Long Residence

Long residence and private life
This guidance is based on the Immigration Rules.
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Guidance - Long residence and private life v7.0
Valid from 13 December 2012
Long residence and private life About this guidance

Key facts Entry and extension requirements Indefinite leave requirements Granting or refusing Dependants Considering an application in the private life route Before 9 July 2012 it was possible to grant long residence after a period of 14 years continuous 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 July 2012 can still be considered under the rules in force before that date. This means a person granted leave to remain on the basis of 14 years residence in the UK can still be granted ILR once the requirements are met. Paragraph 276ADE of the Rules provides for a person to be granted leave to remain on the grounds 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 guidance This page tells you what has changed since the previous version of this guidance. Contact This page tells you who to contact for help if your senior caseworker or line manager cant answer you question. Page 2 of 71 Guidance Long residence and private life version 7.0 Valid from 13 December 2012 Links to staff intranet removed This guidance tells you how to consider settlement and leave to remain (LTR) applications from 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 a lengthy period of residence here. Settlement can be granted under paragraphs 276A-276D of the Immigration Rules after a period of 10 years continuous lawful residence. In this section Changes to this guidance Contact Information owner Related links
This guidance is based on the Immigration Rules. Information owner This page tells you about this version of the guidance and who owns it. Safeguard and promote child welfare This page explains your duty to safeguard and promote the welfare of children and tells you where to find more information.
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Guidance Long residence and private life version 7.0
Long residence and private life Changes to this guidance

Key facts Entry and extension requirements Indefinite leave requirements Granting or refusing Dependants Considering an application in the private life route Key facts: o Eligibility requirements, Indefinite leave, fourth bullet point changed o Eligibility requirements, Leave to remain, paragraph rewritten to add three bullet points Entry and extension requirements: o sub-heading Extension requirements, second paragraph rewritten to add bullet and sub-bullet points Indefinite leave requirements: o sub-heading Requirements for long residence, fourth bullet point changed 10 years continuous lawful residence: o fourth bullet point changed Breaks in continuous residence: o sub-heading Time spent in prison, second paragraph changed Consideration of relevant points: o sub-heading 276B (iii), paragraph changed Valid from 13 December 2012 This page lists changes to the long residence and private life guidance, with the most recent at the top. Date of the change 13 December 2012 Details of the change Change request: Changes as a result of Immigration Rules changes. Related links Key facts Entry and extension requirements Indefinite leave requirements 10 years continuous lawful residence Breaks in continuous residence Consideration of relevant points Personal history Grant or refuse indefinite leave Indefinite leave - refusal wording Suitability requirements Requirements for private life route
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This guidance is based on the Immigration Rules. Personal history: o fourth paragraph changed o fifth paragraph, third bullet point changed Grant or refuse indefinite leave: o sub-heading Refusing indefinite leave, fourth paragraph, second bullet point changed Indefinite leave refusal wording: o table row five, wording in both cells changed Suitability requirements: o sub-heading Suitability requirements under paragraph 276ADE, first paragraph changed o sub-heading Suitability requirements under paragraph 276ADE, new second paragraph Requirements for private life route: o sub-heading Requirements for a grant of leave on the basis of private life, first paragraph, third bullet point changed Evidence of continuous long residence in UK under private life route: o sub-heading Evidence of length of residence, fourth paragraph changed Assessing applicants ties with their country of origin: o sub-heading Assessing whether there are no ties (including social, cultural or family) with the country of origin, new first paragraph o sub-heading Assessing whether there are no ties (including social, cultural or Page 5 of 71 Guidance Long residence and private life version 7.0 Valid from 13 December 2012 Evidence of continuous long residence in UK under private life route Assessing applicant's ties with their country of origin Exceptional circumstances Grant or refuse indefinite leave on the basis of private life See also Contact Information owner Links to staff intranet removed
This guidance is based on the Immigration Rules. family) with the country of origin, second and third paragraphs changed o sub-heading Language, paragraph changed o sub-heading Length of time spent in the country of origin, new second paragraph o sub-heading Family, friends and social network, first paragraph changed Exceptional circumstances: o sub-heading Exceptional circumstances private life, first and second paragraphs changed Repeated private life applications: o page deleted Grant or refuse indefinite leave to remain on the basis of private life: o sub-heading Application for indefinite leave to remain on the basis of private life, new second paragraph with bullet points o sub-heading Application for indefinite leave to remain on the basis of private life, new third and fourth paragraphs Minor housekeeping changes.
15 November 2012
Six month review by the modernised guidance team: Minor housekeeping changes.
5 October 2012
Change request: About this guidance/landing page:
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This guidance is based on the Immigration Rules. o fifth paragraph, new second and third sentence o six paragraph, Paragraph 276D changed to Paragraph 276ADE 10 years continuous lawful residence: o second paragraph, second bullet point and sub-bullet points have been amended Breaks in continuous residence: o sub-heading Time spent outside the UK, second bullet point has been amended o sub-heading Time spent in prison, new second paragraph Breaks in lawful residence: o Example 3, You must confirm this with your senior executive officer (SEO) senior caseworker added Out of time applications: o this page has been amended Examples of continuous residence: o Example 2, dates change to 2012 and answer has been amended o Example 3, dates changed to 2011 Consideration of relevant points: o new paragraph number 276B(v) added o new sub-heading 276B (v) and content Grant or refuse an extension of stay in the UK: o sub-heading Granting an extension, third paragraph, first sentence has been amended Valid from 13 December 2012
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This guidance is based on the Immigration Rules. o new fourth paragraph o new sixth paragraph Indefinite leave refusal wording: o table, third row, new refusal wording Considering an application in the private life route: o sub-heading Application for leave to remain on the basis of private life, first paragraph, last sentence or SLTR 3.1 has been added Suitability requirements: o sub-heading Suitability requirements under paragraph 276ADE, first paragraph and SLTR 3.1 added Requirements for private life route: o sub-heading Requirements for a grant of leave on the basis of private life, new third paragraph and bullet points.
28 August 2012
11 July 2012
28 May 2012
8 November 2011
For the 28 August 2012 changes you will need to access version 4.0 which is now in the archive. See related link: Long residence Archive. For the 11 July 2012 changes you will need to access version 3.0 which is now in the archive. See related link: Long residence - Archive. For the 28 May 2012 changes you will need to access version 2.0 which is now in the archive. See related link: Long residence - Archive. Completely revised by the modernised guidance team.
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Long residence and private life Key facts

This page shows you the key facts for the 10 year long residence route. Category: Long residence Eligibility requirements
Indefinite leave The 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 public interest to grant leave, taking into account the applicants: o age o strength of connections to the UK o personal history, including character, conduct, associations and employment record o domestic circumstances o compassionate circumstances o any representations received on the persons behalf The applicant must meet the knowledge of language and life requirement. The applicant must not fall for refusal under the general grounds for refusal. Leave to remain The applicant must meet all the requirements to be granted indefinite leave except: the knowledge of language and life requirement the requirement to have no unspent conviction, and not to fail under the general grounds for refusal.
Application forms
Cost of application: Entry clearance mandatory? Is biometric information required for applications made in the UK? Code of leave to remain granted Entry clearance endorsements Conditions of limited leave to remain How long is limited leave to remain normally granted for? Page 9 of 71 December 2012
Application made outside UK Not applicable Extension (within UK) FLR(O) Indefinite leave to remain - SET(O) Fees for UK Border Agency services (links to staff intranet removed) No No
The same code as their last grant of leave if the applicant has 10 years continuous lawful residence. Not applicable If the applicant has 10 years continuous lawful residence the same conditions as their last grant of leave. Two years Valid from 13
This guidance is based on the Immigration Rules. Are dependants allowed? Work and study allowed? Switching into this category allowed? Does this category lead to settlement (indefinite leave to remain)? Is knowledge of language and life required? CID case type Immigration Rules paragraphs No Yes Yes Not applicable
No for a grant of leave to remain and yes for a grant of ILR Long Residency (10 Year) ILR Long Residency (10 Year) LTR 276A-276D
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Valid from 13
Long residence and private life Entry and extension requirements

