long residence life

5/22/2018 Long residence Life

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Page 1 of 67 Guidance - Long residence and private lifev11.0 Valid from11 November 2013

Long residence and private life

This guidance is based on the Immigration Rules.


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Page 2 of 67 GuidanceLong residence and private lifeversion 11.0 Valid from 11 November 2013


About this guidanceKey facts

Entry and extensionrequirements

Indefinite leaverequirements

Granting or refusing

Dependants

Considering an

application in the privatelife route

This guidance tells you how to consider settlement and leave to remain (LTR) applicationsfrom people applying on the basis of long residence in the UK.

This guidance is based on the Immigration Rules. See related link for the Immigration Rules.

The rules on long residence recognise the ties a person may form with the UK over alengthy period of residence here.

Settlement can be granted under paragraphs 276A-276D of the Immigration Rules after aperiod of 10 years continuous lawful residence.

Before 9 July 2012 it was possible to grant long residence after a period of 14 yearscontinuous residence, but that provision was removed by changes to the Immigration Rules

on that date.

However, a person granted an extension of stay following an application made before 9 July2012 can still be considered under the rules in force before that date. This means a persongranted leave to remain on the basis of 14 years residence in the UK can still be granted ILRonce the requirements are met.

Paragraph 276ADE of the Rules provides for a person to be granted leave to remain on thegrounds of private life on the basis of long residence in the UK.

For guidance on people who were settled in the UK on or before 1 January 1973, see

related link: People who were settled in the UK on 1 January 1973.

Changes to this guidanceThis page tells you what has changed since the previousversion of this guidance.

ContactThis page tells you who to contact for help if your senior caseworker or linemanager cant answer you question.

In this section

Changes to thisguidance

Contact

Information owner

Related links

Links to staff intranetremoved

External links

Immigration Rules276A-276D
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part7/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part7/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part7/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part7/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part7/


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Information ownerThis page tells you about this version of the guidance and who owns it.

Safeguard and promote child welfareThis page explains your duty to safeguard andpromote the welfare of children and tells you where to find more information.


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Changes to this guidanceKey facts




Dependants

Considering an


This page lists changes to the long residence and private life guidance, with the most recentat the top.

Date of the change Details of the change

11 November 2013 Six month review by the modernised guidanceteam:

Minor housekeeping changes.

20 May 2013 Six month review by the modernised guidanceteam:

Minor housekeeping changes.

For previous changes to this guidance you willfind all earlier versions in the archive. Seerelated link: Long residenceArchive.

Related links

See also

Contact

Information owner



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Key facts

This page shows you the key facts for the 10 year long residence route.

Category: Long residence

Eligibility requirements Indefinite leaveThe applicant must meet the following requirements:

The applicant must have:o 10 years continuous lawful residence

There are no reasons why it would be against the publicinterest to grant leave, taking into account the applicants:o ageo strength of connections to the UKo personal history, including character, conduct,

associations and employment recordo

domestic circumstanceso compassionate circumstanceso any representations received on the persons behalf

The applicant must meet the knowledge of language andlife requirement.

The applicant must not fall for refusal under the generalgrounds for refusal.

Applicants must not be in breach of immigration laws,

e cept for an period of o ersta ing


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remain same conditions as their last grant of leave.

How long is limited leave toremain normally granted for?

Two years

Are dependants allowed? NoWork and study allowed? Yes

Switching into this categoryallowed?

Yes

Does this category lead tosettlement (indefinite leave toremain)?

Not applicable

Is knowledge of languageand life required? No for a grant of leave to remain and yes for a grant of ILR

CID case type Long Residency (10 Year) - ILRLong Residency (10 Year) - LTR

Immigration Rulesparagraphs

276A-276D


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Entry and extension requirements

Key facts

Entry and extension

requirements



Dependants

Considering an


This page tells you about the entry and extension requirements for the long residencecategory.

Before considering an application you must check:

the application is valid

the applicant's passport or travel document is genuine, and

there are no general grounds for refusal.

For more information, see related links:

Specified application forms and procedures

IDI - passports & travel documents

General grounds for refusal.

Entry requirementsThere is no provision in the long residence rules to grant indefinite leave to enter. Thismeans a person not previously granted leave to enter the UK, for example, because theywere on temporary admission, cannot qualify under the rules.

However, if they meet all the other requirements of rule 276B, discretion can be exercised togrant them six months code 1 outside the Immigration Rules, so they can make anapplication in the UK.

Extension requirementsBefore 2 April 2007 it was not possible to grant limited leave to remain on the basis of longresidence. On 2 April 2007, paragraph 276A1 and paragraph 276A2 were added to theImmigration Rules.

This allows long residence applicants to be granted an extension of limited leave to remain,if :

Related links

Early applications

10 years continuouslawful residence

See also


External links



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they have had at least 10 years lawful residence in the UK

there are no reasons why it would be undesirable for them to be given leave to remain,see related link: 10 years continuous lawful residence

they have not been in breach of the immigration laws, except for any period ofoverstaying:

o for 28 days or less which will be disregarded, oro if the application was submitted before 9 July 2012.

The extension of limited leave to remain is granted under paragraph 276A2 of the longresidence category of the Immigration Rules, and not as an extension of their previouscategory of limited leave to remain. This means an applicant must meet the rules for longresidence, and not the rules for their previous category.

You must only grant an extension of further leave on the basis of long residence if theapplicant meets all the criteria in paragraph 276B (i), (ii) and (v). You must not grant anapplicant an extension in order to complete the qualifying period of 10 years for longresidence, if they have not spent enough time in the UK to be granted indefinite leave. Formore information, see related link: Early applications.

