Long Residence Life

Page 1 of 67 Guidance - Long residence and private life v11.
0 Valid from 11 November 2013

Long residence and private life

This guidance is based on the Immigration Rules.

Page 2 of 67 Guidance Long residence and private life version 11.0 Valid from 11 November 2013

About this guidance
Key facts

Entry and extension
requirements

Indefinite leave
requirements

Granting or refusing

Dependants

Considering an
application in the private
life route

This guidance tells you how to consider settlement and leave to remain (LTR) applications
from people applying on the basis of long residence in the UK.

This guidance is based on the Immigration Rules. See related link for the Immigration Rules.

The rules on long residence recognise the ties a person may form with the UK over a
lengthy period of residence here.

Settlement can be granted under paragraphs 276A-276D of the Immigration Rules after a
period of 10 years continuous lawful residence.

Before 9 July 2012 it was possible to grant long residence after a period of 14 years
continuous residence, but that provision was removed by changes to the Immigration Rules
on that date.

However, a person granted an extension of stay following an application made before 9 July
2012 can still be considered under the rules in force before that date. This means a person
granted leave to remain on the basis of 14 years residence in the UK can still be granted ILR
once the requirements are met.

Paragraph 276ADE of the Rules provides for a person to be granted leave to remain on the
grounds of private life on the basis of long residence in the UK.

For guidance on people who were settled in the UK on or before 1 January 1973, see
related link: People who were settled in the UK on 1 January 1973.

Changes to this guidance This page tells you what has changed since the previous
version of this guidance.

Contact This page tells you who to contact for help if your senior caseworker or line
manager cant answer you question.
In this section

Changes to this
guidance

Contact

Information owner

Related links

Links to staff intranet
removed

External links

Immigration Rules
276A-276D


Information owner This page tells you about this version of the guidance and who owns it.

Safeguard and promote child welfare This page explains your duty to safeguard and
promote the welfare of children and tells you where to find more information.


Changes to this guidance
Key facts

Entry and extension
requirements

Indefinite leave
requirements


Dependants

Considering an
life route

This page lists changes to the long residence and private life guidance, with the most recent
at the top.

Date of the change Details of the change
11 November 2013 Six month review by the modernised guidance
team:

Minor housekeeping changes.

20 May 2013 Six month review by the modernised guidance
team:

Minor housekeeping changes.

For previous changes to this guidance you will
find all earlier versions in the archive. See
related link: Long residence Archive.

Related links

See also

Contact

Information owner

removed

Page 5 of 67 Long residence and private life version 11.0 Valid from 11 November 2013
Key facts
This page shows you the key facts for the 10 year long residence route.

Category: Long residence
Eligibility requirements Indefinite leave
The applicant must meet the following requirements:

The applicant must have:
o 10 years continuous lawful residence
There are no reasons why it would be against the public
interest to grant leave, taking into account the applicants:
o age
o strength of connections to the UK
o personal history, including character, conduct,
associations and employment record
o domestic circumstances
o compassionate circumstances
o any representations received on the persons behalf
The applicant must meet the knowledge of language and
life requirement.
The applicant must not fall for refusal under the general
grounds for refusal.
Applicants must not be in breach of immigration laws,
except for any period of overstaying:
o for 28 days or less which will be disregarded, or
o if the application was submitted before 9 July 2012.

Leave to remain
The applicant must meet all the requirements to be granted
indefinite leave except:

the knowledge of language and life requirement, and
not to fail under the general grounds for refusal.

Application forms Application made outside UK - Not applicable
Extension (within UK) - FLR(LR)
Indefinite leave to remain - SET(LR)
Cost of application: Fees for Home Office services.

