Q&As

Where an application was made within 14 days of being refused permission to appeal to the Upper Tribunal, can the applicant rely on the period in which the application was pending (subsequently granted) as ‘continuous and lawful residence’ for the ten-year route to settlement?

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Produced in partnership with Nick Nason of Edgewater Legal
Published on LexisPSL on 04/02/2019

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

  • Where an application was made within 14 days of being refused permission to appeal to the Upper Tribunal, can the applicant rely on the period in which the application was pending (subsequently granted) as ‘continuous and lawful residence’ for the ten-year route to settlement?

Section 3C of the Immigration Act 1971 (IA 1971) temporarily extends an applicant’s leave for the period that their application is under consideration, including when pursuing an appeal or administrative review following a negative decision. See Practice Note: When does leave continue—making and withdrawing applications, challenging decisions and travel.

The long residence rule permits an applicant to apply for indefinite leave to remain (ILR) if they can demonstrate that they have been present in the UK for a continuous and lawful period of ten years. The definition of ‘continuous’ is found in Immigration Rules, Part 7, para 276A(a). The three main conditions for ‘continuous residence’ are that the applicant:

  1. has not been absent from the UK for a period of over six months at any one time, and for 18 months in total during the ten-year period relied upon

  2. has valid leave if leaving the UK

  3. has valid leave if returning to the UK

In accordance with Immigration Rules, Part 7, para 276A(b), ‘lawful’ residence means residence which is continuous pursuant to:

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