Key facts Entry and extension requirements Indefinite leave requirements Granting or refusing For more information, see related links: Dependants Considering an application in the private life route Specified application forms and procedures IDI - passports & travel documents General grounds for refusal. Entry requirements There is no provision in the long residence rules to grant indefinite leave to enter. This means a person not previously granted leave to enter the UK, for example, because they were on temporary admission, cannot qualify under the rules. However, if they meet all the other requirements of rule 276B, discretion can be exercised to grant them six months code 1 outside the Immigration Rules, so they can make an application in the UK. Extension requirements Before 2 April 2007 it was not possible to grant limited leave to remain on the basis of long residence. On 2 April 2007, paragraph 276A1 and paragraph 276A2 were added to the Immigration Rules. This allows long residence applicants to be granted an extension of limited leave to remain, if : Page 11 of 71 Guidance Long residence and private life version 7.0 Valid from 13 December 2012 Links to staff intranet removed This page tells you about the entry and extension requirements for the long residence category. 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. 10 years continuous lawful residence See also Related links Early applications
This guidance is based on the Immigration Rules. 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: o for any period of overstaying for 28 days, or o for any period of overstaying if the application if the application was submitted before 9 July 2012 which will be disregarded. The extension of limited leave to remain is granted under paragraph 276A2 of the long residence category of the Immigration Rules, and not as an extension of their previous category of limited leave to remain. This means an applicant must meet the rules for long residence, and not the rules for their previous category. You must only grant an extension of further leave on the basis of long residence if the applicant meets all the criteria for indefinite leave, except for knowledge of life. You must not grant an applicant an extension in order to complete the qualifying period of 10 years for long residence, if they have not spent enough time in the UK to be granted indefinite leave. For more 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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Long residence and private life Indefinite leave requirements

Key facts Entry and extension requirements Indefinite leave requirements Granting or refusing Dependants Considering an application in the private life route This section tells you about the requirements applicants must meet to qualify for indefinite leave to remain on the basis of long residence after 10 years continuous lawful residence in the 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 residence 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 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. For more information, see related link: Criminality requirement for settlement. Consideration of relevant points Related links Links to staff intranet removed In this section 10 years continuous lawful residence
For more information on these requirements, see links in this section: 10 years continuous lawful residence Consideration of relevant points.
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This guidance is based on the Immigration Rules. 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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Long residence and private life 10 years continuous lawful residence

Key facts Entry and extension requirements Indefinite leave requirements Granting or refusing Dependants Considering an application in the private life route This section tells you how to decide whether an applicant has been continually lawfully resident 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 remain because of public interest issues. To check you must take account of the applicants personal history, including: o character o conduct o 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, see related link. Once an applicant has built up a period of 10 years continuous lawful residence, there is no limit on the length of time afterwards when they can apply. This means they could leave the UK, re-enter and apply for settlement based on a 10 year period of continuous lawful residence they built up in the past. Time the applicant has spent in the UK with 3C leave also counts towards lawful residence. For more information, see related link: Time awaiting a decision on an application or an appeal. Definition of continuous lawful residence Lawful residence is defined in paragraph 276A of the Immigration Rules as a period of continuous residence in which the applicant had one of the following: Page 15 of 71 Guidance Long residence and private life version 7.0 Valid from 13 December 2012 In this section Breaks in continuous residence Early applications Examples of continuous residence Breaks in lawful residence Out of time applications 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
This guidance is based on the Immigration Rules. existing leave to enter or remain temporary admission within section 11 of the 1971 Immigration Act where leave to enter or remain is subsequently granted an exemption from immigration control, including where an exemption ceases to apply if it is immediately followed by a grant of leave to enter or remain. Residence in the UK The UK consists of Great Britain and Northern Ireland. Time spent in the in the Republic of Ireland, Channel Islands or the Isle of Man does not count as residence in the UK for the purposes of 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 Out of time applications 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 links Consideration of relevant points Links to staff intranet removed
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Long residence and private life Breaks in continuous residence

Key facts Entry and extension requirements Indefinite leave requirements Granting or refusing Dependants Considering an application in the private life route Time spent outside the UK Continuous residence is not considered broken if the applicant: is absent from the UK for six months or less at any one time, and had existing leave to enter or remain when they left and when they returned this can include leave gained at port when returning to the UK as a non visa national, see related 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. For example, an applicant can leave the UK as a Tier 4 (General) student and return with leave as a spouse of a settled person. Continuous residence is not broken as the applicant had valid 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 prison Continuous residence is broken if an applicant receives a custodial sentence by a court of Page 17 of 71 Guidance Long residence and private life version 7.0 Valid from 13 December 2012 This page tells you when continuous residence is considered to have been broken for the purpose of long residence applications. Events that break continuous residence Continuous residence is considered to be broken if the applicant has: been absent from the UK for a period of more than six months at any one time, or is absent from the UK for a shorter period but does not have valid leave to enter the UK on their return, or valid leave to remain on their departure from the UK spent a total of 18 months outside the UK throughout the whole 10 year period. In this section Early applications Examples of continuous residence Breaks in lawful residence Out of time applications 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
This guidance is based on the Immigration Rules. law and is sent to: prison a young offenders institutes, or a secure hospital. Any time the applicant spends in one of the above establishments does not count as continuous leave for the purposes of meeting 276A and 276D of the Immigration Rules. Any leave accumulated before sentencing will be disregarded and only residence after release from custody will be counted as continuous residence. Continuous residence is not broken if an applicant receives a suspended sentence from a court of law. Calculating absence from the UK When calculating absences from the UK for long residence, a month is made up of 30 calendar days. You 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 UK continuously for 10 years required under the rules. Links to staff intranet removed
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Long residence and private life Early applications

Key facts Entry and extension requirements Indefinite leave requirements Granting or refusing Dependants Considering an application in the private life route Applications received more than 28 days before the required qualifying period is completed You must refuse applications received more than 28 days before the applicant completes the 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 the applicant not spending enough time in the UK to complete the qualifying period. For example, all breaks in continuous residence. Applicants who are refused under the long residence rules due to them submitting their application too early can re-apply once they have completed their qualifying leave or up to 28 days before this. Applications received 28 days or less before the required qualifying period is completed You can grant if an application if it is received 28 days or less before the applicant completes the required qualifying period, provided they meet all the other rules for long residence. This page tells you what you must do if you receive an application for indefinite leave on the basis of long residence before an applicant has completed their period of 10 qualifying leave. You must consider all valid applications, even if the applicant has not yet completed the necessary qualifying period for indefinite leave. The long residence rule requires applicants to have at least 10 years continuous residence in the UK before they can qualify for indefinite leave. In this section Breaks in continuous residence Examples of continuous residence Breaks in lawful residence Out of time applications 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
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This guidance is based on the Immigration Rules. Links to staff intranet removed
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Long residence and private life Examples of continuous residence

Key facts Entry and extension requirements Indefinite leave requirements Granting or refusing Dependants Considering an application in the private life route Question Has continuous residence been broken? Yes. The person did not have valid leave on the date of their departure, so Answer continuous residence has been broken. Example 2 A person enters the UK on 1 September 2004 with entry clearance as a student which is 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 a student. Question Has continuous residence been broken? No. The person had valid leave on the date of their departure and on the date Answer of their return to the UK, and the time spent outside the UK was less than six months. Continuous residence has been maintained, even though the person entered the UK with a fresh grant of leave. 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 Links to staff intranet removed Page 21 of 71 Guidance Long residence and private life version 7.0 Valid from 13 December 2012 This page gives you examples of when you must grant or refuse a long residence application when considering the continuous residence requirement. Example 1 Early applications A person enters the UK on 1 September 2004 with entry clearance as a student which is 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 a student. Breaks in lawful residence Out of time applications In this section Breaks in continuous residence
Long residence and private life Breaks in lawful residence

