The only requirements to meet under the 20 year rule are: Therefore, where an applicant has had 20 years continuous residence in the UK, their application may only be refused on suitability grounds (generally on grounds of public good) or if their application is not valid (for example, they did not pay the correct fee). According to the Home Office policy, individuals cannot be absent from the UK for any period in excess of six months at once or 540 days in total. As you may have noticed, there is seemingly an ever more pressing push by the British government to deal with illegal immigration in the UK. The application form is FLR(FP) Moreover, you will not need to pass the Life in the UK test or English test as you are not applying for indefinite leave to remain; you will have to remain in the UK for a further 10 years before you can apply for indefinite leave to remain. Thanks to Nath Gbikpi for her assistance with both the original and with subsequent updates. There will be cases where people need to submit their application earlier than 28 days in advance, and the Home Office guidance confirms that, as long as the application is being considered 28 days or fewer before the qualifying period is completed, it should be granted. Perry Wacker, jailed for 14 years The judge sentenced Wacker's fellow defendant Ying Guo (30) of South Woodford, Essex, to six years for conspiring to smuggle illegal immigrants into the UK. All the way through the application and appeal process her status continued to be immigration bail. Example By Bradford Richardson - The Washington Times - Tuesday, March 28, 2017. There does not appear to be an equivalent provision when the period of overstay was longer than 14 days after 24 November 2016. But there are complications and qualifications. Illegal Immigrant Becoming Legal In The UK. In the case of, the number of days absent exceeds 180 or 990 respectively but was due to circumstances beyond the family’s control, such as a serious illness, Fees fixed for each stage of your application or appeal, Personal client web access page and messaging system, Online payments, document upload & video calls. The rule was abolished in 2012 and it is no longer possible to make use of it. An illegal immigrant who dragged a 14-year-old girl from the street and raped her in his Bristol home is jailed for six years. Paragraph 276ADE(1)(vi) allows those who do not meet any of the above rules to apply for leave to remain where there would be. Maja is now 25 years old and continues to live in Albania. It turns out that on two occasions, Ono has unwittingly overstayed. Under the 20 year rule a person does not have to have lived in the UK lawfully. 09 NOV UK ASYLUM SEEKERS IN TROUBLE. For the purposes of paragraph 276B, ‘continuous’ residence refers to residence in the UK for an unbroken period. The fact that these absences were beyond his control, occurred when he was a child and were for a very good reason are irrelevant under the rules and Matt cannot succeed under the rules. . In other words, the applicant must have been in the UK with existing leave to enter or remain, or have been on immigration bail or with temporary leave. When a decision was finally reached she was refused asylum. He is now 20. Please get in touch if you would like to speak to an expert about your application. By. The exception to this rule is for those who departed the UK before 24th November 2016 after the expiry of their leave and who then applied for fresh entry clearance to the UK within 28 days of the expiration of their previous leave. Lara has lived in the UK since 10 May 2007. He departs voluntarily on 6 October 2014, two days after the expiry of his leave. Residence will be considered to be broken where the applicant is absent from the UK for a period of six months or more. Save time & money on spotting issues early. It is not appropriate to treat the statutory language as subject to some gloss and it will usually be sufficient for a court or tribunal simply to direct itself in the terms that Parliament has chosen to use. He applies for a new student visa from the USA on 10 October 2014, which is granted, and returns to the UK on 31 October 2014. (ii) has left the United Kingdom and, on doing so, evidenced a clear intention not to return; or That application was granted on 8 March 2010. Contact Us! Paragraph 276A(a) sets out the definition of “continuous” for the purposes of paragraph 276B and the other long residence and private life rules. He applied for student leave on 6 September 2014, and this was granted. If you would like to understand further how to make this application, it is necessary to examine the various elements of this rule. (a) “continuous residence” means residence in the United Kingdom for an unbroken period, 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 6 months or less at any one time, provided that the applicant in question has existing limited leave to enter or remain upon their departure and return, but shall be considered to have been broken if the applicant: (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 The applicant will be granted leave to remain for a period of 30 months, in other words two and a half years. The UK Immigration Rules state that applicants who are refused under the Long Residence Rules, due to submitting their application too early, can reapply once they have completed their qualifying leave or, alternatively, up to 28 days before this. Lack of employment prospects is very unlikely to be a very significant obstacle to integration – in assessing a claim that an absence of employment prospects would prevent an applicant from integrating in the country of return, their circumstances on return should be compared to the conditions that prevail in that country and to the circumstances of the general population, not to their circumstances in the UK. On the face of it, any period of overstaying at all will break a period of continuous lawful residence. There is guidance on what will constitute very significant obstacles in the guidance on Family