Entry clearance mandatory? No
Is biometric information
required for applications
made in the UK?
No
Code of leave to remain
granted
The same code as their last grant of leave if the applicant has
10 years continuous lawful residence.
Entry clearance
endorsements
Not applicable
Conditions of limited leave to If the applicant has 10 years continuous lawful residence the
Page 6 of 67 Long residence and private life version 11.0 Valid from 11 November 2013
remain same conditions as their last grant of leave.
How long is limited leave to
remain normally granted for?
Two years
Are dependants allowed? No
Work and study allowed? Yes
Switching into this category
allowed?
Yes
Does this category lead to
settlement (indefinite leave to
remain)?
Not applicable
Is knowledge of language
and life required?
No for a grant of leave to remain and yes for a grant of ILR
CID case type Long Residency (10 Year) - ILR
Long Residency (10 Year) - LTR
Immigration Rules
paragraphs
276A-276D

Entry and extension requirements
Key facts

Entry and extension
requirements

Indefinite leave
requirements


Dependants

Considering an
life route

This page tells you about the entry and extension requirements for the long residence
category.

Before considering an application you must check:

the application is valid
the applicant's passport or travel document is genuine, and
there are no general grounds for refusal.

For more information, see related links:

Specified application forms and procedures
IDI - passports & travel documents
General grounds for refusal.

Entry requirements
There is no provision in the long residence rules to grant indefinite leave to enter. This
means a person not previously granted leave to enter the UK, for example, because they
were on temporary admission, cannot qualify under the rules.

However, if they meet all the other requirements of rule 276B, discretion can be exercised to
grant them six months code 1 outside the Immigration Rules, so they can make an
application in the UK.

Extension requirements
Before 2 April 2007 it was not possible to grant limited leave to remain on the basis of long
residence. On 2 April 2007, paragraph 276A1 and paragraph 276A2 were added to the
Immigration Rules.

This allows long residence applicants to be granted an extension of limited leave to remain,
if :
Related links

Early applications

10 years continuous
lawful residence

See also

removed

External links

Immigration Rules
276A-276D


they have had at least 10 years lawful residence in the UK
there are no reasons why it would be undesirable for them to be given leave to remain,
see related link: 10 years continuous lawful residence
they have not been in breach of the immigration laws, except for any period of
overstaying:

The extension of limited leave to remain is granted under paragraph 276A2 of the long
residence category of the Immigration Rules, and not as an extension of their previous
category of limited leave to remain. This means an applicant must meet the rules for long
residence, and not the rules for their previous category.

You must only grant an extension of further leave on the basis of long residence if the
applicant meets all the criteria in paragraph 276B (i), (ii) and (v). You must not grant an
applicant an extension in order to complete the qualifying period of 10 years for long
residence, if they have not spent enough time in the UK to be granted indefinite leave. For
more information, see related link: Early applications.

For more information on the knowledge of language and life requirement, see related link:
Knowledge of language and life in the UK.

Indefinite leave requirements
Key facts

Entry and extension
requirements

Indefinite leave
requirements


Dependants

Considering an
life route

This section tells you about the requirements applicants must meet to qualify for indefinite
leave to remain on the basis of long residence after 10 years continuous lawful residence in
the UK.

Before considering an application you must check:

the application is valid
the applicant's passport or travel document is genuine, and
there are no general grounds for refusal.

For more information, see related links:

Specified application forms and procedures
IDI - passports & travel documents

Requirements for long residence
The applicant must meet the following requirements to be granted indefinite leave:

The applicant must have at least 10 years lawful residence in the UK.
There must be no reason why granting leave is against the public good.
The applicant must meet the knowledge of language and life requirement.
The applicant must not fall for refusal under the general grounds for refusal.
The applicant must not be in the UK in breach of immigration laws except for any
period of overstaying:

For more information on overstaying, see related link: Applications from overstayers (non
family members).
In this section

10 years continuous
lawful residence

Consideration of
relevant points

Related links

removed

External links

Immigration Rules
276A-276D


For more information on these requirements, see links in this section:

10 years continuous lawful residence
Consideration of relevant points.

For more information on the knowledge of language and life requirement, see related link:
Knowledge of language and life in the UK.

10 years continuous lawful residence
Key facts

Entry and extension
requirements

Indefinite leave
requirements


Dependants

Considering an
life route

This section tells you how to decide whether an applicant has been continually lawfully
resident in the UK when considering long residence applications.

