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20 Years Long Residence Solicitors

Sep 26

If you have consistently been in the UK for 20 years, whether legally or illegally, you may apply for initial leave to stay based on 20 years of residency. In accordance with paragraph 276ADE of the Immigration Rules, a request based on 20 years of residency is taken into consideration. Utilizing application form FLR, a request for leave to stay based on 20 years of residency is filed (FP). If the request is approved, the applicant will be given permission to stay for 30 months under the 10-year road to settlement.

You must establish your claim of continuous residency in the UK for at least 20 years with documentary proof in order for your application to be approved under the 20 years long residence category. If the continuity of residence has already been disrupted, the Home Office may reject the application.
One who has not lived in the UK for 20 years cannot submit an application on that basis. The 10-year settlement path is the 20-year residency route. For people who want to rely on their 20 years of residency to stay in the UK, there is no 5-year road to settlement.

 

Eligibility Requirements For Initial Leave To Remain On The Basis Of 20 Years Long Residence by Adamir Solicitors

Paragraph 276ADE(1)(iii) sets out the criteria to be applied, together with the other requirements of the rules, in assessing whether to grant leave to remain to an applicant on the basis of 20 years’ continuous residence.To meet this requirement, an applicant must have lived continuously in the UK for at least 20 years at the date of application, discounting any period of imprisonment.

To qualify for initial leave to remain for 30 months on the basis of 20 years long residence, the applicant must satisfy the following eligibility requirements:

  • The applicant should meet the suitability requirement as evisaged under paragraph 276ADE(1)(i), and the application of the applicant must not fall for refusal under S-LTR: Suitability;
  • The applicant must have lived continuously in the UK for at least 20 years (discounting any period of imprisonment).

Continuous Residence
"Continuous residence" is defined in paragraph 276A(a) of the Immigration Rules as "residence in the UK for an unbroken period," and for these purposes a period shall not be deemed to have been broken where an applicant is away from the UK for a period of six months or less at any one time, provided that the applicant in question has current limited leave to enter or remain upon their departure and return, but shall be deemed to have been in continuous residence during the entire period of continuous residence.

 

  • has been removed under Schedule 2 to the 1971 Act or section 10 of the 1999 Act, has been deported or has left the UK having been refused leave to enter or remain here; or  
  • has left the UK and, on doing so, evidenced a clear intention not to return; or 
  • left the UK 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  
  • 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 
  • has spent a total of more than 18 months absent from the United Kingdom during the period in question.

‘Lived continuously or living continuously’ is defined in paragraph 276A(c) of the Immigration Rules as:“lived continuously” and “living continuously” mean “continuous residence”, except that paragraph 276A(a)(iv) shall not apply.

Time Spent Behind Bars
It is important to remember that a spell of incarceration will not end a candidate's continuous residency in the UK if they are applying based on their private life. Instead, the time spent in jail or prison won't be added to the total amount of time spent living there; nevertheless, the time spent before and after that time in jail or prison can be added together.

Re-Applying for Stay Permit Using 20-Year Residence History

You have the opportunity to reapply for leave to stay based on 20 years of residence if your initial application for such permission was denied by the Home Office or UKVI and you feel the decision to deny your application was legitimate and lawful and thus cannot be successfully appealed. In order to reapply for permission to remain based on 20 years of residence, we may offer the necessary legal support.

 

How May  Adamir Solicitors can help?

Our immigration lawyers may act as your legal counsel and handle every aspect of your permission to remain application up until the Home Office UKVI makes a judgement. This includes representation in your application for leave to remain based on 20 years of residence. Our long residence attorneys will handle the following immigration casework if hired to represent you about your leave to remain application based on 20 years of residency:
determining your eligibility for permission to stay based on 20 years of residence by taking into account all of your particular circumstances; providing you with advice on the strengths and weaknesses of your leave to remain application based on 20 years of residence.

 

 

Adamir Solicitors are very experienced in dealing with 20 Years Long Residence Application, appeals and refusals, so can advise you on your options and help you to achieve a better result wherever possible. They can also assist with making an urgent application if there is a reason your case needs to be heard quickly.

Let Adamir Solicitors assist you with obtaining indefinite leave to remain in the UK. 

Adamir Solicitors Ltd - Immigration Solicitors London

5 Norman Rd, London N15 4ND

02033020074