For more information on the knowledge of language and life requirement, see related link:Knowledge of language and life in the UK.


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Indefinite leave requirements

Key facts

Entry and extension

requirements



Dependants

Considering an


This section tells you about the requirements applicants must meet to qualify for indefiniteleave to remain on the basis of long residence after 10 years continuous lawful residence inthe UK.

Before considering an application you must check:

the application is valid

the applicant's passport or travel document is genuine, and

there are no general grounds for refusal.

For more information, see related links:

Specified application forms and procedures

IDI - passports & travel documents General grounds for refusal.

Requirements for long residenceThe applicant must meet the fol lowing requirements to be granted indefinite leave:

The applicant must have at least 10 years lawful residence in the UK.

There must be no reason why granting leave is against the public good.

The applicant must meet the knowledge of language and life requirement.

The applicant must not fall for refusal under the general grounds for refusal.

The applicant must not be in the UK in breach of immigration laws except for anyperiod of overstaying:o for 28 days or less which will be disregarded, oro if the application was submitted before 9 July 2012.

For more information on overstaying, see related link: Applications from overstayers (nonfamily members).

In this section

10 years continuous

lawful residence

Consideration ofrelevant points

Related links


External links



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For more information on these requirements, see links in this section:

10 years continuous lawful residence

Consideration of relevant points.

For more information on the knowledge of language and life requirement, see related link:Knowledge of language and life in the UK.


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10 years continuous lawful residence

Key facts

Entry and extension

requirements



Dependants

Considering an


This section tells you how to decide whether an applicant has been continually lawfullyresident in the UK when considering long residence applications.

The applicant must meet the following requirements, to be granted indefinite leave:

The applicant must have at least 10 years lawful residence in the UK.

There is no reason why it would be undesirable to grant indefinite leave to remainbecause of public interest issues. To check you must take account of the applicantspersonal history, including:o charactero conducto associations and employment record,for more information, see related link:

Consideration of relevant points.

The applicant must meet the knowledge of language and life in the UK requirement.For more information, see related link.

The applicant must not fall for refusal under the general grounds for refusal, seerelated link.

The applicant must not be in the UK in breach of immigration laws except for anyperiod of overstaying:o for 28 days or less which will be disregarded, oro if the application was submitted before 9 July 2012.

For more information on overstaying, see related link: Applications from overstayers (nonfamily members)

Once an applicant has built up a period of 10 years continuous lawful residence, there is nolimit on the length of time afterwards when they can apply. This means they could leave theUK, re-enter and apply for settlement based on a 10 year period of continuous lawfulresidence they built up in the past.

Time the applicant has spent in the UK with 3C leave also counts towards lawful residence.

In this section

Breaks in continuous

residence

Early applications

Examples of continuousresidence

Breaks in lawfulresidence

Out of time applications

Treatment of temporaryadmission

Time awaiting adecision on anapplication or appeal

Time spent in the UKwith a right to reside

under EEA regulations

Time spent in UK whileexempt fromimmigration control

Examples of continuous


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For more information, see related link: Time awaiting a decision on an application or anappeal.

Definition of continuous lawful residenceLawful residence is defined in paragraph 276A of the Immigration Rules as a period ofcontinuous residence in which the applicant had one of the following:

existing leave to enter or remain

temporary admission within section 11 of the 1971 Immigration Act where leave toenter or remain is subsequently granted

an exemption from immigration control, including where an exemption ceases to applyif it is immediately followed by a grant of leave to enter or remain.

Residence in the UKThe UK consists of Great Britain and Northern Ireland. Time spent in the Republic of Ireland,Channel Islands or the Isle of Man does not count as residence in the UK for the purposesof long residence even though they form part of the common travel area.

For more information on continuous lawful residence, see links in this section:

Breaks in continuous residence

Early applications

Examples of continuous residence

Breaks in lawful residence


Treatment of temporary admission

Time awaiting a decision on an application or appeal

Time spent in the UK with a right to reside under EEA regulations Time spent in UK while exempt from immigration control

Examples of continuous lawful residence.

lawful residence

Related linksConsideration ofrelevant points


External links



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Breaks in continuous residenceKey facts

Entry and extension

requirements



Dependants

Considering an


This page tells you when continuous residence is considered to have been broken for thepurpose of long residence applications.

Events that break continuous residenceContinuous residence is considered to be broken if the applicant has:

been absent from the UK for a period of more than 180 days at any one time, or isabsent from the UK for a shorter period but does not have valid leave to enter the UKon their return, or valid leave to remain on their departure from the UK

spent a total of 540 days outside the UK throughout the whole 10 year period.

Time spent outside the UKContinuous residence is not considered broken if the applicant:

is absent from the UK for 180 days or less at any one time, and

had existing leave to enter or remain when they left and when they returnedthis caninclude leave gained at port when returning to the UK as a non visa national, seerelated link: Information for non-visa nationals.

If the applicant had existing leave to enter or remain when they left and returned to the UK,the existing leave does not have to be in the same category on departure and return. Forexample, an applicant can leave the UK as a Tier 4 (General) student and return with leaveas a spouse of a settled person. Continuous residence is not broken as the applicant hadvalid leave both when they left and returned to the UK.

If an applicant was in the UK with a right to reside under European Economic Area (EEA)regulations when they left the UK and was re-admitted under the EEA regulations,continuous residence is not broken.

Time spent in prisonContinuous residence is broken if an applicant receives a custodial sentence by a court of

In this section

Early applications




Treatment of temporary

admission


Time spent in the UKwith a right to resideunder EEA regulations

Time spent in UK while

exempt fromimmigration control

Examples of continuouslawful residence

External links


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law and is sent to:

prison

a young offenders institution, or

a secure hospital.