The applicant must meet the following requirements, to be granted indefinite leave:

The applicant must have at least 10 years lawful residence in the UK.
There is no reason why it would be undesirable to grant indefinite leave to remain
because of public interest issues. To check you must take account of the applicants
personal history, including:
o character
o conduct
o associations and employment record, for more information, see related link:
Consideration of relevant points.
The applicant must meet the knowledge of language and life in the UK requirement.
For more information, see related link.
The applicant must not fall for refusal under the general grounds for refusal, see
related link.
The applicant must not be in the UK in breach of immigration laws except for any
period of overstaying:

For more information on overstaying, see related link: Applications from overstayers (non
family members)

Once an applicant has built up a period of 10 years continuous lawful residence, there is no
limit on the length of time afterwards when they can apply. This means they could leave the
UK, re-enter and apply for settlement based on a 10 year period of continuous lawful
residence they built up in the past.

Time the applicant has spent in the UK with 3C leave also counts towards lawful residence.
In this section

Breaks in continuous
residence

Early applications

Examples of continuous
residence

Breaks in lawful
residence

Out of time applications

Treatment of temporary
admission

Time awaiting a
decision on an
application or appeal

Time spent in the UK
with a right to reside
under EEA regulations

Time spent in UK while
exempt from
immigration control

For more information, see related link: Time awaiting a decision on an application or an
appeal.

Definition of continuous lawful residence
Lawful residence is defined in paragraph 276A of the Immigration Rules as a period of
continuous residence in which the applicant had one of the following:

existing leave to enter or remain
temporary admission within section 11 of the 1971 Immigration Act where leave to
enter or remain is subsequently granted
an exemption from immigration control, including where an exemption ceases to apply
if it is immediately followed by a grant of leave to enter or remain.

Residence in the UK
The UK consists of Great Britain and Northern Ireland. Time spent in the Republic of Ireland,
Channel Islands or the Isle of Man does not count as residence in the UK for the purposes
of long residence even though they form part of the common travel area.

For more information on continuous lawful residence, see links in this section:

Breaks in continuous residence
Early applications
Examples of continuous residence
Breaks in lawful residence
Treatment of temporary admission
Time awaiting a decision on an application or appeal
Time spent in the UK with a right to reside under EEA regulations
Time spent in UK while exempt from immigration control
Examples of continuous lawful residence.

lawful residence

Related links
Consideration of
relevant points

removed

External links

Immigration Rules
276A-276D


Breaks in continuous residence
Key facts

Entry and extension
requirements

Indefinite leave
requirements


Dependants

Considering an
life route

This page tells you when continuous residence is considered to have been broken for the
purpose of long residence applications.

Events that break continuous residence
Continuous residence is considered to be broken if the applicant has:

been absent from the UK for a period of more than 180 days at any one 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
spent a total of 540 days outside the UK throughout the whole 10 year period.

Time spent outside the UK
Continuous residence is not considered broken if the applicant:

is absent from the UK for 180 days or less at any one time, and
had existing leave to enter or remain when they left and when they returned this can
include leave gained at port when returning to the UK as a non visa national, see
related link: Information for non-visa nationals.

If the applicant had existing leave to enter or remain when they left and returned to the UK,
the existing leave does not have to be in the same category on departure and return. For
example, an applicant can leave the UK as a Tier 4 (General) student and return with leave
as a spouse of a settled person. Continuous residence is not broken as the applicant had
valid leave both when they left and returned to the UK.

If an applicant was in the UK with a right to reside under European Economic Area (EEA)
regulations when they left the UK and was re-admitted under the EEA regulations,
continuous residence is not broken.

Time spent in prison
Continuous residence is broken if an applicant receives a custodial sentence by a court of
In this section

Early applications

residence

Breaks in lawful
residence


admission

Time awaiting a
decision on an


exempt from
immigration control

lawful residence

External links
law and is sent to:

prison
a young offenders institution, or
a secure hospital.

Any time the applicant spends in one of the above establishments does not count as
continuous leave for the purposes of meeting 276A and 276D of the Immigration Rules. Any
leave accumulated before sentencing will be disregarded and only residence after release
from custody will be counted as continuous residence.

Continuous residence is not broken if an applicant receives a suspended sentence from a
court of law.

