The rule was abolished in 2012 and it is no longer possible to make use of it. What prevents a person from qualifying for the 20 year rule? Provided he meets all the other requirements for indefinite leave following 10 years lawful residence, Ono’s application should succeed. He is now 20. He is now 20. The 20-year rule on long residence is contained in paragraphs 276ADE(i) and (iii) of the Immigration Rules. Robert left the UK after the expiry of his leave to remain, but before 24 November 2016. of the Immigration Rules enables a person with 10 continuous and lawful years of residence in the UK to apply for indefinite leave to remain. How To Appeal Against Deportation and Deportation Orders (Living in the UK), The meaning of “unduly harsh” in the case of a child, Immigration Bail Applications for Detainees, The Human Rights Act: Human Rights Articles, European Nationals (Family Permit Residence Card), Adult Naturalisation | The Application for Naturalisation, Registration as British Citizen for Children, Victim of domestic violence – Apply for Indefinite Leave to Remain, Family life as an Adult Dependent Relative, Tier 2 Visa for Skilled Workers – Points-Based System, Applying for Indefinite Leave to Remain (ILR) after Five years, Appeals to the First and Upper Tier Tribunals. diplomats) if that status is immediately followed by leave. The Court of Appeal has also confirmed that short periods of overstay in some circumstances should be allowed, in accordance with sub-paragraph 276b(v). Robert left the UK after the expiry of his leave to remain, but before 24 November 2016. The Immigration Rules allow people to apply to remain in the UK on the basis of long residence. Because her case was complex, no decision was made on her case for four years. Had Robert left on 6 October, and applied for a new student visa after 1 November 2014, that is more than 28 days after the expiry of his leave of 4 October, then he would have broken the continuity of his residence, even if he returned on 31 October 2014, within six months. In the past it was possible to grant long residence after a period of 14 years continuous residence. A person has to live in the UK for 120 months – i.e. Robert is from the USA. Illegal immigration - UK. He might be able to succeed on a human rights claim, although it is likely to require an appeal. very significant obstacles to the applicant’s integration into the country to which he would have to go if required to leave the UK. Example Leave Your Details or Call 020 7267 4133, The Firm is regulated by the Solicitors Regulation Authority, 14 Lawfords Wharf Lyme Street, Camden Town, London NW1 0SF, © Copyright Danielle Cohen Immigration Solicitor, Long Residence Rules | Apply to Settle in the UK in 2020. They provide free and confidential advice to people living in the UK illegally. CNN hammers Fox News for covering alleged gang rape of 14-year-old by illegal immigrant This provision was removed by changes to the Immigration Rules on 9th July 2012. They may have entered legally but failed to leave when they were required to do so. The Courts will continue to operate throughout the four-week period of lockdown as usual, the... if there was a good reason beyond the applicant’s control for the period of overstay; or, if the application was made following a refusal of a previous application, and within 14 days of. If you are living illegally in the UK as a 10 year illegal immigrant you may be detained by the Home Office and subsequently deported. His total absences from the UK exceed 540 days. In addition, Robert was not out of the UK for more than six months. Richard Ford, Home Correspondent. In the case of Secretary of State for the Home Department v Kamara [2016] EWCA Civ 813, Lord Justice Sales held: In my view, the concept of a foreign criminal’s “integration” into the country to which it is proposed that he be deported, as set out in section 117C(4)(c) and paragraph 399A, is a broad one. In addition to showing 10 years’ continuous lawful residence in the UK, to have a successful application under these Rules an applicant must show that: Finally, a word on the timing of applications. Alan has lived in the UK since 1 July 2005. Alan has spent two years and one month in the UK prior to 2 August 2007 and needs a further 17 years and 11 months to have 20 years’ residence. It turns out that on two occasions, Ono has unwittingly overstayed. Illegal immigrant who benefited from DACA charged with murder of 16-year-old girl and rape of 14-year-old girl at house party Andrew Mark Miller 12/10/2020. Rather, they must have lived in the UK … Half of Patrick’s life is 10 years. He departs voluntarily on 6 October 2014, two days after the expiry of his leave. The bill will undoubtedly face political pushback. It is possible that discretion might be exercised in Matt’s favour under the policy, although it does not seem likely as the circumstances are not “compassionate” as such. The fact that these absences were beyond his control, occurred when he was a child and were for a very good reason are irrelevant under the rules and Matt cannot succeed under the rules. Where there are no family, friends or social networks in the country of return that is not in itself a very significant obstacle to integration – many people successfully migrate to countries where they have no existing ties. ALAMY. There will be cases where people need to submit their application earlier than 28 days in advance, and the Home Office guidance confirms that, as long as the application is being considered 28 days or fewer before the qualifying period is completed, it should be granted. . What kind of status does the 20 year rule lead to? Under paragraph 276ADE(1)(iv) of the Immigration Rules, a child who has lived in the UK for seven years might qualify for limited leave to remain, if he or she can show that it would not be “reasonable” for him or her to leave the UK. Matt is from Chile. Meanwhile, returns of immigration offenders have dropped by a third since 2013. He applied for fresh entry clearance within 28 days of that previous leave expiring, that is within 28 days of 4 October 2014. 