The UK immigration landscape is complex, with various rules and provisions designed to address the diverse situations of immigrants. One significant rule is the 20-year rule for long residence, which offers a pathway for individuals who have lived in the UK continuously for 20 years to apply for leave to remain.
The 20-year rule, contained in Appendix Private Life of the immigration rules, allows individuals to apply for leave to remain in the UK based on 20 years of continuous residence. Notably, the rule does not require the residence to be lawful; it only needs to be continuous. Continuous residence means the applicant must not have been absent from the UK for more than six months at any one time or for a total of 550 days over the 20-year period.
Requirements to qualify
To qualify under the 20-year rule, applicants must:
- Use the correct application form.
- Make a valid application for leave.
- Meet the suitability requirements.
- Provide evidence of 20 years of continuous residence in the UK.
Evidencing Continuous residence
Proving continuous residence is crucial, especially for those who entered the UK illegally or lack a clear entry record. Applicants must present documentary evidence for each year of their residence. Witness testimonies can also support the application if documentary evidence is lacking.
If an application is successful, the individual will be granted limited leave to remain for 30 months, usually with a “no recourse to public funds” condition. The individual can apply for indefinite leave to remain after accumulating 10 years of lawful residence, meaning it takes a total of 30 years from their entry to the UK to become eligible for settlement under the 20-year rule.
Other Long Residence Rules
The Seven-Year Residence Rule for Children
Appendix Private Life also includes provisions for children who have lived in the UK for seven years. If it is not reasonable to expect the child to leave the UK, they might qualify for leave to remain. Children born in the UK can be granted indefinite leave to remain immediately, while those not born in the UK may receive 30 or 60 months’ leave and be eligible for indefinite leave after 60 months.
Registration as British for Children with 10 Years’ Residence
Children born in the UK and living here for the first 10 years of their life can register as British citizens, provided they meet specific requirements, including the good character requirement and not being absent for more than 90 days in any one year.
The “Half of Life” Rule for Under 25s
Applicants aged between 18 and 24 who have spent half their life living continuously in the UK can apply for leave to remain. Successful applicants can receive 30 or 60 months’ leave and be eligible for indefinite leave after 60 months.
The “Very Significant Obstacles to Integration” Rule
Individuals who do not meet any of the above rules may still apply for leave to remain if they can prove that there would be very significant obstacles to integrating into the country they would be required to return to. This rule is strictly applied, and substantial evidence is required to support such claims.
The 20-year long residence and private life provisions provide pathways for individuals who have built their lives in the UK. Although the requirements are strict, those who meet the criteria can secure their status and eventually qualify for indefinite leave to remain.
Get in touch: For a comprehensive understanding of your options or queries on UK immigration matters, contact GigaLegal Solicitors at 02074067654 or click here to book a no-obligation consultation with an immigration expert.