Calculating absence from the UK
You must check carefully:

information on the application form
any UK exit and entry stamps in the passports
the landing cards section on warehouse to confirm when the applicant entered the UK.

You must be satisfied there is enough evidence to show the applicant has been in the UK
continuously for 10 years required under the rules.

Immigration Rules
276A-276D

Information for non-visa
nationals


Early applications
Key facts

Entry and extension
requirements

Indefinite leave
requirements


Dependants

Considering an
life route

This page tells you what you must do if you receive an application for indefinite leave on the
basis of long residence before an applicant has completed their period of 10 qualifying
leave.

You must consider all valid applications, even if the applicant has not yet completed the
necessary qualifying period for indefinite leave. The long residence rule requires applicants
to have at least 10 years continuous residence in the UK before they can qualify for
indefinite leave.

Applications received more than 28 days before the required qualifying period is
completed
You must refuse applications received more than 28 days before the applicant completes
the required qualifying period for long residence. This is because the applicant has not
completed the required period of leave in the UK.

You must fully consider the case and mention any other reasons for refusal in addition to the
applicant not spending enough time in the UK to complete the qualifying period. For
example, all breaks in continuous residence.

Applicants who are refused under the long residence rules due to them submitting their
application too early can re-apply once they have completed their qualifying leave or up to
28 days before this.

Applications received 28 days or less before the required qualifying period is
completed
You can grant if an application if it is received 28 days or less before the applicant
completes the required qualifying period, provided they meet all the other rules for long
residence.

In this section
residence
residence
Breaks in lawful
residence
admission
Time awaiting a
decision on an

exempt from
immigration control

lawful residence

External links
Immigration Rules
276A-276D



Examples of continuous residence
Key facts

Entry and extension
requirements

Indefinite leave
requirements


Dependants

Considering an
life route

This page gives you examples of when you must grant or refuse a long residence
application when considering the continuous residence requirement.

Example 1

A person enters the UK on 1 September 2004 with entry clearance as a student which
is valid until 31 October 2005.
On 5 November 2005, after their previous leave expired, the person leaves the UK.
On 5 January 2006 the person re-enters the UK with valid entry clearance as a
student.

Question Has continuous residence been broken?
Answer Yes. The person did not have valid leave on the date of their departure, so
continuous residence has been broken.

Example 2

A person enters the UK on 1 September 2004 with entry clearance as a student which
is valid until 31 October 2005.
On 25 October 2005, before the previous leave expired, the person departs the UK.
On 5 January 2006 the person re-enters the UK with valid entry clearance as a
student.

Question Has continuous residence been broken?
Answer No. The person had valid leave on the date of their departure and on the date
of their return to the UK, and the time spent outside the UK was less than six
months. Continuous residence has been maintained, even though the person
entered the UK with a fresh grant of leave.
In this section
residence
Early applications
Breaks in lawful
residence
admission
Time awaiting a
decision on an
exempt from
immigration control
lawful residence

External links
Immigration Rules
276A-276D

Breaks in lawful residence
Key facts

Entry and extension
requirements

Indefinite leave
requirements


Dependants

Considering an
life route

This page tells you about circumstances that break lawful residence for long residence
applications and when you can use discretion for short breaks in lawful residence.

Time spent outside the UK
Continuous lawful residence is not broken if the applicant has a gap of leave outside the UK
of six months or less. For example, applicants who leave the UK before their valid leave
expires and obtain fresh entry clearance and re-enter the UK do not break continuous lawful
residence, providing the absence from the UK is less than six months. See example 1
below.

Continuous lawful residence is broken if the applicant:

has a gap of leave of more than six months, or
departs the UK after their valid leave has expired.

Discretion for breaks in lawful residence
You must always discuss the use of discretion with a senior caseworker. You must be
satisfied the applicant has acted lawfully throughout the whole 10 year period and has made
every effort to obey the Immigration Rules. The decision to exercise discretion must not be
taken without consent from a senior executive officer (SEO) or equivalent.

Gap(s) in lawful residence
You may grant the application if an applicant:

has short gaps in lawful residence through making previous applications out of time by
no more than 28 calendar das, and
meets all the other requirements for lawful residence.

