the UK during the 20-year period.
4- Leaving the UK under circumstances that prevent lawful return.
5- Serving a custodial sentence or being detained in a non-prison institution after a criminal
conviction.
How to Apply for 20 Years Long Residence
The 20-year rule offers a chance to regularize one's stay in the UK, focusing on 'continuous'
residence over the last 20 years rather than lawful residence. To qualify, applicants must:
1- Complete the specific form for "Application to remain in the UK on the basis of family
life or private life."
2- Ensure the application is valid by paying the required fees, attending a biometric
appointment, presenting a passport or identity document, and being physically in the UK
on the application date.
3- Avoid falling under any suitability grounds for refusal.
4- Provide proof of continuous residence in the UK for at least 20 years.
The Importance of Supporting Evidence for Your ILR Application
When applying under the 20-year-long residence route, it is essential to gather a comprehensive
set of documents that demonstrate your two decades in the UK. This might include bills,
employment letters, education records, and healthcare documents. Each document should cover
consecutive years to show uninterrupted residence.
Supporting documents might include:
1- Bank statements or utility bills.
2- Documents showing your housing history, such as tenancy agreements.
3- Employment records, such as payslips, contracts, and job offer letters.
Although working while in the UK illegally is not permitted, such evidence can still demonstrate
a connection to the UK.
What is the Suitability Requirement in 20 Years Long Residence Applications?
Applicants must meet stringent suitability criteria. Applications are typically refused if the person has served a custodial sentence exceeding 12 months, has a history of repeated offenses, or has been involved in serious crimes. Even those with sentences under 12 months or other breaches, such as false representations, may face refusal. Applicants with any criminal history must provide additional evidence to support their application.
How Immigration Solicitors can Help
Proving a 20-year-long residence in the UK, especially if done illegally, can be challenging. If
you meet the requirements, you may wonder what steps to take next. To ensure a smooth
application, consider the following steps:
1- Contact an immigration solicitor.
2- Consult with them about your specific application.
3- Provide identification documents, such as a passport and biometric information.
4- Submit supporting documents that prove your 20-year continuous residence.
5- Prepare for any interview with your solicitor's help, ensuring you are ready to answer
questions confidently and truthfully.
How Long Does the Application Take to be Determined?
Once you submit your application, the Home Office typically takes about six months to reach a decision, though this can vary depending on their workload. Ensuring your application is correctly completed can increase your chances of a quicker and successful outcome.
Reasons Why a 20 Year Long Residence Application Can be Denied
Even with 20 years of residence in the UK, several factors could lead to a denial of your
application, including:
1- Suitability Concerns: Public safety concerns, such as criminal history, can lead to
refusal.
2- Invalid Applications: Incorrect fees or incomplete forms can result in rejection.
3- Breaks in Continuous Residence: Spending more than six months outside the UK at
any one time resets the 20-year clock.
4- Not Being in the UK While Applying: You must be present in the UK to apply under
this rule.
Fees for Applying through the 20 Years Long Residence Route
Applying for ILR through the 20 Years Long Residence route comes with several financial
obligations, including:
Visa Application Fee: Currently £1,093.
1- NHS Surcharge: £1,035 per year to access healthcare services.
2- Biometric Enrollment Fee: £19.20 for providing biometric details.
What Happens if My 20 Years Long Residence Application is Refused?
If your application is refused, it can be disheartening, but options are available. You may:
1- Appeal: File an appeal to have an immigration tribunal review the Home Office’s
decision. New evidence can be introduced, and any errors in the original decision can be
addressed.
2- Judicial Review: If an appeal fails or is not possible, a Judicial Review might be the next
step. A judge will review the legitimacy of the Home Office's decision. If flaws are
found, they may order a reconsideration.
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