20 Years Long Residence UK: Requirements & Guidance 2024
For many people who have made the UK their home, securing Indefinite Leave to Remain (ILR) is a key goal. ILR allows individuals to live and work in the UK without any time limits. It is usually granted after living in the UK for a certain period, often through visas based on work, business, ancestry, or family connections. Depending on the visa type, individuals can qualify for ILR after three to five years of continuous residence.
The 20-year long residence route allows individuals to apply for permission to stay in the UK for 30 months. Anyone who has lived in the UK continuously for 20 years, legally or illegally, can apply for this.
For more details on eligibility, how to apply, and expert advice on the 20-year long residence route, contact us today at 01614644140 or reach out online.
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What Is The 20 Years Long residence Rule?
The 20 years long residence rule allows individuals who have lived in the UK for two decades, whether legally or illegally, to apply for leave to remain. This option is particularly helpful for those who might have entered the country without the proper immigration status or for those who have overstayed their visas. The rule recognizes the strength of personal ties that may have developed over such a long period.
The legal foundation for this route is found in Paragraph 276ADE of the UK Immigration Rules. This section allows individuals to apply for leave to remain based on long residence and ties to the UK. It is also backed by Article 8 of the European Convention on Human Rights, which protects the right to private and family life. The 20-year rule acknowledges that, after such an extended stay, it may be unreasonable to expect an individual to leave the country.
Who Qualifies for the 20-Year Rule?
To be eligible for the 20-year long residence route, applicants must meet the following criteria:
- Submit an “Application to Remain in the UK on the Basis of Family Life or Private Life.”
- Pay any applicable fees, attend a biometrics appointment, provide a passport or valid photo ID, and be in the UK on the date of submission.
- Ensure they are not subject to rejection due to ineligibility.
- Have lived continuously in the UK for at least 20 years without significant breaks.
Applicants must prove that they have continuously resided in the UK for a full 20 years. They should not have been absent for more than six months at a time or for a total of 550 days over the 20 years. Additionally, they must not have been deported, removed, or left the UK following a denied application unless they could return lawfully. Documentary evidence is required to support the application.
For help with your application, contact us today for expert advice.
Evidence Required for 20 Years Long Residence
Proving that you’ve lived in the UK continuously for 20 years can be difficult, especially if you don’t have legal status. However, there are several types of evidence that you can submit with your application:
- Financial Records: Bank statements, pay slips, and tax documents are strong indicators of continuous residence.
- Tenancy Agreements and Utility Bills: These provide proof of your physical presence in the UK over time.
- Witness Statements: Statements from friends, family members, or employers can help establish your residence.
- Other Supporting Documents: Letters from schools, doctors, or community organizations can further bolster your claim.
Application Process for 20 Years Long Residence
Applying for leave to remain based on long residence can be a complex and lengthy process. Here’s a breakdown of the steps:
- Complete the Correct Form: Applications for leave to remain under the 20-year rule are made using Form FLR (FP).
- Pay the Fees: The application fees may vary, and an Immigration Health Surcharge (IHS) is also required.
- Submit Evidence: As mentioned earlier, providing thorough documentation is key.
- Wait for a Decision: Processing times vary but can take several months.
Who is Eligible for the 20 Year Long Residence Rule?
The 20 Year Long Residence Rule in the UK provides a route for individuals who have established their lives in the country for more than two decades, offering them the opportunity to settle permanently.
Private Life Considerations
Under Article 8 of the ECHR, the UK is obligated to respect individuals’ private and family life. For those applying under the 20-year rule, the strength of their private life in the UK can play a significant role in the decision.
How Private Life is Assessed
When evaluating private life, the Home Office will consider factors such as:
- Family Ties: Do you have family in the UK, especially British citizens or residents?
- Community Ties: Have you integrated into UK society through friendships, community involvement, or employment?
- Length of Residence: How long have you lived in the UK, and how strong are your connections?
Does the 20-year qualifying period include periods of illegal residence?
Yes it includes period of lawful leave, as well as illegal residence.
Is it possible to apply for indefinite leave to remain after 20 years of continuous residence?
It’s important to note that you cannot automatically obtain indefinite leave to remain through the 20-year rule, unlike the 10-year rule for lawful residence. While 20 years of continuous residence can eventually lead to indefinite leave to remain, it is not a straightforward process. Initially, you may be granted limited leave for up to 30 months. However, you can apply for further leave if you continue to meet the necessary requirements.
Can I qualify if I have lived in the UK for less than 20 years?
If you have lived in the UK for less than 20 years, but there would be very significant obstacles to move back into your home country if required to leave the UK. This may allow you to apply for leave to remain in the UK on the basis of your private/family life outside of the Immigration rules to the Home Office. The Home Office will consider many factors including your ties you have built up, if you have been absent from the UK, what change of circumstances there have been since you entered and so on.
How do I apply for 20 years long residence?
To apply for 20 years long residence, you need to:
- Apply on the specified form (‘FLR: Application to extend your stay in the UK on the basis of long residence’ form)
- Pay the visa fee.
- Provide required biometrics.
- Establish you identity and nationality by providing a passport or other document.
20 years long residence application fee
You will be required to pay the Government NHS Surcharge, which is a separate fee and currently £2,587.50 for the length of your visa set at £1,035 per year per applicant. This fee would need to be paid online including the visa application fee, which is £1,258.
20 years long residence application processing time
On average it can take between 6-12 months for a Caseworker to reach a decision on your 20 years long residence route application.
Why choose Deluxe Law Chambers for your 20 years route application?
Choosing the right and best immigration lawyer for your immigration needs can be stressful. While it could seem like a difficult choice, let us simplify things for you. Here are a few good reasons why you should choose Deluxe Law Chambers to assist you with your UK visas and immigration matters.
We have offices in London and Manchester. However, we provide immigration advice and services nationwide.
Our commitment to affordability means that you can receive expert advice without straining your finances. Our success hinges on transparency. We believe in keeping you informed about every step of the process, ensuring that you understand your options and the potential outcomes.
- REGULATED – We are regulated and approved by the Solicitors Regulation Authority (SRA) to provide immigration advice & services.
- EXPERIENCE – Our firm rests on specialist immigration lawyers and solicitors with years of experience. Our well-earned experience distinguishes us from others.
- EXPERTISE – As your immigration lawyer, we offer unparalleled expertise. We don’t just understand and interpret the law, we keep an eye on the slightest changes.
- AUTHORITY – Our authority isn’t just about legal powers but is gained through genuine care and successful outcomes for our clientele. So, why choose just a lawyer when you can choose a trusted authority?
- TRUST – Our commitment to uphold your trust is unwavering. Our transparency and ethical conduct are treatments for the trust placed in us by our clients.
- DIRECT ACCESS – At Deluxe Law Chambers as your immigration lawyers, you will have direct access to your qualified lawyer 24/7.
- REMOTE SERVICES – We are able to provide a fully digital service, and you may never have to visit our offices for 9/10 immigration cases.
- AFFORDABLE – We are a law firm with an affordable and fixed fee plan. We offer two installments to ensure you can pay easily.
A combination of our rich experience, deep-rooted expertise, trust authority, and unwavering commitment to our clients makes us your best choice.
So, why wait? Take your first step towards a successful immigration application with us.
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