Lara has a void in her legal residence and must start the 10-year clock from March 8, 2010. If she remains legally resident in the UK until then, she can apply on 8 March 2020 under the 10-year rule. Successful LLR applicants face significant restrictions on their access to social assistance. They are subject to the condition of “non-use of public funds” (NRPF), which means that they are denied benefits such as universal credit, housing allowance and many other protective social rights. Without this support, residents hoping to obtain an ILR through the 20-year rule risk becoming undocumented if their personal circumstances change and they cannot afford to reapply to remain with regular status. Was there another route with a shorter length of stay? Yes, there was a 14-year residency rule, but it was abolished in 2012 and it is no longer possible to apply for it. The new rule is the 20-year rule. However, Matt did not stay in the UK during school holidays when he was a child; He returned home to stay with his parents. His total absence from the UK exceeds 540 days.

The fact that these absences were out of his control, happened when he was a child and were for a very good reason, is irrelevant under the rules and Matt cannot succeed under the rules. (b) Clients often fear that immigration authorities will be unfavourable to them because they have overstayed. While this must be treated with care, the rule is designed to cover those who have overstayed and takes this into account. A person must live in the UK for 120 months – that is, 10 years – before they can apply to settle. The 20-year rule, introduced on July 9, 2012, replaced the 14-year rule, which previously provided a shorter, more direct route to the regulation. Prior to 2012, this route allowed undocumented migrants living in the UK to regularise their status by applying for ILR immediately after 14 years of continuous residence. Example Patrick came to the UK from Ghana with his parents at the age of 4. He is now 20 years old.

Half of Patrick`s life lasted 10 years. Patrick has lived in the UK for 16 years. Patrick has therefore lived in the UK for more than half of his life and can apply for a residence permit under this rule. This more generous way of settling children and young adults serves to promote the well-being of children and recognises that children themselves do not make a conscious decision to move to the UK and should not be held responsible for the time they spend in the UK without permission. The shorter five-year landing period will provide the child or young adult with the necessary security by balancing the waiting period with a normal settlement period elsewhere in the rules. On 9 July 2012, the UKBA ended the 14-year rule and introduced a different provision for overstayers who have lived in the UK for 20 years. People who have lived in the UK for more than 20 years may have reasons to apply for a visa or residence permit. Each case is different and depends on your situation, for example, how long you have exceeded your visa and your reasons. The best thing to do is to seek legal assistance in your case.

It is only after the expiry of this 10-year period that the applicant receives a permanent residence permit. · spent a total of 540 days (18 months) outside the UK over the entire 20-year period The extent to which the Home Office accepts documents as “official” proof of residence has been a key element in the cases before the Court of Appeal. This means that when invoking the 20-year rule, the confidence threshold for undocumented migrants to apply for regularization of their status via LLR is much higher than might initially be assumed. Immigration Rule 276ADE(1)(v) allows applicants aged 18 to 24 who have lived in the UK continuously for half their lives to apply for a residence permit. As of January 1, 2015, the transition to the new rule for documents from certain entities transmitting documents to local filing locations began. Documents in this category are primarily of local interest and include those produced by magistrates` courts and the NHS. Learn more about the 20-year rule for local interest documents. If he meets all other conditions for permanent leave after 10 years of legal residence, Ono`s application should be accepted. The first overstay period should not be taken into account as he submitted an application less than 28 days after the end of his previous leave and the overstay ended before 24 November 2016. The second period of exceeding the authorised length of stay did not have to be taken into account because the discrepancy existed after 24 November 2016, but Ono was granted leave in accordance with point 39E. A person can then apply for a permanent residence permit once they have accumulated a period of 120 months (i.e. 10 years) of legal residence.

Thus, under the 20-year rule, it takes 30 years from entry into the UK before the person is eligible to apply for a deal. (a) The applicant must provide documentary evidence that he or she has lived in the United Kingdom for 20 years. This period does not include imprisonment. Example Nora is a refugee. When she applied for asylum, she was legally resident in the UK as a student and was released on bail. Because his case was complex, no decision was made on his case for four years. It`s unusual, but it happens sometimes. When a decision was finally made, she was denied asylum. She appealed. Throughout the application and appeal process, their status continued to be immigration bail.

Nora`s appeal was finally allowed after two years and she was recognized as a refugee. She was granted a five-year leave. Before the end of this five-year period, Nora can apply for permanent residence under the 10-year rule because she was out on bail for the Immigration Department and was then immediately placed on leave. According to a recent report by the National Audit Office, public spending on immigration enforcement by the Home Office reached £392 million in 2019-2020. The report states that the security forces “facilitated” the departure of 13,100 people without residence permits. The imposition of the 20-year rule continues to put up to 1.2 million undocumented migrants at risk of being “forcibly deported” while spending an average of nearly £30,000 per person deported from the country. In comparison, enforcement costs (based on forced evictions carried out in 2019-2020) reflect a situation where 99.9% of undocumented migrants remain in the UK. The current enforcement strategy means that if all undocumented migrants were forcibly deported in the same way, the cost to the Treasury would be between £24 billion and £36 billion, equivalent to the total cost of educating 500,000 children from primary school to university.

No earlier than 28 days before the end of the 10-year waiting period, you can apply under the 10-year rule. Please note that applications received more than 28 days before the end of the waiting period required for a longer stay must be rejected. This is because the Claimant did not complete the required leave period in the United Kingdom. The UK`s immigration rules state that applicants who are rejected under the long-term residency rules because they submitted their application too early can reapply once they have completed their qualifying leave or, alternatively, up to 28 days in advance. The applicant obtains a residence permit for 30 months, i.e. two and a half years. As a general rule, the granting of a residence permit is not conditional on the use of public funds. To be successful under the 10-year rule, the applicant must have been legally resident in the UK.

In other words, the applicant must have resided in the UK with an existing entry or residence permit or have invoked a bond or temporary leave. Example Matt is from Chile. His family is wealthy and he was sent to the UK at the age of 11 to be taught. He attended a private boarding school, then went to university and earned a first-class engineering degree. He has lived in the UK for 12 years. However, Matt did not stay in the UK during school holidays when he was a child; He returned home to stay with his parents. His total absence from the UK exceeds 540 days. The fact that these absences were out of his control, happened when he was a child and were for a very good reason, is irrelevant under the rules and Matt cannot succeed under the rules.