The UK is becoming one of the most popular places to live for expats who are looking to build a stable future for themselves and their families.
One of the best ways they can do this is with an Indefinite Leave to Remain (ILR), which grants them complete freedom to live and work in the UK with zero restrictions.
This is awarded after spending a set amount of time in the country with the addition of other elements like visas, ancestral connections, and family ties.
While there is a three to five year route that can be taken for ILR, the 20-year long residence rule is a very significant route taken which is popular.
This pathway is usually taken by those who don’t have a straightforward journey to achieving permanent residency, as it provides a golden opportunity to attain UK stability and security for those with complex immigration histories.
This guide will explore in further detail the UK 20-year residence rule so that you have a clearer understanding of the requirements if you are looking to live in the country for the foreseeable future.
How Does The 20-Year Residence Rule Work?
If an individual has stayed in the UK for 20 years continuously without significant breaks, whether legal or illegal, they can apply for an ILR under the 20-year residence rule.
If there are any absences from the UK of over six months, it will disrupt the continuous ruling but breaks of shorter than six months won’t disrupt it if the person had valid permission to leave and return to the UK.
In this circumstance, the individual would have had to live in the UK legally.
An unforeseen situation, such as imprisonment, is not included in the duration of an individual's stay in the UK and impacts their ability to apply for an ILR with this rule.
The 20-year period calculation would be paused upon imprisonment and will continue from when they leave prison.
Qualifications
Several criteria need to be met to qualify for the 20-year residence rule and obtain an ILR:
- 20 years of continuous residence in the UK
- Proof of residence
- No serious criminal record
A successful outcome can be achieved by making sure your application is backed up by high-quality documentation attesting to your continuous UK residence.
Disqualifications
Some things can disqualify an individual from applying for ILR through the 20-year residence rule:
- Lack of Suitability: If you are deemed to be unsuitable to live in the UK, your application is at risk of being denied. Previous criminal conduct and security issues can be reasons why you might be refused.
- Invalid Applications: If your application is deemed to be invalid, it could be rejected. An incomplete form or the wrong fee could lead to an invalid application so you need to ensure that it is all filled out properly.
- Continuous Residence Breaks: Breaking continuous residence for longer than permitted will result in a rejected application. Spending more than six months out of the UK in one go or over 550 days overall throughout the 20-year residency term.
- Being Outside of the UK When Applying: You must be present in the UK when completing your application and if you are outside of the country when submitting it, there is a good chance that it’ll be rejected.
How To Apply
You need to complete the specific application form known as the “Application to remain in the UK based on family life or private life”. It must be a valid application and everything needs to be filled out with nothing left blank unless it states otherwise.
The fee also needs to be paid in full and any short payments will lead to a rejected application. Other factors need to be met, such as:
- Passport evidence
- Other appropriate identity documents
- Proof of being in the UK on the application date
As long as you avoid falling under any of the suitability grounds for refusal and have sufficient evidence that you have lived continuously in the UK for 20 years, there is a good chance of acceptance.
How Long Does It Take to Hear Back?
You won’t receive an instant response regarding your 20-year residence rule ILR application, as the Home Office has a lot of immigration applications to go through on a day-to-day basis so it’s likely that you’ll have to wait a little while before hearing back.
The exact timeframe will depend on the backlog of applications, so if it is taking too long try not to worry as you will hear back eventually. If you complete everything correctly, there is a better chance of having a shorter waiting time.
Conclusion
The 20-year residence rule offers a pathway to permanent residency in the UK for those who have made the country their long-term home.
By understanding the specific requirements, qualifications and potential disqualifications, individuals can navigate this process more effectively
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