Key facts Entry and extension requirements Indefinite leave requirements Granting or refusing Dependants Considering an application in the private life route This page tells you about circumstances that break lawful residence for long residence applications and when you can use discretion for short breaks in lawful residence. Time spent outside the UK Continuous lawful residence is not broken if the applicant has a gap of leave outside the UK of less than six months. For example, applicants who leave the UK before their valid leave expires and obtain fresh entry clearance and re-enter the UK do not break continuous lawful residence, providing the absence from the UK is less than six months. See example 1 below. Continuous lawful residence is broken if the applicant: has a gap of leave of six months or more, or departs the UK after their valid leave has expired. Discretion for breaks in lawful residence You must always discuss the use of discretion with a senior caseworker. You must be satisfied that the applicant has acted lawfully throughout the whole 10 year period and has made every effort to obey the Immigration Rules. The decision to exercise discretion must not be taken without consent from a senior executive officer (SEO) or equivalent. Single gap in lawful residence It may be appropriate to use discretion if an applicant: has a single short gap in lawful residence through making one single previous application out of time by no more than 10 calendar days, and meets all the other requirements for lawful residence. You can use your judgement in cases where there may be exceptional reasons why a single application was made more than 10 days out of time. For example, exceptional reasons can be used for cases where there is: Page 22 of 71 Guidance Long residence and private life version 7.0 Valid from 13 December 2012 In this section Breaks in continuous residence Early applications Examples of continuous residence Out of time applications 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
This guidance is based on the Immigration Rules. a postal strike hospitalisation, or an administrative error made by the UK Border Agency. Multiple gaps in lawful residence You should not normally use discretion for cases where an applicant: has had more than one gap in their lawful residence due to submitting one or more of their previous applications out of time, and/or has not tried to maintain lawful leave throughout their time in the UK. It may be appropriate to exercise discretion if an applicant has multiple gaps in leave that have been caused by events outside their control, such as postal strikes, hospitalisation and so on. Examples of use of discretion The examples below show some instances when it may or may not be appropriate to exercise discretion. This is not a complete list and you must judge each application on the information it contains and discuss this with a senior caseworker. Example 1 An applicant has a single gap in their lawful residence due to submitting an application seven days out of time. All other applications have been submitted in time, throughout the 10 years period. Question Answer Would you be right to use discretion in this case? Yes. The applicant has a single gap and submitted their application less than 10 days out of time. Links to staff intranet removed
Example 2 An applicant has three gaps in their lawful residence due to submitting three separate applications out of time. These were 12, four and eight days out of time. Guidance Long residence and private life version 7.0
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This guidance is based on the Immigration Rules. Question Answer Would you be right to use discretion in this case? No. The applicant has more than one gap in lawful residence due to submitting more than one application out of time.
Example 3 An applicant has a single gap in their lawful residence due to submitting an application 24 days out of time. The applicant has provided a letter from their consultant stating that they were hospitalised during this period. Question Answer Would you be right to use discretion in this case? Yes. Even though the application was more than 10 days out of time, the applicant has proved that there were exceptional reasons for the late application and has tried to maintain lawful residence throughout the rest of the 10 year period. You must confirm this with your senior executive office (SEO) senior caseworker.
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Long residence and private life Out of time applications

Key facts Entry and extension requirements Indefinite leave requirements Granting or refusing Dependants Considering an application in the private life route This page tells you about out-of-time applications submitted for 10 years long residence applications. The Immigration Rules were amended with effect from 1 October 2012. The changes affect applications which were made on or after 9 July 2012 and are decided on or after 1 October 2012. For applications made before 9 July 2012 there is no requirement for applications for indefinite leave to remain (ILR) to be made in-time under the 10 years long residence rules. For applications made on or after 9 July 2012 an applicant applying for an extension of stay or indefinite leave to remain (ILR) on the basis of long residence must not be in breach of the Immigration Rules. However, for the purposes of the application a period of overstaying of no more than 28 days on the date of application will be disregarded. Out of time applications made before 9 July 2012 Out 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 the UK 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 2012 Applicants for an extension of stay or ILR must not have overstayed by more than 28 days on the date of application. The 28 day period of overstaying is calculated from the latest of 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 Page 25 of 71 Guidance Long residence and private life version 7.0 Valid from 13 December 2012 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
This guidance is based on the Immigration Rules. the point that a migrant is deemed to have received a written notice of invalidity, in line with 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 has overstayed by more than 28 days, you must consider any evidence of exceptional circumstances which prevented the applicant from applying within the first 28 days of overstaying. The threshold for what constitutes exceptional circumstances is high, but could include delays 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 or unavoidable circumstances beyond the applicants control. For example: o It is the fault of the UK Border Agency because it lost or delayed returning travel documents, or o 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 loss and the date replacement documents were sought. Any decision to exercise discretion and not refuse the application on these grounds must be authorised by a senior caseworker at senior executive officer (SEO) grade or above. When granting leave in these circumstances, the applicant must be granted leave outside the rules for the same duration and conditions that would have applied had they been granted leave under the rules. Links to staff intranet removed
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Long residence and private life Treatment of temporary admission