Any time the applicant spends in one of the above establishments does not count ascontinuous leave for the purposes of meeting 276A and 276D of the Immigration Rules. Anyleave accumulated before sentencing will be disregarded and only residence after releasefrom custody will be counted as continuous residence.

Continuous residence is not broken if an applicant receives a suspended sentence from acourt of law.

Calculating absence from the UKYou must check carefully:

information on the application form any UK exit and entry stamps in the passports

the landing cards section on warehouse to confirm when the applicant entered the UK.

You must be satisfied there is enough evidence to show the applicant has been in the UKcontinuously for 10 years required under the rules.


Information for non-visanationals
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part7/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part7/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part7/http://www.ukba.homeoffice.gov.uk/visas-immigration/general-info/non-visa-nationalshttp://www.ukba.homeoffice.gov.uk/visas-immigration/general-info/non-visa-nationalshttp://www.ukba.homeoffice.gov.uk/visas-immigration/general-info/non-visa-nationalshttp://www.ukba.homeoffice.gov.uk/visas-immigration/general-info/non-visa-nationalshttp://www.ukba.homeoffice.gov.uk/visas-immigration/general-info/non-visa-nationalshttp://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part7/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part7/


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Early applicationsKey facts

Entry and extension

requirements



Dependants

Considering an


This page tells you what you must do if you receive an application for indefinite leave on thebasis of long residence before an applicant has completed their period of 10 qualifyingleave.

You must consider all valid applications, even if the applicant has not yet completed thenecessary qualifying period for indefinite leave. The long residence rule requires applicantsto have at least 10 years continuous residence in the UK before they can qualify forindefinite leave.

Applications received more than 28 days before the required qualifying period iscompletedYou must refuse applications received more than 28 days before the applicant completesthe required qualifying period for long residence. This is because the applicant has not

completed the required period of leave in the UK.

You must fully consider the case and mention any other reasons for refusal in addition to theapplicant not spending enough time in the UK to complete the qualifying period. Forexample, all breaks in continuous residence.

Applicants who are refused under the long residence rules due to them submitting theirapplication too early can re-apply once they have completed their qualifying leave or up to28 days before this.

Applications received 28 days or less before the required qualifying period is

completedYou can grant if an application if it is received 28 days or less before the applicantcompletes the required qualifying period, provided they meet all the other rules for longresidence.

In this sectionBreaks in continuousresidence

Examples of continuousresidenceBreaks in lawfulresidenceOut of time applicationsTreatment of temporaryadmissionTime awaiting adecision on anapplication or appeal




External linksImmigration Rules276A-276D


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Examples of continuous residenceKey facts




Dependants

Considering anapplication in the privatelife route

This page gives you examples of when you must grant or refuse a long residenceapplication when considering the continuous residence requirement.

Example 1

A person enters the UK on 1 September 2004 with entry clearance as a student whichis valid until 31 October 2005.

On 5 November 2005, after their previous leave expired, the person leaves the UK.

On 5 January 2006 the person re-enters the UK with valid entry clearance as astudent.

Question Has continuous residence been broken?

Answer Yes. The person did not have valid leave on the date of their departure, socontinuous residence has been broken.

Example 2

A person enters the UK on 1 September 2004 with entry clearance as a student whichis valid until 31 October 2005.

On 25 October 2005, before the previous leave expired, the person departs the UK.

On 5 January 2006 the person re-enters the UK with valid entry clearance as astudent.

Question Has continuous residence been broken?

Answer No. The person had valid leave on the date of their departure and on the dateof their return to the UK, and the time spent outside the UK was less than sixmonths. Continuous residence has been maintained, even though the personentered the UK with a fresh grant of leave.

In this sectionBreaks in continuousresidenceEarly applicationsBreaks in lawfulresidenceOut of time applicationsTreatment of temporaryadmissionTime awaiting adecision on anapplication or appeal

Time spent in the UKwith a right to resideunder EEA regulationsTime spent in UK whileexempt fromimmigration controlExamples of continuouslawful residence

External linksImmigration Rules

276A-276D


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Breaks in lawful residenceKey facts

Entry and extension

requirements



Dependants

Considering an


This page tells you about circumstances that break lawful residence for long residenceapplications and when you can use discretion for short breaks in lawful residence.

Time spent outside the UKContinuous lawful residence is not broken if the applicant has a gap of leave outside the UKof six months or less. For example, applicants who leave the UK before their valid leaveexpires and obtain fresh entry clearance and re-enter the UK do not break continuous lawfulresidence, providing the absence from the UK is less than six months. See example 1below.

Continuous lawful residence is broken if the applicant:

has a gap of leave of more than six months, or

departs the UK after their valid leave has expired.

Discretion for breaks in lawful residenceYou must always discuss the use of discretion with a senior caseworker. You must besatisfied the applicant has acted lawfully throughout the whole 10 year period and has madeevery effort to obey the Immigration Rules. The decision to exercise discretion must not betaken without consent from a senior executive officer (SEO) or equivalent.

Gap(s) in lawful residenceYou may grant the application if an applicant:

has short gaps in lawful residence through making previous applications out of time byno more than 28 calendar das, and

meets all the other requirements for lawful residence.

You can use your judgement and use discretion in cases where there may be exceptionalreasons why a single application was made more than 28 days out of time. For example,exceptional reasons can be used for cases where there is:

In this section


residence

Early applications



Treatment of temporary

admission






External links


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a postal strike

hospitalisation, or

an administrative error made by the Home Office.

Examples of gaps in lawful residence

The examples below show some instances when it may or may not be appropriate to grantthe application. This is not a complete list and you must judge each application on theinformation it contains and discuss this with a senior caseworker.

