The earliest that someone can have an application granted under the 10 year rule is 28 days before completing the qualifying period of 10 years. At Danielle Cohen Solicitors we have the expertise and experience to be able to assist you with making these applications. They never left the UK until 2008, when the whole family relocated to Albania. The 14-year long residence rule was abolished in 2012 and it is no longer possible to make applications under this rule. He departs voluntarily on 6 October 2014, two days after the expiry of his leave. Residence shall not be considered to be broken where the applicant is absent from the UK for a period of six months or less at any one time, provided that the applicant had leave to remain and leave to enter upon departure and return. Thanks to Nath Gbikpi for her assistance with both the original and with subsequent updates. He has been living in the UK for 12 years in total. There is one exception to the requirement of having permission at the time of leaving and returning to the UK. Provided she continues to be lawfully present in the UK until then, she will be eligible to apply under the 10 year rule on 8 March 2020. In addition, Robert was not out of the UK for more than six months. There will be cases where people need to submit their application earlier than 28 days in advance, and the Home Office guidance confirms that, as long as the application is being considered 28 days or fewer before the qualifying period is completed, it should be granted. The meaning of continuous residence for the purposes of the 20 year rule is the same as for the 10 year rule. He might be able to succeed on a human rights claim, although it is likely to require an appeal. When a decision was finally reached she was refused asylum. With a virtual sea change in the government through last week's elections, that hard-line stance may be breaking in the very near future. 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: When assessing whether there are “very significant obstacles to integration into the country to which they would have to go if required to leave the UK”, the starting point is to assume that the applicant will be able to integrate into their country of proposed return, unless they can demonstrate why that is not the case. He is now 20. The information and commentary does not, and is not intended to, amount to legal advice to any person. A break in continuous residence will in effect restart the clock. Before the expiry of that five year period, Nora will be eligible to apply for indefinite leave to remain under the 10-year rule because she was on immigration bail and was then immediately granted leave. So living in the UK with leave to enter or remain is lawful for the purposes of a long residence application, as is temporary admission or bail (e.g. To succeed under the 10 year rule, the 10 years of residence must be continuous and lawful. He applied for fresh entry clearance within 28 days of that previous leave expiring, that is within 28 days of 4 October 2014. Thursday November 14 2019 , 12.01am, The Times. The UK Immigration Rules have changed. The basis of long residence recognises the ties a person may form with the UK over a lengthy period of residence in the UK. 9.Do I qualify for a British passport when I get indefinite leave to remain? If an applicant made an application within 14 days of his or her leave expiring the Secretary of State may decide to disregard a period of over-staying. This means a person granted leave to remain on the basis of the 14 years residence in the UK can still be granted indefinite leave to remain once the requirements are made. Illegal immigrant who benefited from DACA charged with murder of 16-year-old girl and rape of 14-year-old girl at house party Andrew Mark Miller 12/10/2020. GRANDVIEW, WA – On April 29, Yakima County sheriff’s deputies arrested Salvador Virrueta Chavez, after he reportedly forced himself on a 14-year-old girl, who he had apparently been ‘grooming’ for sexual purposes for some time. -The applicant must not fail on suitability grounds -The applicant must make a valid application -The applicant must have lived continuously in the UK for 20 years. Half of Patrick’s life is 10 years. The fact that these absences were beyond his control, occurred when he was a child and were for a very good reason are irrelevant under the rules and Matt cannot succeed under the rules. The Court of Appeal has also. He is now 20. Judges might take a more reasonable view. Is a 14 year old dating an 18 year old illegal? What is the 10 year rule on long residence? In doing so the Secretary of State can consider: -the refusal of the previous application; or, -the expiry of the leave as extended by section 3(c) of the Immigration Act 1971; or, -within the expiry of the time limit for making an in-time application for administrative review; or. The 14 year rule was replaced with the 20 year rule. Has permission to be in the UK when he or she returns. The information and commentary on this website is provided free of charge for information purposes only. Home office except me age 14. There is no equivalent provision for after November 2016 for those who have overstayed longer than 14 days. His family is wealthy and he was sent to the UK to be educated from age 11. All the way through the application and appeal process her status continued to be immigration bail. If you would like to understand further how to make this application, it is necessary to examine the various elements of this rule. 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