Key facts Entry and extension requirements Indefinite leave requirements Granting or refusing Dependants Considering an application in the private life route This page tells you when temporary admission counts as lawful residence for 10 year long residence applications. In this section Breaks in continuous Temporary admission only qualifies as lawful residence if leave to enter or leave to remain is residence later granted. For example, if an applicant is granted leave following a period of temporary admission, the time on temporary admission counts as lawful residence. Early applications For an example of when temporary admission counts as lawful residence, see example 4 in related link: Examples of continuous lawful residence. For more information on temporary admission, see related link: 2.0 - Temporary Admission. Examples of continuous residence Breaks in lawful residence Out of time applications 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
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Long residence and private life Time awaiting a decision on an application or appeal
Key facts Entry and extension requirements Indefinite leave requirements Granting or refusing Dependants Considering an application in the private life route This page tells you when time spent in the UK awaiting a decision on an application or an appeal counts as lawful residence for long residence applications. Sections 3C and 3D of the Immigration Act 1971 both extend a person's leave in certain circumstances. To prevent applicants from becoming overstayers through no fault of their own, section 11 of the Nationality, Immigration and Asylum Act 2002 introduced an amended Section 3C into the Immigration Act 1971. In this section Breaks in continuous residence Early applications Examples of continuous residence
Section 3C extends leave when a person with leave to enter or remain makes an in-time Breaks in lawful application. That is one made before their leave expires, but one in which their leave expires residence before a decision on that application is reached. If a person has 3C leave, and their application is refused, 3C leave continues until their appeal rights are exhausted. Section 3C Out of time applications only applies to in-time applications. Treatment of temporary If a person submits an out-of-time application, they will have a gap in continuous lawful admission residence, 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, see Time spent in the UK example 5 in related link: Examples of continuous lawful residence. with a right to reside under EEA regulations To prevent people becoming overstayers while exercising a right of appeal against a decision to curtail or revoke leave to enter or remain, section 11 of the Immigration, Asylum Time spent in UK while and Nationality Act 2006 added section 3D to the Immigration Act 1971. When leave to enter exempt from or remain is curtailed or revoked, Section 3D extends it while an appeal is brought, while it is immigration control pending, and continues until appeal rights are exhausted. Examples of continuous Both 3C and 3D leave count as existing leave to enter or remain in the UK, and therefore as lawful residence lawful 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
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This guidance is based on the Immigration Rules. the outcome of a decision on their outstanding application. This means that someone who reaches the 10 year threshold during this leave cannot apply for indefinite leave. This could occur in the following two situations: The applicant completes 10 years continuous lawful residence while awaiting a decision on an application for further leave If the application that has generated the 3C leave has not yet been decided, the applicant can vary the grounds of that application to include a request for leave on the basis of long residence. If a long residence application would attract a higher fee than the initial application, the applicant must pay the balance before the varied application can be considered. 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 a decision of an appeal A person may complete 10 years continuous lawful residence whilst they are awaiting the outcome of an appeal and submit an application on this basis. Under sections 3C and 3D, it is not possible to submit a new application while an appeal is outstanding. However, the applicant can submit further grounds to be considered at appeal. If the applicant has an outstanding appeal against a decision to refuse leave to remain or indefinite leave to remain, and submits an application for long residence, you must void the case and refund the fee. You must create a file or sub-file and mark it PRIORITY. You must send the file or sub-file to the presenting officers unit (POU) dealing with the appeal. You must send a letter to the applicant or their representative informing them their application has been linked with their outstanding appeal. You must use Doc Gen letter ICD.3207 for this purpose. If the appeal is against a decision to curtail or revoke, and the immigration decision was made on or after 31 August 2006, you must follow the same process but you must use Doc Gen letter ICD.3258. Related links Links to staff intranet removed
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This guidance is based on the Immigration Rules. Extended leave under previous legislation You must be aware of legislation that was in force for extending leave before sections 3C and 3D were amended. If the applicant lodged an appeal against a decision to refuse or curtail leave prior to 3C and 3D being amended, their leave may have expired before their appeal was heard. This means applicants who had appeals allowed before Sections 3C and 3D were amended may have breaks in their continuous lawful residence while their appeals are pending. Prior to 2 October 2000, people who made in time applications had their leave to remain extended by the Variation Of Leave Order (VOLO). VOLO extended existing leave until a decision was made on an application, and also extended leave by 28 days from the date the application was refused or withdrawn. Leave was not extended further while an appeal was pending. Section 3D was introduced on 31 August 2006. Prior to this, it was possible for a person to submit a fresh application while an appeal against curtailment or revocation of leave was pending. 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 be considered 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 the Immigration Act 1971 (As Amended).
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Long residence and private life Time spent in UK with a right to reside under EEA regulations
Key facts Entry and extension requirements Indefinite leave requirements Granting or refusing Dependants Considering an application in the private life route This page tells you how to consider a long residence application when a person has spent time 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 the Immigration 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), or o 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 individuals are not subject to immigration control, and would not be required to have leave to enter or leave 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 for family members of EU or EEA nationals exercising their treaty rights to reside in the UK, if they meet all the other requirements for long residence. This does not affect the rights of family members of EEA nationals to permanent residence in the UK, where they qualify for it under Regulation 15 of the Immigration (European Economic Area) Regulations 2006. For more information, see related link: Immigration (European Economic Area) Regulations 2006 Regulation 15. In this section Breaks in continuous residence Early applications Examples of continuous residence Breaks in lawful residence Out of time applications Treatment of temporary admission Time awaiting a decision on an application or appeal Time spent in UK while exempt from immigration control Examples of continuous lawful residence
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This guidance is based on the Immigration Rules. Related links Links to staff intranet removed
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Long residence and private life Time spent in UK while exempt from immigration control
Key facts Entry and extension requirements Indefinite leave requirements Granting or refusing Dependants Considering an application in the private life route 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 their exemption ending, and is later granted a period of leave, their continuous lawful residence is not broken. If a person remains in the UK, and does not submit an application for further leave after the 90 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 lawful residence. Effect on continuous residence Continuous residence is not broken if a person: Page 34 of 71 leaves and then returns to the UK during a period of exemption, and Valid from 13 December 2012 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 Examples of continuous lawful residence This page tells you when time spent in the UK counts as lawful residence for 10 year long residence 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 armed forces. Deemed leave Deemed leave is the 90 days a person is given once their exemption period from immigration control ends. By the end of the 90 days, the person must either In this section Breaks in continuous residence Early applications Examples of continuous residence Breaks in lawful residence Out of time applications
This guidance is based on the Immigration Rules. continues to meet all other requirements of long residence, set out in paragraph 276A(a) of the Immigration Rules. Related links Links to staff intranet removed
If a person leaves the UK following the end of their exemption and during their period of deemed leave, continuous residence is not broken, even if they return to the UK after their 90 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 end of 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 the Immigration Rules.
For more information on the long residence requirements, see related link: Immigration Rules 276A-276D. If a person applies for leave while they are still exempt, you must inform them their application will be considered once their exemption ends. For more information on exemptions, see related link: IDI persons exempt from control.
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Long residence and private life Examples of continuous lawful residence

Key facts Entry and extension requirements Indefinite leave requirements Granting or refusing Dependants Considering an application in the private life route Question Has continuous lawful residence been broken? No, the person was abroad while they had a gap in leave, so they have not Answer broken their continuous lawful residence. If the person had departed the UK after their leave expired, they would have spent time in the UK without lawful leave, and continuous lawful residence would be broken. Example 2 A person enters the UK on 31 March 2002 and is granted leave to enter. The person is then granted a number of extensions, all of which are in-time applications. The last period of leave the person was granted expired on 31 March 2012. The person applies for indefinite leave 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? Yes, the person built up 10 years continuous lawful residence before their Answer leave expired and the application for long residence was made before the 1 October 2012, therefore there is no requirement for the application to be intime. Had the application been made on after the 1 October 2012 the Page 36 of 71 Guidance Long residence and private life version 7.0 Valid from 13 December 2012 This page gives you examples of when it is appropriate to grant or refuse a long residence application when considering lawful residence. The examples below are not a complete list. You must consider each application on the information it contains, and discuss this with a senior caseworker if necessary. Example 1 A person has leave in the UK that expires on 15 September 2008. The person departs the UK before their leave expired on 10 September 2008. Whilst the person is abroad, they obtain fresh entry clearance and re-enter on the 30 October 2008. In this section Breaks in continuous residence Early applications Examples of continuous residence Breaks in lawful residence Out of time applications 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 Out of time applications
This guidance is based on the Immigration Rules. application would be refused as it would not meet the requirement to be intime except for overstaying for 28 days or less which will be disregarded, see related link: Out of time applications. Example 3 A 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 granted leave as a student on 15 October 2011 Question Is there a break in their lawful residence under the 10 years long residence rules? Yes, the person submitted an out of time application. The person has a break Answer in their continuous lawful residence, from the date their leave expired on 31 July 2011, until the date they were granted leave as a student on 15 October 2011. Example 4 A person applies for leave to enter at port on 31 January 1995, and is granted temporary admission. The person remains on temporary admission until 27 June 2003, when they are granted four years leave to enter until June 2007. On 1 February 2005, the person applies for indefinite leave under the 10 years rule. Question Has the person completed 10 years continuous lawful residence in the UK? Yes, as the person was granted leave in 2003 following a period of temporary Answer admission, their time on temporary admission between 1995 and 2003 counts as lawful residence, and the person has been here lawfully for 10 years. Example 5 A person working as a diplomat who was exempt from control ends their employment and ceases to be exempt from immigration control on 31 December 2006. The person submits an application for leave to remain on 1 February 2007, and is granted leave until 30 May 2009. Question Has the person broken their continuous lawful residence? Page 37 of 71 Guidance Long residence and private life version 7.0 Valid from 13 December 2012 Related links Links to staff intranet removed
This guidance is based on the Immigration Rules. Answer No, the person has deemed leave until 31 March 2007 and submitted their application before the deemed leave expired. This means that the person had continuous lawful residence during this period.
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Long residence and private life Consideration of relevant points