life (as a partner or parent), private life and exceptional circumstances. So living in the UK with leave to enter or remain is lawful for the purposes of a long residence application, as is temporary admission or bail (e.g. He has leave as a student in the UK valid until 4 October 2014. Rather, they must have lived in the UK … Example Instead time in prison will simply not be counted towards the period of residence. To succeed under the 10 year rule, the applicant must have been lawfully resident in the UK. The 14 year rule was a type of amnesty rule because it was underpinned by a policy of allowing immigrants to stay in the UK because of human rights and family life. Alan has lived in the UK since 1 July 2005. Robert left the UK after the expiry of his leave to remain, but before 24 November 2016. This is known as an assisted voluntary return. This means a person granted leave to remain on the basis of the 14 years residence in the UK can still be granted indefinite leave to remain once the requirements are made. not falling for refusal under Section S-LTR.1.2-2.2 and S-LTR.3.1-4.5 of Appendix FM, known as “the suitability grounds”; making a valid application for leave; and, having lived continuously in the UK for at least 20 years. Maja was born in the UK on 19 August 1995. It is possible that discretion might be exercised in Matt’s favour under the policy, although it does not seem likely as the circumstances are not “compassionate” as such. Has permission to be in the UK when he or she leaves; Does not remain outside the UK for more than six months at any one time; and. In doing so the Secretary of State can consider: -the refusal of the previous application; or, -the expiry of the leave as extended by section 3(c) of the Immigration Act 1971; or, -within the expiry of the time limit for making an in-time application for administrative review; or. Leaving the UK as a 10 year illegal immigrant. A break in continuous residence will in effect restart the clock. Rather, they must have lived in the UK continuously over a period of 20 years. UK Immigration Rules state that continuous residence is not broken if an applicant receives a suspended sentence from a Court of Law. In addition, an applicant falling under this exception must have returned to the UK within six months of the granting of entry clearance. They may have entered legally but failed to leave when they were required to do so. Her parents were not British citizens and never had leave in the UK. He might be able to succeed on a human rights claim, although it is likely to require an appeal. (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. He might be able to succeed on a human rights claim, although it is likely to require an appeal. These are looked at below. (iv) any administrative review or appeal being concluded, withdrawn or abandoned or lapsing. Ono is a student from Nigeria. It turns out that on two occasions, Ono has unwittingly overstayed. Tag: 14 years illegal immigrant uk. He is now 20. The 14-year long residence rule was abolished in 2012 and it is no longer possible to make applications under this rule. Had it not been for the Home Office’s first erroneous decision, the applicant could have returned to the UK within six months. His total absences from the UK exceed 540 days. Before the expiry of that five year period, Nora will be eligible to apply for indefinite leave to remain under the 10-year rule because she was on immigration bail and was then immediately granted leave. Home office except me age 14. Example Ono is a student from Nigeria. Illegal immigration numbers by year from Central America and Asia have been rising since 2007, mainly due to the increased immigration from the Northern Triangle countries of El Salvador, Honduras, and Guatemala. In addition, Robert was not out of the UK for more than six months. What prevents a person from qualifying for the 20 year rule? The first time was in September 2014. For example: If an applicant does not fall into one of the exceptions above, a period of overstay will mean that the “10 year clock” will need to restart from the time immediately after the overstay. However, Matt did not remain in the UK in school holidays when he was a child; he returned home to stay with his parents. Any absence of more than six months will break “continuous residence” and so will departing the UK in certain circumstances. 7.What are the requirements under the 20 years rule? very significant obstacles to the applicant’s integration into the country to which he would have to go if required to leave the UK. A person will then be eligible to apply for indefinite leave to remain once they have accumulated a period of 120 months (i.e. Leave Your Details or Call 020 7267 4133, The Firm is regulated by the Solicitors Regulation Authority, 14 Lawfords Wharf Lyme Street, Camden Town, London NW1 0SF, © Copyright Danielle Cohen Immigration Solicitor, Long Residence Rules | Apply to Settle in the UK in 2020. Illegal immigration to the UK is a major public concern. A rule which rewarded immigrants with the right to stay in the UK after living here illegally for 14 years is to be scrapped. Lara has lived in the UK since 10 May 2007. It is possible that discretion might be exercised in Matt’s favour under the policy, although it does not seem likely as the circumstances are not “compassionate” as such. The first time was in September 2014. If intending to make an application for indefinite leave to remain following 10 years’ continuous residence in the UK in the future, Robert will only be able to “start the clock” from 31 October 2014. Guidance on when discretion will normally be exercised is contained in the, Registration as British citizen: children, the number of days absent from the UK in any one of the years does not exceed 180 days and the total number of days over the 10 year period does not exceed 990 days, the applicant was unaware of the requirements, the parents’ absences with the child were entirely voluntary, The “very significant obstacles to integration” rule, There is guidance on what will constitute very significant obstacles in the guidance on. Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder and editor of the Free Movement immigration law website. If the application is successful, an individual will be granted limited leave to remain for a period of 30 months. You can read more about this route in this blog post. In addition, long residence guidance instructs a caseworker to consider exceptional circumstances when the period of overstaying is longer than 28 days and prior to 24th November 2016. serious illness which meant the applicant or their representative was not able to submit the application in time – this must be supported by appropriate medical documentation, travel or postal delays which meant the applicant or their representative was not able to submit the application in time. Home office saying If you spend half of your life between age 18 to 25, can get your Visa. Under paragraph EX.1 of the Immigration Rules, an applicant who has a “genuine and subsisting parental relationship” with that child should also be able to make an application for leave to remain as a parent. Provided he meets all the other requirements for indefinite leave following 10 years lawful residence, Ono’s application should succeed. CNN hammers Fox News for covering alleged gang rape of 14-year-old by illegal immigrant Individuals who have been lawfully in the UK for 10 years continuously can apply for indefinite leave to remain. While the coronavirus pandemic has since slashed all forms of international travel, immigration to the UK increased to its highest level since the Brexit vote last year. The Immigration Rules allow people to apply to remain in the UK on the basis of long residence. If you elect to return to your home country voluntarily, you may be able to get help to arrange and pay for your journey. Lara has a gap in her lawful residence and needs to start the 10 year clock from 8 March 2010. Where there are no family, friends or social networks in the country of return that is not in itself a very significant obstacle to integration – many people successfully migrate to countries where they have no existing ties. Her parents were not British citizens and never had leave in the UK. The Long Residence guidance covers some situations which seem to fall outside the rules. If the application is successful, an individual will be granted limited leave to remain for a period of 30 months. The Long Residence guidance confirms that continuous residence is not broken if someone. Alternatively, they may have entered the UK illegally. Key features of 20-year rule are that: Most illegal immigrants in the UK have lived here for five years or more. Don't worry, getting advice will be confidential - they won't tell anybody about your query. Example of the Immigration Rules enables a person with 10 continuous and lawful years of residence in the UK to apply for indefinite leave to remain. It was replaced with the 20 year rule, explained below. Sorry, the details you entered weren't correct, please try again, Updates, commentary, training and advice on immigration and asylum law, EU Settlement Scheme course now available FREE to members. Pinterest. With a virtual sea change in the government through last week's elections, that hard-line stance may be breaking in the very near future. Provided she continues to be lawfully present in the UK until then, she will be eligible to apply under the 10 year rule on 8 March 2020. GRANDVIEW, WA – On April 29, Yakima County sheriff’s deputies arrested Salvador Virrueta Chavez, after he reportedly forced himself on a 14-year-old girl, who he had apparently been ‘grooming’ for sexual purposes for some time. However, unlike under the 10 year rule, under the 20 year route, a person does not have to be lawful in the UK to have continuous residence. False claim: Illegal immigrants and refugees receive £29,900 a year in benefits while UK pensioners get just £6,000 6.What is continuous residence for the purpose of the 20 year rule? When a decision was finally reached she was refused asylum. 10.How do I apply on the basis of the 20 years route? 20 Year Rule. So Pew's 2017 range is not at odds with the bigger … -The applicant must not fail on suitability grounds -The applicant must make a valid application -The applicant must have lived continuously in the UK for 20 years. Provided she continues to be lawfully present in the UK until then, she will be eligible to apply under the 10 year rule on 8 March 2020. It is strongly advisable to seek professional advice with regard to UK immigration law. Under the 20 year rule, a person does not have to have lived in the UK lawfully, but simply “continuously”. Is a 14 year old dating an 18 year old illegal? Time before and after imprisonment can be aggregated to make up the full amount of time. 1. One would also hope that an absence of more than six months due to Covid-19 would be considered “compelling and compassionate circumstances”. 10 years – before they can apply for settlement. Illegal immigrants of the above are all working and supporting themselves. It will usually have a condition of “, Seven year residence rule for children and families, Under paragraph 276ADE(1)(iv) of the Immigration Rules, a child who has lived in the UK for seven years might qualify for limited leave to remain, if he or she can show that it would not be “reasonable” for him or her to leave the UK. What kinds of residence qualify for the 20 year rule? However, applications can still be refused on the basis of too many absences from the UK during that time or on various public good grounds. Where there is credible evidence that an applicant cannot speak any language which is spoken in the country of return, this will not in itself be a very significant obstacle to integration unless they can also show that they would be unable to learn a language of that country, for example because of a mental or physical disability. Caseworkers are instructed to consider the reason for absences and whether the applicant returned to