Q&As

When making an application for settlement under the long residence (ten-year) route, can you rely on time spent between the initial grant of entry clearance and entering the UK as part of the qualifying period of residence? Is the position different for Skilled Worker applications?

read titleRead full title
Produced in partnership with Nick Nason of Edgewater Legal
Published on LexisPSL on 02/03/2021

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

  • When making an application for settlement under the long residence (ten-year) route, can you rely on time spent between the initial grant of entry clearance and entering the UK as part of the qualifying period of residence? Is the position different for Skilled Worker applications?
  • Long residence applications
  • Skilled worker applications
  • Further discussion

Long residence applications

Where making an application under the long residence route under paragraph 276B of the Immigration Rules, applicants must show that they have resided in the UK for a continuous and lawful period of ten years:

'276B. The requirements to be met by an applicant for indefinite leave to remain on the ground of long residence in the United Kingdom are that:

(i) (a) he has had at least 10 years continuous lawful residence in the United Kingdom.

(ii) having regard to the public interest there are no reasons why it would be undesirable for him to be given indefinite leave to remain on the ground of long residence, taking into account his:

(a) age; and

(b) strength of connections in the United Kingdom; and

(c) personal history, including character, conduct, associations and employment record; and

(d) domestic circumstances; and

(e) compassionate circumstances; and

(f) any representations received on the person’s behalf; and

(iii) the applicant does not fall for refusal under the general grounds for refusal.

(iv) the applicant has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL.

(v) the applicant must not be in the UK in breach of immigration laws, except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded. Any previous period of overstaying between periods of leave will also be

Popular documents