Key facts Entry and extension requirements Indefinite leave requirements Granting or refusing Dependants Considering an application in the private life route This section explains factors you must consider before granting indefinite leave to remain for long residence applications. On most occasions, a person who meets the requirements for continuous residence should be 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 automatically qualify for settlement, but can only be considered for a grant of leave under the long residence rules. Under paragraphs 276B(ii), 276B (iii), 276B (iv) and 276B (v) of the Immigration Rules you must 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 knowledge about life in the UK, unless they are under the age of 18 or aged over 65 at the time they makes their application. For more information, see related link: Knowledge of language and Page 39 of 71 Guidance Long residence and private life version 7.0 Valid from 13 December 2012 In this section Age Strength of connections in the UK Personal history Domestic circumstances Compassionate circumstances Representations received on a persons behalf Related links See also Out of time applications Links to staff intranet removed
This guidance is based on the Immigration Rules. life in the UK. 276B (v) From 1 October 2012 the applicant must not be in breach of the immigration laws, except for any period of overstaying for a period for 28 days or less will be disregarded. See related link: Out of time applications. Restricted not for disclosure start of section The information in this page has been removed as it is restricted for internal UK Border Agency use only.
Restricted not for disclosure end of section You must assess the factors in paragraph 276B (ii) to decide whether a grant of indefinite leave would be against the public interest. You must look at reasons for and against granting indefinite 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 to satisfy 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 falls for refusal, you must also consider any reasons why the applicant may fall for refusal under Page 40 of 71 Guidance Long residence and private life version 7.0 Valid from 13 December 2012
This guidance is based on the Immigration Rules. 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 weigh those factors against the compassionate circumstances, if any and all the other circumstances, such as strength of connections to the UK, domestic circumstances of the case, and then decide whether a grant of indefinite leave would be against the public interest. It is important that you take into account all of the circumstances of the case before you decide 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 period without consulting a senior caseworker. You must also consult guidance on refusing an application on general grounds if refusing under paragraph 276B(ii). For more information, see related link: General grounds for refusal.
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Long residence and private life Age

Key facts Entry and extension requirements Indefinite leave requirements Granting or refusing Dependants Considering an application in the private life route This page tells you when a persons age may be a relevant factor when you are considering a long residence application. You must take an applicant's age into consideration in cases when you are considering refusing on other relevant points under paragraph 276B(ii). You must consider whether an applicant'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 and adapted to life here. In this section Consideration of relevant points Strength of connections in the UK Personal history Domestic circumstances Compassionate circumstances Representations received on a persons behalf Related links Links to staff intranet removed
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Long residence and private life Strength of connections in the UK

Key facts Entry and extension requirements Indefinite leave requirements Granting or refusing Dependants Considering an application in the private life route This page tells you when a persons connections to the UK may be a relevant factor when you are considering a long residence application. In this section Consideration of The family life a person has in the UK must be taken into account in assessing the strength relevant points of their connections to the UK. This may be particularly strong if they are married to or have established a similar relationship with a settled person. The person may have other close Age relatives settled in the UK. The strength and closeness of the relationship will determine how strong a factor this may be. Similarly, if a person's close relatives are not in the UK, this may Personal history call into question the strength of the person's connection to the UK. Domestic circumstances Owning property or a business may support the view that an applicant has shown long term commitment and a connection to the UK. However, on its own, this would not be a Compassionate significant factor. Factors such as the length of time the individual has owned the business circumstances or 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 provide Representations supporting documentary evidence. The applicant will be required to show further proof of received on a persons strong connections to the UK. behalf If the applicant has contributed positively to society, for example through significant investment or charitable work, this may be another factor in their favour, although this is unlikely to be decisive on its own. Related links Links to staff intranet removed
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Long residence and private life Personal history

Key facts Entry and extension requirements Indefinite leave requirements Granting or refusing Dependants Considering an application in the private life route 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 the public good. This page tells you when a persons personal history may be a relevant factor when you are considering a long residence application. Character, conduct and associations go beyond criminal convictions and allows you to consider whether the applicant's activities in the UK or abroad makes it undesirable for you to grant indefinite leave. This could include concerns about the applicant on the basis of: In this section Consideration of relevant points Age Strength of connections in the UK Domestic circumstances Compassionate circumstances Representations received on a persons behalf Related links See also Links to staff intranet removed
Applicants who do not satisfy the general grounds within the Immigration Rules now face refusal 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. Restricted do not disclose start of section The information in this page has been removed as it is restricted for internal UK Border Agency use only. Guidance Long residence and private life version 7.0
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This guidance is based on the Immigration Rules. Restricted do not disclose end 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 must consider what the person has been doing while they have been in the UK, and what economic contribution, if any, they have made. Whilst not having a sound employment record is not in itself a reason to refuse leave, this along with strong ties with the UK would count in a person's favour, if they have not been a burden on public finances but have, in fact, contributed through income tax and national insurance contributions. An applicant's conduct includes their immigration history. This will not be relevant in most cases brought under the 10 year rule, because the requirement that residence must be lawful implies that the applicant is not an immigration offender. However, immigration history is relevant to the 14 year rule. Clearly, it would not be appropriate to refuse leave on the grounds of conduct simply because the applicant is an overstayer or illegal entrant, as that would defeat the purpose of the rule. However, the rule is not intended to reward people for their success in evading, or failing to co-operate with immigration control. Therefore, any deliberate or blatant attempts to circumvent immigration control, for example by: absconding contracting a marriage of convenience, or using false documents may well mean that it is not in the public interest to grant leave. This is not an exhaustive list of reasons to consider refusing leave.
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Long residence and private life Domestic circumstances

Key facts Entry and extension requirements Indefinite leave requirements Granting or refusing Dependants Considering an application in the private life route This page tells you when a persons domestic circumstances may be a relevant factor when you are considering a long residence application. In this section Consideration of If the applicant has dependent children who have adapted to life in the UK, this could be a relevant points factor against refusal on paragraph 276B(ii). If this is so, and you intend to refuse the case, you must consider the UK Border Agencys duty to safeguard and promote child welfare. For Age more information, see related link: Safeguard and promote child welfare. Strength of connections The presence of another settled person who is routinely dependant on the applicant, for in the UK example a disabled relative, could also be a factor against refusal. Personal history Compassionate circumstances Representations received on a persons behalf Related links See also Links to staff intranet removed
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Long residence and private life Compassionate circumstances

Key facts Entry and extension requirements Indefinite leave requirements Granting or refusing Dependants Considering an application in the private life route This page tells you when compassionate circumstances may be a relevant factor when you are 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 here for long enough to qualify for indefinite leave, but there are other factors, such as criminal convictions or a bad immigration history, that suggests a grant of indefinite leave might not be appropriate. In this section Consideration of relevant points Age Strength of connections in the UK Personal history Domestic circumstances Representations received on a persons behalf Related links Links to staff intranet removed
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Long residence and private life Representations received on a persons behalf

Key facts Entry and extension requirements Indefinite leave requirements Granting or refusing Dependants Considering an application in the private life route This page tells you when representations received on the person's behalf may be a relevant factor when you are considering a long residence application. All representations raised on behalf of the applicant must be carefully assessed, even if these have been dismissed in previous applications. You must weigh those factors against the compassionate circumstances, if any, and all the other circumstances of the case, and then decide whether a grant of indefinite leave would be against the public interest. In this section Consideration of relevant points Age Strength of connections in the UK Personal history Domestic circumstances Compassionate circumstances Related links Links to staff intranet removed
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Long residence and private life Granting or refusing

