Settlement based on Long Residence
Posted on 11th May 2023 at 14:49
We were instructed by a client who had been been living in the UK for more than 10 years under different visa categories including Tier-4 student to PSW. His leave was expired and he became overstayed at times before getting his further visa extensions. He also made application based on Human Rights/Private Life in the UK in between as a bridge before completion of 10 years.
A cursory analysis and superficial review of his facts and unfamiliarity with the established case law could have surfaced few such gaps which would have interpreted as breakdown of ‘lawful’ and ‘continuous’ residence within the relevant 10 years period. Before being recommended to us, he was advised by a different legal professional not to apply Settlement based on his Long Residence.
Nevertheless, we assessed his immigration history thoroughly by going through his SAR records. We identified each and every single ‘gap’ within the last 10 years and worked it through in line with provisions of Paragraph 276B; 3C of the Immigration Act 1971 and the established case law of the Higher Courts on the subject.
Following this rigorous process, client’s Long Residence based Settlement application was submitted and approved without any further queries from the Home Office. This timely success saved our client a few years of wait in applying Settlement; making unnecessary further extension application and loads of funds in fees.
Most applications based on Long Residence can be fairly straight forward but seeking an expert opinion before making such an application is always advisable and considered a safer option.
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