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Long Residence Applications

A person who has lawfully in the United Kingdom for a continuous period of 10 years can apply under the long residence category, or if the person has lived lawfully + unlawfully for 20 years then still a person can apply under the Long residence category.

Long residence falls under 276A of the Immigration Rules.

1. Continuous Residence:

“Continuous residence” means residence in the United Kingdom for an unbroken period of time, and for these purposes a period shall not be considered to have been broken where an applicant is absent from the United Kingdom for a period of six months or less in one go, provided that the applicant in question has existing limited leave to enter/remain upon their departure and return, but shall be considered to have been broken if the applicant:
1. (i) has been removed under Schedule 2 of the 1971 Act, section 10 of the 1999 Act, has been deported or has left the United Kingdom having been refused leave to enter or remain here; or
2. (ii) has left the United Kingdom and, on doing so, evidenced a clear intention not to return; or
3. (iii) left the United Kingdom in circumstances in which he could have had no reasonable expectation at the time of leaving that he would lawfully be able to return; or
4. (iv) has been convicted of an offence and was sentenced to a period of imprisonment or was directed to be detained in an institution other than a prison (including, in particular, a hospital or an institution for young offenders), provided that the sentence in question was not a suspended sentence; or
5. (v) has spent a total of more than 18 months absent from the United Kingdom during the period in question.

2. “Lawful residence”:

(b) “lawful residence” means residence which is continuous residence pursuant to:
1. (i) existing leave to enter or remain; or
2. (ii) temporary admission within section 11 of the 1971 Act (as previously in force), or immigration bail within section 11 of the 1971 Act, where leave to enter or remain is subsequently granted; or
3. (iii) 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.

3. (c) ‘lived continuously’ and ‘living continuously’ mean ‘continuous residence’, except that paragraph 276A(a)
(iv) shall not apply.

Why Choose Asher & Tomar Solicitors:
Our team of expert Immigration Solicitors based in London and Cardiff can advise and represent your complex immigration matter (long residence applications) at every stage from home office, immigration tribunals, upper tribunal field house, Court of Appeal and Supreme Court.

Our expert Immigration Solicitors will endeavour to deliver the best outcome of your complex immigration matter, and have dealt with numerous refusals within the United Kingdom.

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