Key facts Entry and extension requirements Indefinite leave requirements Granting or refusing Related links Dependants Considering an application in the private life route Links to staff intranet removed 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 the UK Grant or refuse indefinite leave
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Long residence and private life Grant or refuse an extension of stay in the UK
Key facts Entry and extension requirements Indefinite leave requirements Granting or refusing Dependants Considering an application in the private life route This page tells you how to grant or refuse long residence applications for an extension of leave in the UK. Granting an extension You must grant the applicant leave to remain on the basis of long residence if: the applicant meets all of the requirements of paragraph 276A2 of the Immigration Rules, and none of the general grounds for refusal apply. For more information see related links: Entry and extension requirements Immigration Rules 276A-276D General grounds for refusal. If the applicant has less than 20 years residence in the UK, you must grant two years leave to 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 apply separately 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 not contain any restriction on employment. The extension of leave to remain is granted under paragraph 276A2 of the long residence category of the Immigration Rules, and not as an extension of their previous category of leave to remain. Applicants must therefore meet the leave to remain rules for long residence and 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 2012 they will remain subject to the rules that were in force on 8 July 2012. This means an Page 50 of 71 Guidance Long residence and private life version 7.0 Valid from 13 December 2012 In this section Grant or refuse indefinite leave Related links Entry and extension requirements See also Links to staff intranet removed
This guidance is based on the Immigration Rules. applicant granted leave following 14 years long residence can be granted further leave or indefinite 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 Other Extn other reasons. Refusing an extension You 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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Long residence and private life Grant or refuse indefinite leave

Key facts Entry and extension requirements Indefinite leave requirements Granting or refusing Dependants Considering an application in the private life route This page tells you how to grant or refuse applications for indefinite leave on the basis of long residence. Granting indefinite leave You 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 Immigration Rules, and none of the general grounds for refusal apply. For more information see related links: Indefinite leave requirements Immigration Rules 276A-276D General grounds for refusal. If you grant indefinite leave to remain in this category you must use the following statistical category: 6AA Long residency - Sett 10 LRC. Refusing indefinite leave You 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 be human rights grounds to consider if the applicant does not satisfy the long residence requirements. If these are raised specifically by the applicant you must consider the Page 52 of 71 Guidance Long residence and private life version 7.0 Valid from 13 December 2012 Indefinite leave requirements Links to staff intranet removed In this section Indefinite leave refusal wording Related links Grant or refuse and extension of stay in the UK
This guidance is based on the Immigration Rules. 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: Considering an 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 the following: Long Residence - Refused Sett - KOL / ESOL - XOTRSLA01 Long Residence - Refused Sett - Criminality - XOTRSLA05 Long Residence - Refused Sett - Continuous Residence - XOTRSLA02 Long Residence - Refused Sett - Against public good - XOTRSLA03 Long Residence - Refused Sett - Combination of reasons failed - XOTRSLA04 Other - Refusal Settl. Premature Appl - X7.
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Long residence and private life Indefinite leave refusal wording

Key facts Entry and extension requirements Indefinite leave requirements Granting or refusing Dependants Considering an application in the private life route This page provides suggested refusal wording for applications for indefinite leave for long residence. Reason for refusal and paragraph of the Immigration Rules Applicant has not completed 10 years continuous lawful residence Paragraph 276D with reference to paragraph 276B(i)(a) and [276A...] There is no reason why it would be undesirable to grant indefinite leave to remain because of public interest issues, taking into account the applicants personal history, including: character conduct associations and employment record Paragraph 276D with reference to paragraph 276B(ii) Applicant does not satisfy the knowledge of life requirement Paragraph 276D with reference to paragraph 276B(iv) In view of [...], the Secretary of State is not satisfied that you have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom or that you are under the age of 18 or aged 65 or over at the time you made your application. Valid from 13 December 2012 Wording In view of [...] the Secretary of State is not satisfied that you have had at least 10 years continuous lawful residence in the United Kingdom. You have applied for indefinite leave to remain on the basis of your long residence in the United Kingdom but, in the light of [...], the Secretary of State has concluded that it would not be in the public interest for you to be given indefinite leave to remain. In this section Grant or refuse indefinite leave Related links Grant or refuse and extension of stay in the UK Links to staff intranet removed
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This guidance is based on the Immigration Rules. Applicant falls for refusal under general grounds Paragraph 276D with reference to paragraph 276B(iii) Dependants applying in line with the main applicant Paragraph 322(1) In view of [...], your application falls for refusal under the general grounds for refusal.
You have applied for indefinite leave to remain as the husband/wife/civil partner/unmarried partner/same sex partner/child of a person who has spent 10 years/14 years long residence in the United Kingdom but your application has been refused, as the Secretary of State is not satisfied that variation of leave to remain is being sought for a purpose covered by the Immigration Rules.
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Long residence and private life Dependants

Key facts Entry and extension requirements Indefinite leave requirements Granting or refusing Dependants Considering an application in the private life route This page tells you how to consider applications from dependants of people applying under the long residence rules. Paragraph 34D of the Immigration Rules allows dependants to be included on a specified application form if they are the: spouse civil partner unmarried or same-sex partner children under the age of 18 Related links Indefinite leave refusal wording Links to staff intranet removed
of the main applicant, provided the form permits the inclusion of such applications. There is no provision for dependants in the long residence category. Any dependants specified in paragraph 34D (spouse, civil partner, unmarried or same-sex partner and/or child under the age of 18) included on the application form must be refused on the basis that there is no provision in the Immigration Rules. Refusals on this basis must be made under paragraph 322(1) of the Immigration Rules. For refusal wording, see related link: Indefinite leave refusal wording. Dependants who do not meet the criteria of paragraph 34D who are included on the main applicant's form such as children aged 18 or over, brothers or sisters must be rejected. For more information on rejecting applications, see related link: Specified application forms and procedures. If the main applicant is granted indefinite leave, family members will need to apply under the relevant categories of the rules relating to spouses, civil partners and dependent children of persons present and settled in the UK. For more information on paragraph 34D of the rules, see related link: Dependants.
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Long residence and private life Considering an application in the private life route
Key facts Entry and extension requirements Indefinite leave requirements Granting or refusing Dependants Considering an application in the private life route Applications made to remain on the basis of long residence or private life by those who do not qualify under paragraph 276B(i)(a) (the 10 years long residence requirements) must be considered under paragraph 276ADE. An application can be made for leave to remain on the basis of private life as part of a charged application or as an Article 8 claim, where: an Article 8 claim is raised as part of an asylum claim, or as part of a further submission in person after the asylum claim has been refused a migrant is in immigration detention and/or where removal directions (IS.151D) have been set pending an imminent removal Article 8 is raised in an appeal, and Article 8 is raised in response to a section 120 (one stop) notice. This section tells you how to consider an application for leave to remain on the basis of private life. The requirements for private life are set out in paragraph 276ADE of the Immigration Rules. Private life The rules provide a basis on which a person can apply to remain in the UK on the grounds of the long residence and private life in the UK. A person who is outside the UK cannot make an application to enter the UK on the basis of their private life in the UK. In this section Suitability requirements Requirements for private life route Evidence of continuous long residence under private life route Assessing applicants ties with their country of origin Exceptional circumstances Making decisions on applications
Grant or refuse Application for leave to remain on the basis of private life indefinite leave on the To qualify for leave to remain on the basis of private life an applicant must satisfy the basis of private life requirements of paragraph 276ADE. The applicant must be suitable and they must be eligible. In considering applications, you must start by considering whether the applicant falls for refusal under any of the suitability grounds in sections S-LTR 1.2 to S-LTR 2.3 or S-LTR 3.1 in Appendix FM of the Immigration Rules (see related link).
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Long residence and private life Suitability requirements