5.How early can you make the application? However, Matt did not remain in the UK in school holidays when he was a child; he returned home to stay with his parents. The 20-year rule on long residence is contained in paragraphs 276ADE(i) and (iii) of the Immigration Rules. Provided she continues to be lawfully present in the UK until then, she will be eligible to apply under the 10 year rule on 8 March 2020. Maja is now 25 years old and continues to live in Albania. Example The rule, Rule 276, allows a legal route to permanent residency for those who have lived in the UK for 20 years. Although he applied after the expiry of his leave, the Home Office granted his application in accordance with paragraph 39E because it was submitted within 14 days of the expiry of his leave and the Home Office considered there was a good reason for the delay in his application. Is it possible to qualify under the 10 year rule even if there are gaps in lawful residence? Caseworkers are instructed to consider the reason for absences and whether the applicant returned to the UK as soon as they were able. He could not apply before because he was admitted in hospital following an emergency and was only released on 3 December. Illegal Immigrant Becoming Legal In The UK. (iii) left the United Kingdom in circumstances in which he could have had no reasonable expectation at the time of leaving that he would lawfully be able to return; or Alternatively, they may have entered the UK illegally. The earliest you can make the application under the 10 year rule is 28 days before completing the qualifying period of 10 years. The second period of overstay should be disregarded because the gap was after 24 November 2016 however Ono was granted leave in accordance with paragraph 39E. 22nd February 2010: If you are an illegal migrant in the UK for over 14 The fact that these absences were beyond his control, occurred when he was a child and were for a very good reason are irrelevant under the rules and Matt cannot succeed under the rules. Lara has a gap in her lawful residence and needs to start the 10 year clock from 8 March 2010. Alan cannot count the period between 2 August and 2 November 2007 towards his 20 years’ residence. WhatsApp. Perry Wacker, jailed for 14 years The judge sentenced Wacker's fellow defendant Ying Guo (30) of South Woodford, Essex, to six years for conspiring to smuggle illegal immigrants into the UK. If the application is successful, an individual will be granted limited leave to remain for a period of 30 months. It is possible that discretion might be exercised in Matt’s favour under the policy, although it does not seem likely as the circumstances are not “compassionate” as such. To succeed under the 10 year rule, the 10 years of residence must be continuous, Where a person overstays, even for a short period or even accidentally, this will be unlawful residence. Maja was born in the UK on 19 August 1995. Although he applied after the expiry of his leave, the Home Office granted his application in accordance with paragraph 39E because it was submitted within 14 days of the expiry of his leave and the Home Office considered there was a good reason for the delay in his application. Guidance on when discretion will normally be exercised is contained in the, Registration as British citizen: children, the number of days absent from the UK in any one of the years does not exceed 180 days and the total number of days over the 10 year period does not exceed 990 days, the applicant was unaware of the requirements, the parents’ absences with the child were entirely voluntary, The “very significant obstacles to integration” rule, There is guidance on what will constitute very significant obstacles in the guidance on. In doing so the Secretary of State can consider: -the refusal of the previous application; or, -the expiry of the leave as extended by section 3(c) of the Immigration Act 1971; or, -within the expiry of the time limit for making an in-time application for administrative review; or. They never left the UK until 2008, when the whole family relocated to Albania. We try to make sure information is accurate at the date it is published. 