Example 1An applicant has a single gap in their lawful residence due to submitting an applicationseventeen days out of time. All other applications have been submitted in time, throughoutthe 10 years period.

Question Would you grant the application in this case?

Answer Grant the application as the rules allow for a period of overstaying of 28

days or less.

Example 2An applicant has three gaps in their lawful residence due to submitting three separateapplications out of time. These were 9, seventeen and twenty four days out of time.

Question Would you grant the application in this case?

Answer Yes. Grant the application as the rules allow for a periods ofoverstaying of 28 days or less.

Example 3An applicant has a single gap in their lawful residence due to submitting an application 34days out of time. The applicant has provided a letter from their consultant stating they werehospitalised during this period.

Question Would you be right to use discretion in this case?

Answer Yes. Even though the application was more than 28 days out of time,



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the applicant has proved there were exceptional reasons for the lateapplication and has tried to maintain lawful residence throughout therest of the 10 year period. You must confirm this with your seniorexecutive office (SEO) senior caseworker.


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Out of time applicationsKey facts

Entry and extension

requirements



Dependants


This page tells you about out-of-time applications submitted for 10 years long residenceapplications.

The Immigration Rules were amended with effect from 1 October 2012. The changes affectapplications which were made on or after 9 July 2012 and are decided on or after 1 October2012.

If the continuous residence period includes periods of overstaying before further leave beinggranted before 1 October 2012, you may disregard these periods for indefinite leave toremain (ILR) provided the period does not exceed 28 days.

For applications made before 9 July 2012 there is no requirement for applications forindefinite leave to remain (ILR) to be made in-timeunder the 10 years long residence rules.

For applications made on or after 9 July 2012 an applicant applying for an extension of stayor indefinite leave to remain (ILR) on the basis of long residence must not be in breach ofthe Immigration Rules. However, for the purposes of the application a period of overstayingof 28 days or less on the date of application will be disregarded.

Out of time applications made before 9 July 2012Out of time applications can qualify for a grant of ILR, providing the applicant has:

previously built up an unbroken 10 year period of continuous lawful residence in theUK before their leave expired, and

meets all the other criteria of the 10 year long residence rules.

If the applicant does not meet the above conditions, you must refuse their application.

Out of time applications made on or after 9 July 2012Applicants for an extension of stay or ILR must not have overstayed by more than 28 dayson the date of application. The 28 day period of overstaying is calculated from the latest of

In this section


residence

Early applications









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the:

end of the last period of leave to enter or remain granted

end of any extension of leave under sections 3C or 3D of the Immigration Act 1971, or

the point that a migrant is deemed to have received a written notice of invalidity, in linewith paragraph 34C or 34CA of the Immigration Rules, in relation to an in-time

application for further leave to remain.

When refusing an application on the grounds it was made by an applicant who hasoverstayed by more than 28 days, you must consider any evidence of exceptionalcircumstances which prevented the applicant from applying within the first 28 days ofoverstaying.

The threshold for what constitutes exceptional circumstances is high, but could includedelays resulting from unexpected or unforeseeable causes. For example:

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.

Inability to provide necessary documents. This would only apply in exceptional orunavoidable circumstances beyond the applicants control. For example:o it is the fault of the Home Office because it lost or delayed returning travel

documents, oro there is a delay because the applicant cannot replace their documents quickly

because of theft, fire or flood. The applicant must send evidence of the date of lossand the date replacement documents were sought.

Any decision to exercise discretion and not refuse the application on these grounds must beauthorised by a senior caseworker at senior executive officer (SEO) grade or above. Whengranting leave in these circumstances, the applicant must be granted leave outside the rulesfor the same duration and conditions that would have applied had they been granted leaveunder the rules.

External links



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Treatment of temporary admissionKey facts

Entry and extension

requirements



Dependants


This page tells you when temporary admission counts as lawful residence for 10 year longresidence applications.

Temporary admission only qualifies as lawful residence if leave to enter or leave to remain islater granted. For example, if an applicant is granted leave following a period of temporaryadmission, the time on temporary admission counts as lawful residence.

For an example of when temporary admission counts as lawful residence, see example 4 inrelated link: Examples of continuous lawful residence.

For more information on temporary admission, see related link: 2.0 - Temporary Admission.

In this section


residence

Early applications









Related links


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External links



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Time awaiting a decision on an application or appealKey facts

Entry and extension

requirements



Dependants


This page tells you when time spent in the UK awaiting a decision on an application or anappeal counts as lawful residence for long residence applications.

Sections 3C and 3D of the Immigration Act 1971 both extend a person's leave in certaincircumstances.

To prevent applicants from becoming overstayers through no fault of their own, section 11 ofthe Nationality, Immigration and Asylum Act 2002 introduced an amended Section 3C intothe Immigration Act 1971.

Section 3C extends leave when a person with leave to enter or remain makes an in-timeapplication. That is one made before their leave expires, but one in which their leave expiresbefore a decision on that application is reached. If a person has 3C leave, and theirapplication is refused, 3C leave continues until their appeal rights are exhausted. Section 3Conly applies to in-time applications.

If a person submits an out-of-time application, they will have a gap in continuous lawfulresidence, from the date their leave expired until the date they are next granted leave,regardless of how long it takes for the decision to be made. For an example of this, seeexample 5 in related link: Examples of continuous lawful residence.

To prevent people becoming overstayers while exercising a right of appeal against adecision to curtail or revoke leave to enter or remain, section 11 of the Immigration, Asylumand Nationality Act 2006 added section 3D to the Immigration Act 1971. When leave to enter

or remain is curtailed or revoked, Section 3D extends it while an appeal is brought, while it ispending, and continues until appeal rights are exhausted.