Key facts Entry and extension requirements Indefinite leave requirements Granting or refusing Dependants Considering an application in the private life route An applicant applying for indefinite leave to remain must not fall for refusal under any of the suitability grounds at section S-ILR in Appendix FM of the Immigration Rules. See related link. The application must be referred to the criminal casework directorate (CCD) for a decision if the applicant has been convicted of an offence for which they have been sentenced to imprisonment for at least 12 months. If the applicant has been convicted of an offence or offences for which they have been sentenced to less than 12 months imprisonment, you must consider whether the persons presence in the UK is not conducive to the public good because their offending has caused serious harm or they are a persistent offender who shows a particular disregard for the law. For further information on serious harm and persistent offender, see related link: Criminality guidance for Article 8 ECHR cases. Any cases which could potentially fall within this category must be referred to the complex casework team who will consider the case. Assessing applicants ties with their country of origin Exceptional circumstances Making decisions on applications Grant or refuse indefinite leave on the basis of private life This page tells you the suitability requirements which applicants for the private life route must meet. Suitability requirements under paragraph 276ADE To satisfy the suitability requirement of paragraph 276ADE an applicant for leave to remain or further leave to remain must show that they do not fall for refusal under any of the suitability grounds in sections S-LTR 1.2 to S-LTR 2.3 and S-LTR.3.1 in Appendix FM of the Immigration Rules (see related link). In this section Requirements for private life route Evidence of continuous long residence under private life route
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Long residence and private life Requirements for private life route
Key facts Entry and extension requirements Indefinite leave requirements Granting or refusing Dependants Considering an application in the private life route This page tells you the requirements which an applicant must meet in order to qualify for a grant of leave in the private life route. Requirements for a grant of leave on the basis of private life If the applicant does not fall for refusal on the grounds of suitability (see related link: Suitability requirements), you must consider whether they meet one of the requirements of paragraph 276ADE(iii) to (vi) (the private life route), namely that the applicant: has lived continuously in the UK for at least 20 years (discounting any period of imprisonment) is under the age of 18 years and has lived continuously in the UK for at least seven years (discounting any period of imprisonment) is aged 18 years or above and under 25 years and has spent at least half of their life living continuously in the UK (discounting any period of imprisonment) and it would not be reasonable to expect the applicant to leave the UK is aged 18 years or above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but has no ties (including social, cultural or family) with the country to which they would have to go if required to leave the UK. Continuous residence is defined in paragraph 276A of the rules. For more information, see related link: 10 years continuous lawful residence. In this section Suitability requirements Evidence of continuous long residence under private life route Assessing applicants ties with their country of origin Exceptional circumstances Making decisions on applications Grant or refuse indefinite leave on the basis of private life
Related links Lived and/or living continuously means continuous residence. This is defined at paragraph 276A of the rules, except that 276A(a)(iv) (residence broken by a period of imprisonment) does not apply. An applicant applying on the basis of private life will not break 10 years continuous lawful residence their continuous residence if they have time in prison. This is because: time in prison will not be counted towards the period of residence, and time before and after imprisonment can be aggregated to make up the full amount of time. Page 61 of 71 Guidance Long residence and private life version 7.0 Valid from 13 December 2012
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Long residence and private life Evidence of continuous long residence in UK under private life route
Key facts Entry and extension requirements Indefinite leave requirements Granting or refusing Dependants Considering an application in the private life route To demonstrate length of residence in the UK, applicants will need to provide credible evidence from an independent source, for example letters from a housing trust, local authority, bank, school or doctor. You must be satisfied that the evidence provided has not been tampered with or otherwise falsified, and that it relates to the person who is making the application (see related link: Fraud and forgery). To be satisfied the UK residence was continuous, you should normally expect to see evidence to cover every 12 month period of the length of continuous residence, and travel documents to cover the entire period, unless you are satisfied on the basis of a credible explanation provided as to why this has not been submitted. For an application made no later than 28 days after the expiry of previous leave, when considering a continuous period, you can disregard any periods of overstaying between periods of leave, if they were on the grounds of a private life. This page tells you what you must consider in terms of evidence of the period a person applying in the private life route claims to have lived continuously in the UK. Evidence of length of residence You must consider all of the points raised by the person in relation to the application. Decisions must not be taken on the basis of mere assertions by the applicant about their residence in the UK and their ties with another country. You must carefully assess the quality of any evidence provided. In this section Suitability requirements Requirements for private life route Assessing applicants ties with their country of origin Exceptional circumstances Making decisions on applications Grant or refuse indefinite leave on the basis of private life Related links Links to staff intranet removed
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Long residence and private life Assessing applicants ties with their country of origin
Key facts Entry and extension requirements Indefinite leave requirements Granting or refusing Dependants Considering an application in the private life route In determining whether the person has no ties (including social, cultural or family), you must consider the entirety of the applicants background. You must consider whether the person has sufficient knowledge of, or connections to, the country of origin to be able to form an adequate private life in that country. The adequacy of that private life overseas must be decided by reference to what is normal in that country, not by comparison with the private life they would have enjoyed had they remained in the UK. Exceptional circumstances Making decisions on applications This page tells you how to assess whether a person applying in the private life route has ties with the country to which they would have to return if they were required to leave the UK (which is normally their country of origin). Assessing whether there are no ties (including social, cultural or family) with the country of origin No ties (including social, cultural or family) with the country to which they would have to go if required to leave the UK. This means you must take account of their background. For example, the person has so little connection with that country as to mean the consequences for them in establishing a private life there would be unjustifiably harsh. In this section Suitability requirements Requirements for private life route Evidence of continuous long residence under private life route
Grant or refuse Because the person may find life difficult or challenging when they return does not mean you indefinite leave on the cannot refuse. You need to look at the persons ties to their country of origin. For example, basis of private life a connection with the culture may suffice where a person has no family contacts whatsoever. In making the assessment, relevant factors will include, but are not limited to, the following: Language This is likely to be a key factor. Consider whether the applicant speaks an official language of their country of origin, or a language that is commonly understood in parts of that country. For these purposes, fluency is not required an ability to communicate competently with sympathetic interlocutors will suffice. Cultural background Page 64 of 71 Guidance Long residence and private life version 7.0 Valid from 13 December 2012
This guidance is based on the Immigration Rules. Consider evidence of the applicants exposure to and level of understanding of the cultural norms in the country of origin. Where the person has spent their time in the UK living mainly amongst a diaspora community from their country of origin then it may be reasonable to conclude that they have cultural ties with that country even if they have never lived there, or have been absent from that country for a lengthy period. Length of time spent in the country of origin Where the applicant has spent a considerable period living in the country of origin, it will be difficult for them to demonstrate that they have no ties with that country. You must consider the proportion of the persons life spent in that country, and the stage of life the person was at when living in that country. This is so you can decide whether they have sufficient exposure to that country to be able to form an adequate private life. For example, where a person left their country of origin as an adult or teenager, they will find it difficult to demonstrate they cannot return, even if they have spent a long time in the UK. However, a person with a shorter period of residence in the UK may not be able to return if they left the country at a very young age and have no other ties to that country. Family, friends and social network An applicant who has extended family in their country of origin should be able to turn to them for support to help them to integrate into society on return. These need not be close blood relatives if the applicant has friends and other contacts to whom they could turn for support. You must consider whether the applicant or their family have hosted visits in the UK by family and friends from their country of origin. These do not have to be strong familial ties and can include ties that could be strengthened if the person were to return. If the applicant does not meet the requirements of the rules you must consider whether there are any exceptional circumstances which would make refusal and the requirement for the applicant to leave the UK a breach of Article 8. For more information, see related link: Exceptional circumstances.
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Long residence and private life Exceptional circumstances

