ILR- 10 YEARS LONG RESIDENCE
According to paragraph 276A of the immigration rules, an individual residing in the UK for an unbroken period is referred to as continuous residence. This could be eligible for an individual residing in the UK for 10 years to enquire about the necessary requirements to apply for settlement, that is, an indefinite leave to remain in the UK on the basis of his or her long residence. Under the settlement perspective, continuous residence refers to a period of lawful and continuous residence in the UK for 10 years.
The rules of long residence were established based on identifying the ties an individual may have formed with the people and the society over a continued period of residence in that particular country. This is considered to be natural because any individual that has resided in a particular country for a period time, for as long as 10 years, should have created certain ties with the that particular society or environment.
Requirement for Settlement – ILR
The following requirements must be met in order for an individual to be eligible for settlement under the long residence route:
Ø 10 years continuous residence
As stated earlier, the individual must have lived in the UK lawfully for a continuous period of 10 years. The individual is required to always have a valid leave to within the 10 year period to remain in the UK without periods of overstay. In the case of overstay, a stay of less than 28 days outside the country can be disregarded.
It is not advisable for an individual to leave the UK for a period of more than 6 months at any point in time. The sum of the absences from the UK during the continuous residence of 10 years should also not exceed 18 months.
The basis behind the settlement based on long residence is believed that the individual has lived in the UK and has transferred his or her life to the UK, therefore, sending the individual back to his or her country would be either asking him to start all over again or wasting a large portion of his life.
It is will be difficult for the individual to prove his or her life has been transferred to the UK if they spend more than 6 months at a time out or 18 months outside the country and this also goes against the thinking behind long residence.
NOTE: In the case where an individual exits and enters the UK with a valid visa for less than 6 months in a year, the continuous residence is not considered to be broken. Included are times spent in prisons, the Republic of Ireland, young offender’s institution and the Isle of Man or Channel.
Read more: http://visalawyers.tumblr.com/post/147692244558/ilr-10-years-long-residence-ii