0. Thursday November 14 2019 , 12.01am, The Times. Are absences from the UK permitted for long residence applications? On the other hand, time spent in prison, a young offender institution or a secure hospital will break the period of continuous residence. Example If an applicant made an application within 14 days of his or her leave expiring the Secretary of State may decide to disregard a period of over-staying. Has permission to be in the UK when he or she leaves; Does not remain outside the UK for more than six months at any one time; and. Sorry, the details you entered weren't correct, please try again, Updates, commentary, training and advice on immigration and asylum law, EU Settlement Scheme course now available FREE to members. It turns out that on two occasions, Ono has unwittingly overstayed. The second period of overstay should be disregarded because the gap was after 24 November 2016 however Ono was granted leave in accordance with paragraph 39E. “Lawful residence” is defined at paragraph 276A(b) as: “lawful residence” means residence which is continuous residence pursuant to: (i) existing leave to enter or remain; or, (ii) temporary admission within section 11 of the [Immigration Act 1971] (as previously in force), or immigration bail within section 11 of the 1971 Act, where leave to enter or remain is subsequently granted; or. Patrick came to the UK from Ghana with his parents at the age of 4. -within 14 days of any administrative review or appeal being concluded, withdrawn or abandoned. She was granted five years of leave. Where a person overstays, even for a short period or even accidentally, this will be unlawful residence. So Pew's 2017 range is not at odds with the bigger … Save time & money on spotting issues early. She has always been lawfully present except for one period of overstay between 4 January and 8 March 2010. In other words, the applicant must have been in the UK with existing leave to enter or remain, or have been on immigration bail or with temporary leave. Judges might take a more reasonable view. On the face of it, any period of overstaying at all will break a period of continuous lawful residence. While the coronavirus pandemic has since slashed all forms of international travel, immigration to the UK increased to its highest level since the Brexit vote last year. By. False claim: Illegal immigrants and refugees receive £29,900 a year in benefits while UK pensioners get just £6,000 She has always been lawfully present except for one period of overstay between 4 January and 8 March 2010. Photo by Steve Nimmons on Flickr. (iv) has been convicted of an offence and was sentenced to a period of imprisonment or was directed to be detained in an institution other than a prison (including, in particular, a hospital or an institution for young offenders), provided that the sentence in question was not a suspended sentence; or However, he can count the time before and after. Under paragraph EX.1 of the Immigration Rules, an applicant who has a “genuine and subsisting parental relationship” with that child should also be able to make an application for leave to remain as a parent. When she claimed asylum, she was lawfully in the UK as a student and she was granted immigration bail. You can also call the Joint Council for the Welfare of Immigrants for help. The first period of overstay should be disregarded because he applied less than 28 days after the expiry of his previous leave, and the overstay ended before 24 November 2016. He applied for student leave on 6 September 2014, and this was granted. That application was granted on 8 March 2010. Is a 14 year old dating an 18 year old illegal? There is no equivalent provision for after November 2016 for those who have overstayed longer than 14 days. An application can be refused on general grounds if there is evidence that the applicant’s background, behaviour, character, conduct or association show that they should not be permitted to remain in the UK. So living in the UK with leave to enter or remain is lawful for the purposes of a long residence application, as is temporary admission or bail (e.g. Home office saying If you spend half of your life between age 18 to 25, can get your Visa. The case of Parveen v Secretary of State for the Home Department [2018] EWCA Civ 932 is a useful reminder that it is important for anyone making a “very significant obstacles” argument to particularise and set out in detail why it is that that specific applicant would encounter significant obstacles to re-integration — rather than simply quoting case law and precedents. You can read more about this route in this blog post. Paragraph 39(E) deals with short gaps in lawful residence after 24th November 2016. There is usually a no recourse to public funds condition attached to a grant of leave to remain. 10 years) lawful residence. He has been living in the UK for 12 years in total. Lara’s leave expired on 3 January 2010 and she did not submit an application until 7 February 2010, more than 28 days after the expiry of her leave. The definition of  “continuous residence” is almost the same as for the 10 year lawful residence route. Instead time in prison will simply not be counted towards the period of residence. 20 Year Rule. They never left the UK until 2008, when the whole family relocated to Albania. He applies for a new student visa from the USA on 10 October 2014, which is granted, and returns to the UK on 31 October 2014. Maja was born in the UK on 19 August 1995. The exception to this rule is for those who departed the UK before 24th November 2016 after the expiry of their leave and who then applied for fresh entry clearance to the UK within 28 days of the expiration of their previous leave. This is known as an assisted voluntary return. Linkedin Share Button; Share on Facebook; Tweet Widget; 3573352831_ee7369157a_z.jpg. It is strongly advisable to seek professional advice with regard to UK immigration law. 7.What are the requirements under the 20 years rule? 10.How do I apply on the basis of the 20 years route? Lara’s leave expired on 3 January 2010 and she did not submit an application until 7 February 2010, more than 28 days after the expiry of her leave. asylum seekers) or exemption from control (e.g. The application form is FLR(FP) Moreover, you will not need to pass the Life in the UK test or English test as you are not applying for indefinite leave to remain; you will have to remain in the UK for a further 10 years before you can apply for indefinite leave to remain. But there are complications and qualifications. Nora is a refugee. His family is wealthy and he was sent to the UK to be educated from age 11. If intending to make an application for indefinite leave to remain following 10 years’ continuous residence in the UK in the future, Robert will only be able to “start the clock” from 31 October 2014. 