Key facts Entry and extension requirements Indefinite leave requirements Granting or refusing Dependants Considering an application in the private life route Whilst all cases are to some extent unique, those unique factors do not generally render the case exceptional. A case is not exceptional just because the private life rules in paragraph 276ADE have been missed by a small margin. Instead, exceptional means circumstances in which refusal would result in unjustifiably harsh consequences for the person and it would not be proportionate to refuse the application. This type of case is very rare. In determining whether a case is exceptional, the decision maker must consider all relevant factors, such as: The circumstances around the applicants entry to the UK and proportion of the time they have been in the UK legally as opposed to illegally. Private life which involves the applicant putting down roots in the UK and becoming involved in community life in the full knowledge that their stay here is unlawful or temporary and therefore precarious, should be given less weight than private life formed by a person lawfully present in the UK. Any exceptional cultural, legal or religious factors which prevent or severely limit the applicant from enjoying private life in their country of origin, for example specific disabilities which would make communication difficult in the country of origin. An inability to speak the language in the country of origin, or lack of fluency in that language, would not normally be considered an exceptional factor where the applicant could reasonably be expected to learn the language. Cumulative factors should be considered. For example, where the applicant has family Page 66 of 71 Guidance Long residence and private life version 7.0 Valid from 13 December 2012 This page tells you about exceptional circumstances in private life applications and how to decide whether they apply to an individual case. Exceptional circumstances private life Where an applicant has social, cultural or family ties with their country of origin, refusal of the application will usually be appropriate unless there are exceptional circumstances that would make removal from the UK a breach of Article 8. Exceptional does not mean unusual or unique. In this section Suitability requirements Requirements for private life route Evidence of continuous long residence under private life route Assessing applicants ties with their country of origin Making decisions on applications Grant or refuse indefinite leave on the basis of private life
This guidance is based on the Immigration Rules. members in the UK but their family life does not provide a basis to remain, and they also have a significant private life in the UK, (for example, sibling relationships or an adult child and parent relationship which does not normally qualify as family life under Article 8, even where they are particularly close). Although under the rules family life and private life are considered separately and are not cumulative, when considering whether there are exceptional circumstances which would make removal from the UK a breach of Article 8, both family and private life must be taken into account.
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Long residence and private life applications Making decisions on applications

Key facts Entry and extension requirements Indefinite leave requirements Granting or refusing Dependants Considering an application in the private life route If the applicant does not meet the requirements and there are no exceptional circumstances which would mean that even though the applicant does not meet the requirements of the rules, refusal and requirement to leave the UK would be a breach of Article 8 (see related link: Exceptional circumstances) the application must be refused. This page tells you about making decisions on private life applications. Decisions on application for leave to remain on the basis of private life If the applicant satisfies the requirements of paragraph 276ADE, limited leave to remain on the grounds of private life in the UK should be granted for a period of 30 months subject to a condition of no recourse of public funds (for more information on when the migrant should exceptionally be given access to public funds, see section 12 of related link: 1.0 - Partners). The applicant will be able to apply for settlement after 120 months. In this section Suitability requirements Requirements for private life route Evidence of continuous long residence under private life route Assessing applicants ties with their country of origin Exceptional circumstances Grant or refuse indefinite leave on the basis of private life Related links See also Links to staff intranet removed
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Long residence and private life Grant or refuse indefinite leave to remain on the basis of private life
Key facts Entry and extension requirements Indefinite leave requirements Granting or refusing Dependants Considering an application in the private life route This page tells you where to find the requirements the applicant must meet in order to be granted indefinite leave to remain. Application for indefinite leave to remain on the basis of private life To qualify for indefinite leave to remain on the basis of private life an applicant must satisfy the requirements of paragraph 276DE. If the applicant does not meet the requirements for indefinite leave to remain on the grounds of private life because: of paragraph S-ILR 1.5 - their presence in the UK is not conducive to the public good because they have been convicted of an offence for which they have been sentenced to imprisonment for less than 12 months (unless a period of seven years has passed since the end of the sentence) of paragraph S-ILR 1.6 - they have, in the two year period immediately before making the application, been convicted of an offence for which they received a non-custodial sentence, or other out of court disposal, recorded on their criminal record, or they fail the knowledge of life requirement you may grant a period of further limited leave for up to 30 months. This is subject to a condition of no recourse of public funds. For more information on when the migrant should exceptionally be given access to public funds, see related link:1.0 Partners. The applicant will be able to apply for settlement after 120 months. In this section Suitability requirements Requirements for private life route Evidence of continuous long residence under private life route Assessing applicants ties with their country of origin Exceptional circumstances Making decisions on applications Related links Links to staff intranet removed
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Long residence and private life Contact

Key facts Entry and extension requirements Indefinite leave requirements Granting or refusing Dependants Considering an application in the private life route Changes to this guidance can only be made by the modernised guidance team (MGT). If you think the policy content needs amending you must contact the operational policy and rules unit (family and settlement), see related link: Email permanent migration operational policy (settlement) team, who will ask the MGT to update the guidance, if appropriate. The MGT will accept direct feedback on broken links, missing information or the format, style and navigability of this guidance. You can send these using the link: Email: Modernised guidance team. This page explains who to contact for more help with a specific case in the long residence and private life category. If you have read the paragraphs 276A-276D of the Immigration Rules and this guidance, and still need more help with this category, you must first ask your senior caseworker or line manager. If the question cannot be answered at that level, you may email the operational policy and rules unit (family and settlement), see related link: Email permanent migration operational policy (settlement) team. Related links Changes to this guidance Information owner Links to staff intranet removed
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Long residence and private life Information owner

Key facts Entry and extension requirements Indefinite leave requirements Granting or refusing Dependants Considering an application in the private life route This page tells you about this version of the long residence and private life guidance and who owns it. Version Valid from date Policy owner Cleared by director Directors role Clearance date This version approved for publication by Approvers role Approval date 7.0 13 December 2012 Operational policy and rules unit (family and settlement) Sonia Dower Director, operational policy and rules 5 July 2012 Sonia Dower Director, operational policy and rules 11 December 2012 Related links See also Changes to this guidance Contact Links to staff intranet removed
Changes to this guidance can only be made by the modernised guidance team (MGT). If you think the policy content needs amending you must contact the operational policy and rules unit (family and settlement), see related link: Email permanent migration operational policy (settlement) team, who will ask the MGT to update the guidance, if appropriate. The MGT will accept direct feedback on broken links, missing information or the format, style and navigability of this guidance. You can send these using the link: Email: Modernised guidance team.
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Long residence and private life

This guidance is based on the Immigration Rules.

Guidance - Long residence and private life v7.0

Valid from 13 December 2012

This guidance is based on the Immigration Rules.

Long residence and private life About this guidance

Guidance Long residence and private life version 7.0

Valid from 13 December 2012

This guidance is based on the Immigration Rules.

Long residence and private life Changes to this guidance

Guidance Long residence and private life version 7.0

Change request: About this guidance/landing page:

Guidance Long residence and private life version 7.0

Valid from 13 December 2012

Guidance Long residence and private life version 7.0

Guidance Long residence and private life version 7.0

Valid from 13 December 2012

This guidance is based on the Immigration Rules.

Long residence and private life Key facts

Guidance Long residence and private life version 7.0

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Guidance Long residence and private life version 7.0

This guidance is based on the Immigration Rules.

Long residence and private life Entry and extension requirements

Guidance Long residence and private life version 7.0

Valid from 13 December 2012

This guidance is based on the Immigration Rules.

Long residence and private life Indefinite leave requirements

Guidance Long residence and private life version 7.0

Valid from 13 December 2012

Guidance Long residence and private life version 7.0

Valid from 13 December 2012

This guidance is based on the Immigration Rules.

Long residence and private life 10 years continuous lawful residence

Guidance Long residence and private life version 7.0

Valid from 13 December 2012

This guidance is based on the Immigration Rules.

Long residence and private life Breaks in continuous residence

Guidance Long residence and private life version 7.0

Valid from 13 December 2012

This guidance is based on the Immigration Rules.

Long residence and private life Early applications

Guidance Long residence and private life version 7.0

Valid from 13 December 2012

Guidance Long residence and private life version 7.0

Valid from 13 December 2012

This guidance is based on the Immigration Rules.

Long residence and private life Examples of continuous residence

This guidance is based on the Immigration Rules.

Long residence and private life Breaks in lawful residence

Valid from 13 December 2012

Guidance Long residence and private life version 7.0

Valid from 13 December 2012

This guidance is based on the Immigration Rules.

Long residence and private life Out of time applications

Guidance Long residence and private life version 7.0

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This guidance is based on the Immigration Rules.

Long residence and private life Treatment of temporary admission

Guidance Long residence and private life version 7.0

Valid from 13 December 2012

Guidance Long residence and private life version 7.0

Valid from 13 December 2012