You can use your judgement and use discretion in cases where there may be exceptional
reasons why a single application was made more than 28 days out of time. For example,
exceptional reasons can be used for cases where there is:
In this section

residence

Early applications

residence


admission

Time awaiting a
decision on an


exempt from
immigration control

lawful residence

External links

a postal strike
hospitalisation, or
an administrative error made by the Home Office.

Examples of gaps in lawful residence
The examples below show some instances when it may or may not be appropriate to grant
the application. This is not a complete list and you must judge each application on the
information it contains and discuss this with a senior caseworker.

Example 1
An applicant has a single gap in their lawful residence due to submitting an application
seventeen days out of time. All other applications have been submitted in time, throughout
the 10 years period.

Question Would you grant the application in this case?
Answer Grant the application as the rules allow for a period of overstaying of 28
days or less.

Example 2
An applicant has three gaps in their lawful residence due to submitting three separate
applications out of time. These were 9, seventeen and twenty four days out of time.

Question Would you grant the application in this case?
Answer Yes. Grant the application as the rules allow for a periods of
overstaying of 28 days or less.

Example 3
An applicant has a single gap in their lawful residence due to submitting an application 34
days out of time. The applicant has provided a letter from their consultant stating they were
hospitalised during this period.

Question Would you be right to use discretion in this case?
Answer Yes. Even though the application was more than 28 days out of time,

Immigration Rules
276A-276D

the applicant has proved there were exceptional reasons for the late
application and has tried to maintain lawful residence throughout the
rest of the 10 year period. You must confirm this with your senior
executive office (SEO) senior caseworker.


Key facts

Entry and extension
requirements

Indefinite leave
requirements


Dependants

Considering an
life route

This page tells you about out-of-time applications submitted for 10 years long residence
applications.

The Immigration Rules were amended with effect from 1 October 2012. The changes affect
applications which were made on or after 9 July 2012 and are decided on or after 1 October
2012.

If the continuous residence period includes periods of overstaying before further leave being
granted before 1 October 2012, you may disregard these periods for indefinite leave to
remain (ILR) provided the period does not exceed 28 days.

For applications made before 9 July 2012 there is no requirement for applications for
indefinite leave to remain (ILR) to be made in-time under the 10 years long residence rules.

For applications made on or after 9 July 2012 an applicant applying for an extension of stay
or indefinite leave to remain (ILR) on the basis of long residence must not be in breach of
the Immigration Rules. However, for the purposes of the application a period of overstaying
of 28 days or less on the date of application will be disregarded.

Out of time applications made before 9 July 2012
Out of time applications can qualify for a grant of ILR, providing the applicant has:

previously built up an unbroken 10 year period of continuous lawful residence in the
UK before their leave expired, and
meets all the other criteria of the 10 year long residence rules.

If the applicant does not meet the above conditions, you must refuse their application.

Out of time applications made on or after 9 July 2012
Applicants for an extension of stay or ILR must not have overstayed by more than 28 days
on the date of application. The 28 day period of overstaying is calculated from the latest of
In this section

residence

Early applications

residence

Breaks in lawful
residence

admission

Time awaiting a
decision on an


exempt from
immigration control

lawful residence

the:

end of the last period of leave to enter or remain granted
end of any extension of leave under sections 3C or 3D of the Immigration Act 1971, or
the point that a migrant is deemed to have received a written notice of invalidity, in line
with paragraph 34C or 34CA of the Immigration Rules, in relation to an in-time
application for further leave to remain.

When refusing an application on the grounds it was made by an applicant who has
overstayed by more than 28 days, you must consider any evidence of exceptional
circumstances which prevented the applicant from applying within the first 28 days of
overstaying.

The threshold for what constitutes exceptional circumstances is high, but could include
delays resulting from unexpected or unforeseeable causes. For example:

Serious illness which meant the applicant or their representative was not able to submit
the application in time. This must be supported by appropriate medical documentation.
Travel or postal delays which meant the applicant or their representative was not able
to submit the application in time.
Inability to provide necessary documents. This would only apply in exceptional or
unavoidable circumstances beyond the applicants control. For example:
o it is the fault of the Home Office because it lost or delayed returning travel
documents, or
o there is a delay because the applicant cannot replace their documents quickly
because of theft, fire or flood. The applicant must send evidence of the date of loss
and the date replacement documents were sought.

