Q&As

When applying for indefinite leave to remain under the ten-year long residence route, can you rely on the time between the issue of entry clearance and entering the UK as ‘continuous and lawful’ residence?

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Produced in partnership with Nick Nason of Edgewater Legal
Published on LexisPSL on 17/05/2019

The following Immigration Q&A Produced in partnership with Nick Nason of Edgewater Legal provides comprehensive and up to date legal information covering:

  • When applying for indefinite leave to remain under the ten-year long residence route, can you rely on the time between the issue of entry clearance and entering the UK as ‘continuous and lawful’ residence?

In order to qualify for indefinite leave to remain (ILR) under the ten-year residence route, leave must be both ‘continuous’ and ‘lawful’.

As set out in: Long residence and private life resources—overview, the meaning of ‘lawful’ residence is defined at Immigration Rules, Part 7, para 276A(b) as being continuous residence pursuant to existing leave to enter or remain.

In terms of the meaning of ‘continuous’ residence, Long residence and private life resources—overview states that continuous residence is residence in the UK for an unbroken period.

However, Home Office guidance on ILR states that certain absences from the UK will not break continuity in the continuous period:

  1. absences which will not break continuity in the continu

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