the UK as soon as they were able. The basis of the general grounds of refusal is set out in paragraphs 320 and 322 of the Immigration Rules. Certainly long absences for this reason can now be overlooked as part of a citizenship application, although at time of writing the Long Residence policy did not mention the issue, having not been updated since before the pandemic began. The 20-year rule on long residence is contained in paragraphs 276ADE(i) and (iii) of the Immigration Rules. diplomats) if that status is immediately followed by leave. Biden seeks Congressional legislation for 11 million immigrants in the US without legal status. The 20 year rule on long residence is contained at. This is because the applicant has not completed the required period of leave in the UK. There used to be a rule which allowed a person to qualify for indefinite leave to remain after 14 years of continuous residence in the UK, where the residence could be lawful, unlawful or a mixture of both. At Danielle Cohen Solicitors we have the expertise and experience to be able to assist you with making these applications. Use your own smartphone, pc/mac or tablet. He applies for a new student visa from the USA on 10 October 2014, which is granted, and returns to the UK on 31 October 2014. Example Contact your nearest Citizens Advice for help finding an adviser in your area. Nora’s appeal was eventually allowed after two years and she was recognised as a refugee. The idea of “integration” calls for a broad evaluative judgment to be made as to whether the individual will be enough of an insider in terms of understanding how life in the society in that other country is carried on and a capacity to participate in it, so as to have a reasonable opportunity to be accepted there, to be able to operate on a day-to-day basis in that society and to build up within a reasonable time a variety of human relationships to give substance to the individual’s private or family life. You can also call the Joint Council for the Welfare of Immigrants for help. The Courts will continue to operate throughout the four-week period of lockdown as usual, the... if there was a good reason beyond the applicant’s control for the period of overstay; or, if the application was made following a refusal of a previous application, and within 14 days of. The older the blog post on this site, the more likely it is that there have been legal developments since it was published. Had Robert left on 6 October, and applied for a new student visa after 1 November 2014, that is more than 28 days after the expiry of his leave of 4 October, then he would have broken the continuity of his residence, even if he returned on 31 October 2014, within six months. There is one exception to the requirement of having permission at the time of leaving and returning to the UK. On 30 November 2016, Ono’s student leave expired. What does “continuous” mean in long residence applications? In particular, the person is not allowed more than 18 months outside the UK in total, which is a period of 540 days. This has resulted in the so-called "hostile environment" that currently exists and has been such a big news story. He will be eligible to apply under the 20 year rule on 2 October 2025, 17 years and 11 months after 2 November 2007. This decline in removals is troubling. Illegal immigration - UK. It has since been suggested that to deport all of the irregular migrants from the UK would take 20 years and cost up to £12 billion. The earliest that someone can have an application granted under the 10 year rule is 28 days before completing the qualifying period of 10 years. Experienced lawyers check for mistakes & issues. Half of Patrick’s life is 10 years. This means that the continuity of his residence is not considered broken and he may in future apply for indefinite leave to remain relying on the 10-year lawful residence rule. 10 years) lawful residence. Please note that applications which are received more than 28 days before the applicant completes the required qualifying period for long residence must be refused. asylum seekers) or exemption from control (e.g. This is unusual but does sometimes occur. Although he applied after the expiry of his leave, the Home Office granted his application in accordance with paragraph 39E because it was submitted within 14 days of the expiry of his leave and the Home Office considered there was a good reason for the delay in his application. Is it possible to qualify under the 10 year rule even if there are gaps in lawful residence? Patrick has therefore lived in the UK for more than half his life in the UK, and can apply for leave to remain under this rule. Arrange a video chat at a time that suits you. Guidance on when discretion will normally be exercised is contained in the Registration as British citizen: children document and is as follows: You should normally waive excess absences if: You must not waive excess absences over 180 days in a single year or 990 days in the 10 year period where: Example Comments (0) Fri, 2002-04-12 10:58 AM. ALAMY. The UKBA, since the 9th July 2012, closed the 14-year rule and introduced a different provision for overstayers who have lived in the United Kingdom for 20 years. You need to apply for naturalisation as a British citizen before you can obtain a British passport. We are happy to help anyone who has achieved the lawful residence period under either the 10 or 20 year route. The definition of  “continuous residence” is almost the same as for the 10 year lawful residence route. On Friday 12th April 2002, The Home Secretary, David Blunkett, publisheda package of measures to crack down on illegal immigrants to the UK and on UKemployers who hire workers illegally. Emergency and was only released on 3 September 2014 but he did not obtain a British citizen you. 2002-04-12 10:58 AM is jailed for six years, ‘ continuous ’ residence refers residence! Sentencing will be disregarded ; only residence after 24th November 2016 almost the same as for the year. 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