Any decision to exercise discretion and not refuse the application on these grounds must be
authorised by a senior caseworker at senior executive officer (SEO) grade or above. When
granting leave in these circumstances, the applicant must be granted leave outside the rules
for the same duration and conditions that would have applied had they been granted leave
under the rules.

External links

Immigration Rules
276A-276D


Treatment of temporary admission
Key facts

Entry and extension
requirements

Indefinite leave
requirements


Dependants

Considering an
life route

This page tells you when temporary admission counts as lawful residence for 10 year long
residence applications.

Temporary admission only qualifies as lawful residence if leave to enter or leave to remain is
later granted. For example, if an applicant is granted leave following a period of temporary
admission, the time on temporary admission counts as lawful residence.

For an example of when temporary admission counts as lawful residence, see example 4 in
related link: Examples of continuous lawful residence.

For more information on temporary admission, see related link: 2.0 - Temporary Admission.

In this section

residence

Early applications

residence

Breaks in lawful
residence


Time awaiting a
decision on an


exempt from
immigration control

lawful residence

Related links

removed

External links

Immigration Rules
276A-276D


Time awaiting a decision on an application or appeal
Key facts

Entry and extension
requirements

Indefinite leave
requirements


Dependants

Considering an
life route

This page tells you when time spent in the UK awaiting a decision on an application or an
appeal counts as lawful residence for long residence applications.

Sections 3C and 3D of the Immigration Act 1971 both extend a person's leave in certain
circumstances.

To prevent applicants from becoming overstayers through no fault of their own, section 11 of
the Nationality, Immigration and Asylum Act 2002 introduced an amended Section 3C into
the Immigration Act 1971.

Section 3C extends leave when a person with leave to enter or remain makes an in-time
application. That is one made before their leave expires, but one in which their leave expires
before a decision on that application is reached. If a person has 3C leave, and their
application is refused, 3C leave continues until their appeal rights are exhausted. Section 3C
only applies to in-time applications.

If a person submits an out-of-time application, they will have a gap in continuous lawful
residence, from the date their leave expired until the date they are next granted leave,
regardless of how long it takes for the decision to be made. For an example of this, see
example 5 in related link: Examples of continuous lawful residence.

To prevent people becoming overstayers while exercising a right of appeal against a
decision to curtail or revoke leave to enter or remain, section 11 of the Immigration, Asylum
and Nationality Act 2006 added section 3D to the Immigration Act 1971. When leave to enter
or remain is curtailed or revoked, Section 3D extends it while an appeal is brought, while it is
pending, and continues until appeal rights are exhausted.

Both 3C and 3D leave count as existing leave to enter or remain in the UK, and therefore as
lawful residence for the purpose of the 10 year long residence rule.

A person cannot make a fresh application for leave while they have 3C or 3D leave pending
In this section

residence

Early applications

residence

Breaks in lawful
residence


admission


exempt from
immigration control

lawful residence

Related links

the outcome of a decision on their outstanding application. This means that someone who
reaches the 10 year threshold during this leave cannot apply for indefinite leave. This could
occur in the following two situations:

The applicant completes 10 years continuous lawful residence while awaiting a
decision on an application for further leave
If the application that has generated the 3C leave has not yet been decided, the applicant
can vary the grounds of that application to include a request for leave on the basis of long
residence. If a long residence application would attract a higher fee than the initial
application, the applicant must pay the balance before the varied application can be
considered. For more information, see related links:

05.0 - Section 3C of the Immigration Act 1971 (As Amended)
Specified application forms.

The applicant completes 10 years continuous lawful residence while awaiting a
decision of an appeal
A person may complete 10 years continuous lawful residence whilst they are awaiting the
outcome of an appeal and submit an application on this basis. Under sections 3C and 3D, it
is not possible to submit a new application while an appeal is outstanding. However, the
applicant can submit further grounds to be considered at appeal.