Both 3C and 3D leave count as existing leave to enter or remain in the UK, and therefore aslawful residence for the purpose of the 10 year long residence rule.

A person cannot make a fresh application for leave while they have 3C or 3D leave pending

In this section


residence

Early applications






Time spent in UK whileexempt from

immigration control


Related links


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the outcome of a decision on their outstanding application. This means that someone whoreaches the 10 year threshold during this leave cannot apply for indefinite leave. This couldoccur in the following two situations:

The applicant completes 10 years continuous lawful residence while awaiting adecision on an application for further leave

If the application that has generated the 3C leave has not yet been decided, the applicantcan vary the grounds of that application to include a request for leave on the basis of longresidence. If a long residence application would attract a higher fee than the initialapplication, the applicant must pay the balance before the varied application can beconsidered. For more information, see related links:

05.0 - Section 3C of the Immigration Act 1971 (As Amended)

Specified application forms.

The applicant completes 10 years continuous lawful residence while awaiting adecision of an appeal

A person may complete 10 years continuous lawful residence whilst they are awaiting theoutcome of an appeal and submit an application on this basis. Under sections 3C and 3D, itis not possible to submit a new application while an appeal is outstanding. However, theapplicant can submit further grounds to be considered at appeal.

If the applicant has an outstanding appeal against a decision to refuse leave to remain orindefinite leave to remain, and submits an application for long residence, you must void thecase and refund the fee. You must create a file or sub-file and mark it PRIORITY. You mustsend the file or sub-file to the presenting officers unit (POU) dealing with the appeal. Youmust send a letter to the applicant or their representative informing them their applicationhas been linked with their outstanding appeal. You must use Doc Gen letter ICD.3207 forthis purpose.

If the appeal is against a decision to curtail or revoke, and the immigration decision wasmade on or after 31 August 2006, you must follow the same process but you must use DocGen letter ICD.3258.


External links

Immigration Rules

276A-276D

Immigration Act 1971

Immigration, Asylumand Nationality Act 2006
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part7/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part7/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part7/http://www.legislation.gov.uk/ukpga/1971/77/contentshttp://www.legislation.gov.uk/ukpga/1971/77/contentshttp://www.legislation.gov.uk/ukpga/2006/13/section/11http://www.legislation.gov.uk/ukpga/2006/13/section/11http://www.legislation.gov.uk/ukpga/2006/13/section/11http://www.legislation.gov.uk/ukpga/2006/13/section/11http://www.legislation.gov.uk/ukpga/2006/13/section/11http://www.legislation.gov.uk/ukpga/1971/77/contentshttp://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part7/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part7/


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Extended leave under previous legislationYou must be aware of legislation that was in force for extending leave before sections 3Cand 3D were amended. If the applicant lodged an appeal against a decision to refuse orcurtail leave prior to 3C and 3D being amended, their leave may have expired before theirappeal was heard. This means applicants who had appeals allowed before Sections 3C and3D were amended may have breaks in their continuous lawful residence while their appeals

are pending.

Before 2 October 2000, people who made in time applications had their leave to remainextended by the Variation Of Leave Order (VOLO). VOLO extended existing leave until adecision was made on an application, and also extended leave by 28 days from the date theapplication was refused or withdrawn. Leave was not extended further while an appeal waspending.

Section 3D was introduced on 31 August 2006. Prior to this, it was possible for a person tosubmit a fresh application while an appeal against curtailment or revocation of leave waspending. Before 31 August 2006, an applicant's leave was not extended whilst their appeal

against curtailment or revocation was outstanding, but existing leave would not beconsidered to have been cancelled until the date that appeal rights had been exhausted.

For further information on 3C and 3D leave, see related link: 05.0 - Section 3C of theImmigration Act 1971 (As Amended).


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Time spent in UK with a right to reside under EEA regulationsKey facts

Entry and extension

requirements



Dependants


This page tells you how to consider a long residence application when a person has spenttime in the UK with a right to reside under the European Economic Area (EEA) regulations.

Time spent in the UK does not count as lawful residence under paragraph 276A of theImmigration Rules for:

third country nationals who have spent time in the UK as:o the spouse, civil partner or other family member of an European Union (EU), oro an EEA national exercising their treaty rights to live in the UK but have not qualified

for permanent residence

former family members who have retained a right of residence.

During the time spent in the UK under the provisions of the EEA regulations, the individualsare not subject to immigration control, and would not be required to have leave to enter orleave to remain. For more information, see related link: 05 Residence card applications.

However, you must apply discretion and count time spent in the UK as lawful residence forfamily members of EU or EEA nationals exercising their treaty rights to reside in the UK, ifthey meet all the other requirements for long residence.

This does not affect the rights of family members of EEA nationals to permanent residencein the UK, where they qualify for it under Regulation 15 of the Immigration (EuropeanEconomic Area) Regulations 2006. For more information, see related link: Immigration(European Economic Area) Regulations 2006Regulation 15.

In this section


residence

Early applications






Time spent in UK whileexempt from

immigration control


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External links

Immigration Rules

276A-276D

Immigration (EuropeanEconomic Area)Regulations 2006Regulation 15
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part7/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part7/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part7/http://www.legislation.gov.uk/uksi/2006/1003/regulation/15/madehttp://www.legislation.gov.uk/uksi/2006/1003/regulation/15/madehttp://www.legislation.gov.uk/uksi/2006/1003/regulation/15/madehttp://www.legislation.gov.uk/uksi/2006/1003/regulation/15/madehttp://www.legislation.gov.uk/uksi/2006/1003/regulation/15/madehttp://www.legislation.gov.uk/uksi/2006/1003/regulation/15/madehttp://www.legislation.gov.uk/uksi/2006/1003/regulation/15/madehttp://www.legislation.gov.uk/uksi/2006/1003/regulation/15/madehttp://www.legislation.gov.uk/uksi/2006/1003/regulation/15/madehttp://www.legislation.gov.uk/uksi/2006/1003/regulation/15/madehttp://www.legislation.gov.uk/uksi/2006/1003/regulation/15/madehttp://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part7/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part7/


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Time spent in UK while exempt from immigration controlKey facts

Entry and extension

requirements



Dependants


This page tells you when time spent in the UK counts as lawful residence for 10 year longresidence applications for applicants who are exempt from immigration control.

