20 Years Long Residence

Q& A

Does the 20-year qualifying period include periods of illegal residence?
Yes it includes period of lawful leave, as well as illegal residence.

When will I break continuous residence?

Continuous residence is time you have spent in the UK without gaps.

Continuous reside will be broken if you have:

·     been absent from the UK for 180 days (6 months) at a time, or is absent from the UK for a shorter period but does not have valid leave to enter the UK on their return, or valid leave to remain on their departure from the UK

·     been removed or deported from the UK, or has left the UK following refusal of leave to enter or remain

·     left the UK and by doing so, showed a clear intention not to return

·     left the UK under circumstances in which they could have no real chance of returning to the UK lawfully

·     been convicted of an offence and been given a custodial sentence, or ordered to be detained in an institution other than a prison, such as a hospital or young offenders institute, not including suspended sentences

·     spent a total of 540 days (18 months) outside the UK throughout the whole 20-year period

Days of departure and return do not count towards the total: only whole days outside the UK which count.

Can I apply for indefinite leave to remain when I have 20 years continuous residence?

Notably you cannot obtain indefinite leave to remain (settlement) immediately under the 20-year rule unlike the 10-year rule of lawful residence. The 20-year long residence can lead to indefinite leave to remain but it is not automatic. You can only be granted for a limited leave no more than 30 months. However, you may apply for further leave if you continue to meet the requirements. Once you have accumulated a period of 120 months lawful residence you will then be able to apply for indefinite leave to remain. Therefore, it is 30 years from entry to the UK for you to apply for settlement under the 20-year rule.

How do I apply for the 20 years route?

You need to apply online. You need to prepare for documentary evidence to show that you have lived in the UK through 20 years.

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.

Was there another route with shorter time of residence required?
Yes there was a 14-year long residence rule but it was abolished in 2012 and it is no longer possible to make application for it. The new rule replaced is the 20 year rule.

What are the suitability grounds?
These are general grounds to refuse an application if there is evidence that your background, character, conduct or association show that they should not be permitted to remain in the UK. They are set out in paragraphs 320 and 322 of the Immigration Rules.

What is ‘very significant obstacles to integration’?

The test is very strict. The presumption of Home Office is that the applicant will be able to integrate into their country proposed return, unless they can demonstrate why that is not the case. Therefore the presumption is there is no very significant obstacles to integration the burden of proof otherwise is on the applicant. The following circumstances is set out in the guidance on Family life (as a partner or parent), private life and exceptional circumstances.

·     ‘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.’

·     ‘Where there is credible evidence that an applicant cannot speak any language which is spoken in the country of return, this will not in itself be a very significant obstacle to integration unless they can also show that they would be unable to learn a language of that country, for example because of a mental or physical disability.’

·     ‘Lack of employment prospects is very unlikely to be a very significant obstacle to integration – in assessing a claim that an absence of employment prospects would prevent an applicant from integrating in the country of return, their circumstances on return should be compared to the conditions that prevail in that country and to the circumstances of the general population, not to their circumstances in the UK.’

Despite the harsh guidance of Home Office, judges might take a softer view differently. In Secretary of State for the Home Department v Kamara [2016] EWCA Civ 813 Lord Justice Sales held that ‘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. It is not confined to the mere ability to find a job or to sustain life while living in the other country. 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. The idea of “integration” calls for a broad evaluative judgment to be made as to whether the individual will be enough of an insider in terms of understanding how life in the society in that other country is carried on and a capacity to participate in it, so as to have a reasonable opportunity to be accepted there, to be able to operate on a day-to-day basis in that society and to build up within a reasonable time a variety of human relationships to give substance to the individual’s private or family life.’

It is essential to particularize and set out in detail why it is you specifically would encounter significant obstacles to re-integration. Personal circumstances differ and quoting case law may not help (Parveen v Secretary of State for the Home Department [2018] EWCA Civ 932)

What is the difference between lawful residence and continuous residence?
According to Immigration Rules, Part 7, para 276A(b), lawful residence is continuous residence pursuant to:

·     existing leave to enter or remain

·     temporary admission within IA 1971, s 11 (as previously in force, ie before 15 January 2018), or immigration bail within IA 1971, s 11, where leave to enter or remain is subsequently granted. See Practice Note: Statement of Changes in Immigration Rules, HC 877-analysis-Other changes

·     exemption from immigration control, eg for a person working for an overseas embassy in the UK (see Practice Note: Crew members, diplomats and other exempt persons). This includes where an applicant ceases to be exempt from immigration control as long as that is followed by a grant of leave

Therefore, they are not the same and lawful residence is a continuous residence subject to additional requirements. For the purpose of 20-year route, only continuous residence is required. Notably time spent in the UK with a right of residence under EU law does not count as lawful residence because it is not required to have valid leave to enter or remain. However, it still counts as continuous residence.

Do I need to meet the English language requirement for this leave to remain application?
No you do not need to meet the English requirement.

What should I do if my application is refused?
You should have an in-country right of appeal against the refusal of your initial application unless the Home Office certify your human rights claim to be manifestly unfounded.

I was in prison for 3 months because of a criminal conviction but I have lived in the UK for 20 years. Can I apply for leave to remain on the basis of 20 years long residence?
You can still apply but your application may not succeed as your continuity of 20 years long residence is broken as a result of prison sentence.

Which application form should I use to submit initial application?
You should complete the FLR (FP) application form.

What documents can be accepted for my application?

It is held in Khan, R (on the application of) v Secretary of State for the Home Department [2016] EWCA Civ 416 that not only ‘official documents’ are acceptable evidence. Secretary of State can consider other evidence. It is recognized that those in the United Kingdom without leave, and therefore without status, will have no official documentation, particularly in the early period of their residence (para 61, per Lord Justice Beatson). Although the case concerned an application under the old 14 years long residence rule, the reasoning should apply equally to application for leave to remain on grounds of 20 years residence.

What money do I need to have for application?
There is no specific financial requirement for 20 years residence application. As long as you have the money to pay the application fee you are eligible to apply. However usually a condition of ‘no recourse to public funds’ is attached to successful application which mean you cannot rely on public fund for your living.

What can I do with the discretionary leave?

You can travel outside of the UK. You can return to the UK. You can take legal permission to work. You can claim benefits.