09 NOV UK ASYLUM SEEKERS IN TROUBLE. 1. When a decision was finally reached she was refused asylum. Don't worry, getting advice will be confidential - they won't tell anybody about your query. It was replaced with the 20 year rule, explained below. He has been living in the UK for 12 years in total. Contact Us! Because her case was complex, no decision was made on her case for four years. On 30 November 2016, Ono’s student leave expired. Patrick has therefore lived in the UK for more than half his life in the UK, and can apply for leave to remain under this rule. It has since been suggested that to deport all of the irregular migrants from the UK would take 20 years and cost up to £12 billion. Patrick has lived in the UK for 16 years. Nora’s appeal was eventually allowed after two years and she was recognised as a refugee. Immigration law changes very rapidly, though. The earliest that someone can have an application granted under the 10 year rule is 28 days before completing the qualifying period of 10 years. The UK experienced a net immigration bump of 313,000 people in the year ending March 2020, according to new statistics, with the majority of arrivals coming from outside the European Union. For example: If an applicant does not fall into one of the exceptions above, a period of overstay will mean that the “10 year clock” will need to restart from the time immediately after the overstay. It can be difficult to have full control over timing once the application is submitted, so wherever possible applicants should apply no earlier than 28 days before 10 years are on the clock. When she claimed asylum, she was lawfully in the UK as a student and she was granted immigration bail. Had it not been for the Home Office’s first erroneous decision, the applicant could have returned to the UK within six months. The 7 and 10 year residence periods for children will be more widely available, but obviously only to children. In particular, the person is not allowed more than 18 months outside the UK in total, which is a period of 540 days. Ono is a student from Nigeria. According to the Home Office policy, individuals cannot be absent from the UK for any period in excess of six months at once or 540 days in total. His family is wealthy and he was sent to the UK to be educated from age 11. To succeed under the 10 year rule, the applicant must have been lawfully resident in the UK. These are looked at below. Last updated at 12:15 18 September 2007 He will be eligible to apply under the 20 year rule on 2 October 2025, 17 years and 11 months after 2 November 2007. The biggest challenge for those who wish to apply under the 20 year rule is providing documentary evidence to demonstrate that you have lived in the UK throughout this time. Experienced lawyers check for mistakes & issues. The Long Residence guidance covers some situations which seem to fall outside the rules. It is not confined to the mere ability to find a job or to sustain life while living in the other country. The first time was in September 2014. Comments (0) Fri, 2002-04-12 10:58 AM. This is because the applicant has not completed the required period of leave in the UK. Paragraph 276B does not stand alone; other nearby paragraphs define some of the words and terms used. Has permission to be in the UK when he or she returns. Immigration Rule 276ADE(1)(v) allow applicants aged between 18 and 24 years old who have spent half of their life living continuously in the UK to apply for leave to remain. You must apply online but you also need to provide information and documents. Removals of failed asylum seekers nosedived from 2005 onwards, from 16,000 to just over 5,000 in 2017. We can see from this paragraph that leaving the UK is broadly permitted, as long as the person: There is one exception to the requirement of having permission at the time of leaving and returning to the UK. Have you lived in the UK for the required number of years? Key features of 20-year rule are that: Residence shall not be considered to be broken where the applicant is absent from the UK for a period of six months or less at any one time, provided that the applicant had leave to remain and leave to enter upon departure and return. If you would like to understand further how to make this application, it is necessary to examine the various elements of this rule. I have day of birth certificate from back home as age 12. The 14 year rule was replaced with the 20 year rule. Illegal immigrants do not have the right to remain in the UK. On 30 November 2016, Ono’s student leave expired. But there are complications and qualifications. Under paragraph 276B of the Immigration Rules, a person with 10 years continuous and lawful residence in the UK can apply for Indefinite Leave to Remain. Lara has lived in the UK since 10 May 2007. 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