Time spent in the UK exempt from immigration control must be counted as lawful residence.People exempt from immigration control include diplomats and members of the armedforces.

Deemed leaveDeemed leave is the 90 days a person is given once their exemption period fromimmigration control ends. By the end of the 90 days, the person must either

submit an application for leave, or

depart the UK.

A person on deemed leave does not receive an endorsement on their passport.

If a person submits an application to extend their stay in the UK within 90 days of theirexemption ending, and is later granted a period of leave, their continuous lawful residence isnot broken.

If a person remains in the UK, and does not submit an application for further leave after the90 days deemed leave, their continuous lawful residence is broken.

For an example of time spent in the UK while exempt from immigration control counting as

lawful continuous residence, see example 5 in related link: Examples of continuous lawfulresidence.

Effect on continuous residenceContinuous residence is not broken if a person:

leaves and then returns to the UK during a period of exemption, and

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continues to meet all other requirements of long residence, set out in paragraph276A(a) of the Immigration Rules.

If a person leaves the UK following the end of their exemption and during their period ofdeemed leave, continuous residence is not broken, even if they return to the UK after their90 days deemed leaved has expired. This is providing they meet all the other long residence

requirements in paragraph 276A(a) of the Immigration Rules.

Continuous residence is not broken if a person is granted a short period of leave at the endof their exemption and leaves the UK providing they:

return to the UK with a fresh grant of leave, and

meet all the other requirements of long residence in paragraph 276A(a) of theImmigration Rules.

For more information on the long residence requirements, see related link: ImmigrationRules 276A-276D.

If a person applies for leave while they are still exempt, you must inform them theirapplication will be considered once their exemption ends.

For more information on exemptions, see related link:IDIpersons exempt from control.


External links

Immigration Rules

276A-276D


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Examples of continuous lawful residenceKey facts

Entry and extension

requirements



Dependants


This page gives you examples of when it is appropriate to grant or refuse a long residenceapplication when considering lawful residence.

The examples below are not a complete list. You must consider each application on theinformation it contains, and discuss this with a senior caseworker if necessary.

Example 1A person has leave in the UK that expires on 15 September 2008. The person departs theUK before their leave expired on 10 September 2008. Whilst the person is abroad, theyobtain fresh entry clearance and re-enter on the 30 October 2008.

Question Has continuous lawful residence been broken?Answer No, the person was abroad while they had a gap in leave, so they have not

broken their continuous lawful residence.

If the person had departed the UK after their leave expired, they would havespent time in the UK without lawful leave, and continuous lawful residencewould be broken.

Example 2A person enters the UK on 31 March 2002 and is granted leave to enter. The person is thengranted a number of extensions, all of which are in-time applications. The last period ofleave the person was granted expired on 31 March 2012. The person applies for indefiniteleave to remain (ILR), on the basis of 10 years continuous lawful residence in the UK, after

their leave expired on 30 April 2012

Question Does the person meet the lawful residence requirement?

Answer Yes, the person built up 10 years continuous lawful residence before theirleave expired and the application for long residence was made before the 1October 2012, therefore there is no requirement for the application to be in-time. Had the application been made on after the 1 October 2012 the

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application would be refused as it would not meet the requirement to be in-time except for overstaying for 28 days or less which will be disregarded, seerelated link: Out of time applications.

Example 3A person has leave to enter as a student, valid until 31 July 2011. The person submits an

out of time application for leave to remain on 15 September 2011. The person is grantedleave as a student on 15 October 2011

Question Is there a break in their lawful residence under the 10 years long residencerules?

Answer Yes, the person submitted an out of time application. The person has a breakin their continuous lawful residence, from the date their leave expired on 31July 2011, until the date they were granted leave as a student on 15 October2011.

Example 4

A person applies for leave to enter at port on 31 January 1995, and is granted temporaryadmission. The person remains on temporary admission until 27 June 2003, when they aregranted four years leave to enter until June 2007. On 1 February 2005, the person appliesfor indefinite leave under the 10 years rule.

Question Has the person completed 10 years continuous lawful residence in the UK?

Answer Yes, as the person was granted leave in 2003 following a period of temporaryadmission, their time on temporary admission between 1995 and 2003 countsas lawful residence, and the person has been here lawfully for 10 years.

Example 5A person working as a diplomat who was exempt from control ends their employment andceases to be exempt from immigration control on 31 December 2006. The person submitsan application for leave to remain on 1 February 2007, and is granted leave until 30 May2009.

Question Has the person broken their continuous lawful residence?

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Answer No, the person has deemed leave until 31 March 2007 and submitted theirapplication before the deemed leave expired. This means that the person hadcontinuous lawful residence during this period.


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Consideration of relevant points

Key facts

Entry and extension

requirements



Dependants

Considering anapplication in the private

life route

This section explains factors you must consider before granting indefinite leave to remain forlong residence applications.

On most occasions, a person who meets the requirements for continuous residence shouldbe granted indefinite leave to remain. This is unless a grant is against the public interest.

