Introduction
The Home Office has updated its guidance on continuous residence in the UK for the ILR requirement under the 10-year family route. A person can now qualify for settlement in the UK after ten years of continuous residence.
How to qualify for Continuous Residence
The qualifying period must consist of time, with permission, of any of the following routes or a combination of any of these routes:
- Appendix FM as a partner or parent (except for permission as a fiancé or proposed civil partner);
- Family permission as a partner or parent (as described in grant letters or BRP);
- Private life under paragraph 276ADE or 276BE(2) before 20 June 2022;
- Appendix Private Life;
- Child of a person with limited leave as a partner or parent under Appendix FM;
- Leave outside the rules as a partner, a parent or a child ;
- Permission granted outside the Rules as a partner, a parent or child or because of private life based on Article 8 of the Human Rights Convention.
Alternatives
If the applicant does not have ten years qualifying period as above, the applicant can count time on any route leading to settlement. If the applicant:
- Did not enter the UK illegally;
- Has had permission as a partner (if applying as a partner) or parent (if applying as a parent) under Appendix FM for at least one year
Breaking Continuous Residence
An applicant will break continuous residence if they are absent for more than 180 days in any twelve months without permitted reasons. Unfortunately, this means that excessive absences from the UK will now prevent those on the ten-year route from applying for ILR. These provisions could benefit clients who have been in the UK for ten years under different routes and who have been granted Leave To Remain under the five or ten-year routes.
How Breytenbachs can help you
Please get in touch with us if you think you can benefit from the above provisions. You are also welcome to contact us for more information on the above provisions.
