All the way through the application and appeal process her status continued to be immigration bail. His total absences from the UK exceed 540 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. 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. For example, the policy states that where there are absences in excess of six months at once or 540 days in total: it may be appropriate to exercise discretion over excess absences in compelling or compassionate circumstances, for example where the applicant was prevented from returning to the UK through unavoidable circumstances. 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. departed the UK before 24 November 2016, but after the expiry of their leave to remain, and applied for fresh entry clearance within 28 days of that previous leave expiring, and returned to the UK within 6 months. The applicant will be granted leave to remain for a period of 30 months, in other words two and a half years. If there's no sexual activity going on. An illegal immigrant who dragged a 14-year-old girl from the street and raped her in his Bristol home is jailed for six years. However, there is a policy which may assist in some cases and which allows limited exceptions to be made. However, time spent in prison will not break continuous residence. The rule was abolished in 2012 and it is no longer possible to make use of it. 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. Lara has lived in the UK since 10 May 2007. Example He has leave as a student in the UK valid until 4 October 2014. The 20-year rule on long residence is contained in paragraphs 276ADE(i) and (iii) of the Immigration Rules. CNN hammers Fox News for covering alleged gang rape of 14-year-old by illegal immigrant He was in prison between 2 August 2007 and 2 November 2007. He applied for student leave on 6 September 2014, and this was granted. The extracts below illustrate how strict the test is, at least as far as the Home Office is concerned, and how officials are very rarely inclined to grant applications on this basis: Judges might take a more reasonable view. The only requirements to meet under the 20 year rule are: Therefore, where an applicant has had 20 years continuous residence in the UK, their application may only be refused on suitability grounds (generally on grounds of public good) or if their application is not valid (for example, they did not pay the correct fee). In order to qualify under the 10 year route you must also have passed the Life in the UK test and speak English at level B1. There used to be a rule which allowed a person to qualify for indefinite leave to remain after 14 years of continuous residence in the UK, where the residence could be lawful, unlawful or a mixture of both. 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. -within 14 days of any administrative review or appeal being concluded, withdrawn or abandoned. The UK Immigration Rules state that applicants who are refused under the Long Residence Rules, due to submitting their application too early, can reapply once they have completed their qualifying leave or, alternatively, up to 28 days before this. He could not apply before because he was admitted in hospital following an emergency and was only released on 3 December. [19] former Mayor of London Boris Johnson commissioned a study into a possible amnesty for illegal immigrants, citing larger tax gains within the London area which is considered to be home to the majority of the country's population of such immigrants. Patrick came to the UK from Ghana with his parents at the age of 4. The Long Residence guidance covers some situations which seem to fall outside the rules. 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. 09 NOV UK ASYLUM SEEKERS IN TROUBLE. Because her case was complex, no decision was made on her case for four years. Those who had periods of overstay can apply for limited leave to remain following 20 years’ continuous residence. This decline in removals is troubling. 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. As you may have noticed, there is seemingly an ever more pressing push by the British government to deal with illegal immigration in the UK. The total illegal immigrant statistics show that while immigration from Mexico may be declining, immigration from other countries is on the rise — up to a peak of 5.5 million in 2017. The 14 year rule was replaced with the 20 year rule. You can also call the Joint Council for the Welfare of Immigrants for help. In addition, the Long Residence guidance instructs caseworkers to consider exceptional circumstances when the period of overstay was longer than 28 days and prior to 24 November 2016. It is not appropriate to treat the statutory language as subject to some gloss and it will usually be sufficient for a court or tribunal simply to direct itself in the terms that Parliament has chosen to use. 0. 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. On 30 November 2016, Ono’s student leave expired. Immigration minister Liam Byrne maintained that the plans would put "too much pressure" on local services and "severely damage" the UK, an official position the government has held for well over a year. If the application is successful, an individual will be granted limited leave to remain for a period of 30 months. Under the 20 year rule a person does not have to have lived in the UK lawfully. 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