If an applicant has the required amount of continuous residence, they do not automaticallyqualify for settlement, but can only be considered for a grant of further leave under the longresidence rules.

Under paragraphs 276B(ii), 276B (iii), 276B (iv) and 276B (v) of the Immigration Rules youmust consider the following points before granting indefinite leave in all cases:

276B (ii)

age strength of connections in the UK

personal history, including character, conduct, associations and employment record

domestic circumstances

compassionate circumstances

any representations on the persons behalf.

For more information on each of these points, see in this section links.

276B (iii)

The applicant does not fall for refusal under the general grounds for refusal, see related link:General grounds for refusal.

276B (iv)The applicant has sufficient knowledge of the English language and sufficient knowledgeabout life in the UK, unless they are under the age of 18 or aged over 65 at the time theymakes their application. For more information, see related link: Knowledge of language and

In this section

Age

Strength of connectionsin the UK

Personal history

Domestic circumstances

Compassionatecircumstances

Representationsreceived on a personsbehalf

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life in the UK.

276B (v)From 1 October 2012 the applicant must not be in breach of the immigration laws, except forany period of overstaying for a period for 28 days or less will be disregarded. See relatedlink: Out of time applications.

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The information in this page has been removed as it is restricted for internal Home Officeuse only.

Restrictednot for disclosureend of section

You must assess the factors in paragraph 276B (ii) to decide whether a grant of indefiniteleave would be against the public interest. You must look at reasons for and against grantingindefinite leave using the factors listed and, where necessary, weigh up whether a grant of

indefinite leave would be in the public interest.

If the applicant has not completed the necessary period of residence, they will not be able tosatisfy the rules for long residence, regardless of any of the factors listed above. However,even if an applicant has not completed the required period of residence and therefore fallsfor refusal, you must also consider any reasons why the applicant may fall for refusal under


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paragraph 276B(ii), and include these reasons in your refusal notice.

Some factors would suggest that it would be appropriate to refuse leave. You must weighthose factors against the compassionate circumstances, if any and all the othercircumstances, such as strength of connections to the UK, domestic circumstances of thecase, and then decide whether a grant of indefinite leave would be against the publicinterest.

It is important that you take into account all of the circumstances of the case before youdecide whether a grant of indefinite leave would be in the public interest.

You must not refuse leave to someone who has been in the UK for the required periodwithout consulting a senior caseworker. You must also consult guidance on refusing anapplication on general grounds if refusing under paragraph 276B(ii). For more information,see related link: General grounds for refusal.


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AgeKey facts

Entry and extension

requirements



Dependants


life route

This page tells you when a persons age may be a relevant factor when you are consideringa long residence application.

You must take an applicant's age into consideration in cases when you are consideringrefusing on other relevant points under paragraph 276B(ii). You must consider whether anapplicant's age would weigh against refusal.

Age may be a relevant factor if the applicant is an unaccompanied child under the age of 18,or if the applicant or their dependants have spent their formative years in the UK andadapted to life here.

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Strength of connections in the UKKey facts

Entry and extension

requirements



Dependants


life route

This page tells you when a persons connections to the UK may be a relevant factor whenyou are considering a long residence application.

The family life a person has in the UK must be taken into account in assessing the strengthof their connections to the UK. This may be particularly strong if they are married to or haveestablished a similar relationship with a settled person. The person may have other closerelatives settled in the UK. The strength and closeness of the relationship will determine howstrong a factor this may be. Similarly, if a person's close relatives are not in the UK, this maycall into question the strength of the person's connection to the UK.

Owning property or a business may support the view that an applicant has shown long termcommitment and a connection to the UK. However, on its own, this would not be asignificant factor. Factors such as the length of time the individual has owned the businessor property, or whether the business is legally operating must be considered. If someone

mentions their business interests as proof of commitment to the UK, they must providesupporting documentary evidence. The applicant will be required to show further proof ofstrong connections to the UK.

If the applicant has contributed positively to society, for example through significantinvestment or charitable work, this may be another factor in their favour, although this isunlikely to be decisive on its own.

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Personal historyKey facts

Entry and extension

requirements



Dependants


life route

This page tells you when a persons personal history may be a relevant factor when you areconsidering a long residence application.

Character, conduct and associations go beyond criminal convictions and allows you toconsider whether the applicant's activities in the UK or abroad makes it undesirable for youto grant indefinite leave.

This could include concerns about the applicant on the basis of:

national security

war crimes

crimes against humanity

serious criminality, whether convicted or not, or

other activities that make the applicants presence in the UK not conducive to thepublic good.

Applicants who do not satisfy the general grounds within the Immigration Rules now facerefusal under the rules for settlement. See related link: General grounds for refusal.

Applications for settlement on the basis of long residence must be refused if:

the requirements set out in paragraph 276B are not met

276B (ii) includes non conducive to the public good, and

276B (iii) includes any reason within the general grounds for refusal.

Restricteddo not disclosestart of section


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Restricteddo not discloseend of section

A history of anti-social behaviour or low level criminality might be grounds to refuse indefinite

leave, especially if it has led to the issue of an anti social behaviour order (ASBO).

The applicant's employment record will often be a significant consideration. You mustconsider what the person has been doing while they have been in the UK, and whateconomic contribution, if any, they have made. Whilst not having a sound employmentrecord is not in itself a reason to refuse leave, this along with strong ties with the UK wouldcount in a person's favour, if they have not been a burden on public finances but have, infact, contributed through income tax and national insurance contributions.

An applicant's conduct includes their immigration history. This will not be relevant in mostcases brought under the 10 year rule, because the requirement that residence must belawful implies that the applicant is not an immigration offender.


