The immigration laws now offer people a chance to apply for indefinite leave to remain after ten years of continuous legal residency. Earlier, any type of stay permit that was part of a temporary or permanent immigration pathway was regarded as a lawful residence.
When Does The Home Office Plan To Adjust Lawful Residence Status?
The new rule was implemented on 12 April 2023. Don’t forget this does not include any temporary immigration categories, such as short-term student visas, guest visas, and temporary admission. Moreover, the government is also planning to exclude applications for asylum or humanitarian protection from legitimate residency.
Interestingly, the new changes became effective retroactively. As a result, applications filed before 13 April will be dealt with by following the old rules if the periods of residence under consideration start before 12 April 2023. Moreover, applications submitted later on will be treated in accordance with the new rules.
How Does The New Rule Affect People Living In the UK For Over Ten Years?
The new rule is highly significant for individuals living in the UK for more than ten years without applying for indefinite leave to remain. The rule doesn’t state if the ten years should be consecutive until the application is submitted.
When’s The Best Time To Take Action?
Immigration attorneys are requested to see if their clients lost their existing entitlements after the new rule was implemented. In addition to this, people who think they are eligible for indefinite leave to remain under the long residence provision are advised to consult legal counsel. This will allow them to ensure they didn’t lose their status after the new rules became effective.
Needless to say, accruing ten years of legal residence in the UK by visiting frequently is extremely unlikely for visitors. This is because they cannot be in the country for over 180 days in one year. Secondly, this will be brought to the attention of the border agency immediately. However, the gap between two long-term visas may be bridged by multiple visits, as far as continuous residence is concerned.
Do You Also Think The Changes Are Too Confusing?
You aren’t wrong. This is an aggravating modification since it is unfair to applicants waiting for a judgment. Plus, there is no system to motivate the Home Office to follow a deadline, and the obligation to choose within a fair timeframe depends on specific circumstances. Of course, the idea of a sufficient amount of time becomes vague due to longer and more frequent delays.
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