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Domestic circumstancesKey facts

Entry and extension

requirements



Dependants


life route

This page tells you when a persons domestic circumstances may be a relevant factor whenyou are considering a long residence application.

If the applicant has dependent children who have adapted to life in the UK, this could be afactor against refusal on paragraph 276B(ii). If this is so, and you intend to refuse the case,you must consider the Home Offices duty to safeguard and promote child welfare. For moreinformation, see related link: Safeguard and promote child welfare.

The presence of another settled person who is routinely dependant on the applicant, forexample a disabled relative, could also be a factor against refusal.

In this section

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relevant points

Age


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Compassionate circumstancesKey facts

Entry and extension

requirements



Dependants


life route

This page tells you when compassionate circumstances may be a relevant factor when youare considering a long residence application.

It is not possible to define all potential compassionate circumstances, but it might,depending on the circumstances, include:

significant or serious illness

frailty, or

particularly difficult family circumstances.

Compassionate circumstances are most likely to be relevant if the applicant has been herefor long enough to qualify for indefinite leave, but there are other factors, such as criminalconvictions or a bad immigration history, that suggests a grant of indefinite leave might notbe appropriate.

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Consideration of

relevant points

Age


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Representations received on a persons behalfKey facts

Entry and extension

requirements



Dependants


life route

This page tells you when representations received on the person's behalf may be a relevantfactor when you are considering a long residence application.

All representations raised on behalf of the applicant must be carefully assessed, even ifthese have been dismissed in previous applications. You must weigh those factors againstthe compassionate circumstances, if any, and all the other circumstances of the case, andthen decide whether a grant of indefinite leave would be against the public interest.

In this section

Consideration of

relevant points

Age


Personal history



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Granting or refusingKey facts

Entry and extension

requirements



Dependants


life route

This section tells you how to grant or refuse long residence applications.

For more information, see links in this section:

Grant or refuse and extension of stay in the UK

Grant or refuse indefinite leave.

In this section

Grant or refuse and

extension of stay in theUK

Grant or refuseindefinite leave

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Grant or refuse an extension of stay in the UKKey facts

Entry and extension

requirements



Dependants


life route

This page tells you how to grant or refuse long residence applications for an extension ofleave in the UK.

Granting an extensionYou must grant the applicant leave to remain on the basis of long residence if the applicantmeets all of the requirements of paragraph 276A2 of the Immigration Rules.

This includes applicants who have applied for indefinite leave to remain but they are unableto meet 276B (iii) and/or (iv) which says that the applicant:

does not fall for refusal under the general grounds for refusal has sufficient knowledge of the English language, and about life in the UK

unless they are under the age of 18 or aged 65 or over at the time they make their

application.For more information see related links:

Entry and extension requirements

Immigration Rules 276A-276D


If the applicant has less than 20 years residence in the UK, you must grant two years leaveto remain on the same condition code they had in their previous grant of leave. This is even

if the applicant would not qualify for further leave in that category, were they to applyseparately for it or if that category no longer exists.

If the applicant has more than 20 years residence in the UK the grant of leave must notcontain any restriction on employment.

The extension of leave to remain is granted under paragraph 276A2 of the long residence

In this section

Grant or refuse

indefinite leave

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category of the Immigration Rules, and not as an extension of their previous category ofleave to remain. Applicants must therefore meet the leave to remain rules for long residenceand not the leave to remain rules for their previous category.

If an applicant was granted an extension of stay on an application made before 9 July 2012they will remain subject to the rules that were in force on 8 July 2012. This means anapplicant granted leave following 14 years long residence can be granted further leave orindefinite leave to remain (ILR) on that basis, even though that provision no longer exists.

If you grant leave to remain in this category you must use the following statistical category:

X3 OtherExtn other reasons.Refusing an extensionYou must refuse the application if the applicant:

does not meet the requirements of paragraph 276A1 of the Immigration Rules, and/or

general grounds for refusal apply.


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Grant or refuse indefinite leaveKey facts

Entry and extension

requirements



Dependants


life route

This page tells you how to grant or refuse applications for indefinite leave on the basis oflong residence.

Granting indefinite leaveYou must grant the applicant indefinite leave on the basis of long residence if:

the applicant meets all of the requirements of paragraph 276B of the ImmigrationRules, and

none of the general grounds for refusal apply.

For more information see related links:

Indefinite leave requirements

Immigration Rules 276A-276D


If you grant indefinite leave to remain in this category you must use the following statisticalcategory:

6AA Long residency - Sett 10 LRC.

Refusing indefinite leaveYou should normally refuse indefinite leave if:

the applicant does not meet the requirements of paragraph 276B, and/or any of the general grounds for refusal apply.

As applicants in this category will have spent a number of years in the UK, there may behuman rights grounds to consider if the applicant does not satisfy the long residencerequirements. If these are raised specifically by the applicant you must consider the

In this section

Indefinite leave refusal

wording

Related links

Grant or refuse andextension of stay in theUK


See also


External links


Appendix FM of theImmigration Rules
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part7/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part7/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part7/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/app-family-members/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/app-family-members/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/app-family-members/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/app-family-members/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/app-family-members/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part7/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part7/


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following provisions:

Appendix FM, Paragraph EX.1. for claims on the basis of family life (see related link:Appendix FM of the Immigration Rules)

Paragraph 276ADE for claims on the basis of private life (see link on left: Consideringan application in the private life route).

For examples of refusal wording, see link in this section: Indefinite leave refusal wording.

If you refuse the application, you must use the appropriate statistical code from thefollowing:

Long Residence - Refused Sett - KO

long residence life

Documents

guidance long residence

long residence life

basis of long residence

guidancelong residence

years residence

yearscontinuous residence

alengthy period of residence

private lifethis guidance