If the applicant has an outstanding appeal against a decision to refuse leave to remain or
indefinite leave to remain, and submits an application for long residence, you must void the
case and refund the fee. You must create a file or sub-file and mark it PRIORITY. You must
send the file or sub-file to the presenting officers unit (POU) dealing with the appeal. You
must send a letter to the applicant or their representative informing them their application
has been linked with their outstanding appeal. You must use Doc Gen letter ICD.3207 for
this purpose.

If the appeal is against a decision to curtail or revoke, and the immigration decision was
made on or after 31 August 2006, you must follow the same process but you must use Doc
Gen letter ICD.3258.

removed

External links

Immigration Rules
276A-276D

Immigration Act 1971

Immigration, Asylum
and Nationality Act 2006
Extended leave under previous legislation
You must be aware of legislation that was in force for extending leave before sections 3C
and 3D were amended. If the applicant lodged an appeal against a decision to refuse or
curtail leave prior to 3C and 3D being amended, their leave may have expired before their
appeal was heard. This means applicants who had appeals allowed before Sections 3C and
3D were amended may have breaks in their continuous lawful residence while their appeals
are pending.

Before 2 October 2000, people who made in time applications had their leave to remain
extended by the Variation Of Leave Order (VOLO). VOLO extended existing leave until a
decision was made on an application, and also extended leave by 28 days from the date the
application was refused or withdrawn. Leave was not extended further while an appeal was
pending.

Section 3D was introduced on 31 August 2006. Prior to this, it was possible for a person to
submit a fresh application while an appeal against curtailment or revocation of leave was
pending. Before 31 August 2006, an applicant's leave was not extended whilst their appeal
against curtailment or revocation was outstanding, but existing leave would not be
considered to have been cancelled until the date that appeal rights had been exhausted.

For further information on 3C and 3D leave, see related link: 05.0 - Section 3C of the
Immigration Act 1971 (As Amended).


Time spent in UK with a right to reside under EEA regulations
Key facts

Entry and extension
requirements

Indefinite leave
requirements


Dependants

Considering an
life route

This page tells you how to consider a long residence application when a person has spent
time in the UK with a right to reside under the European Economic Area (EEA) regulations.

Time spent in the UK does not count as lawful residence under paragraph 276A of the
Immigration Rules for:

third country nationals who have spent time in the UK as:
o the spouse, civil partner or other family member of an European Union (EU), or
o an EEA national exercising their treaty rights to live in the UK but have not qualified
for permanent residence
former family members who have retained a right of residence.

During the time spent in the UK under the provisions of the EEA regulations, the individuals
are not subject to immigration control, and would not be required to have leave to enter or
leave to remain. For more information, see related link: 05 Residence card applications.

However, you must apply discretion and count time spent in the UK as lawful residence for
family members of EU or EEA nationals exercising their treaty rights to reside in the UK, if
they meet all the other requirements for long residence.

This does not affect the rights of family members of EEA nationals to permanent residence
in the UK, where they qualify for it under Regulation 15 of the Immigration (European
Economic Area) Regulations 2006. For more information, see related link: Immigration
(European Economic Area) Regulations 2006 Regulation 15.

In this section

residence

Early applications

residence

Breaks in lawful
residence


admission

Time awaiting a
decision on an

exempt from
immigration control

lawful residence

Related links

removed

External links

Immigration Rules
276A-276D

Immigration (European
Economic Area)
Regulations 2006
Regulation 15


Time spent in UK while exempt from immigration control
Key facts

Entry and extension
requirements

Indefinite leave
requirements


Dependants

Considering an
life route

This page tells you when time spent in the UK counts as lawful residence for 10 year long
residence applications for applicants who are exempt from immigration control.

Time spent in the UK exempt from immigration control must be counted as lawful residence.
People exempt from immigration control include diplomats and members of the armed
forces.

Deemed leave
Deemed leave is the 90 days a person is given once their exemption period from
immigration control ends. By the end of the 90 days, the person must either

submit an application for leave, or
depart the UK.

A person on deemed leave does not receive an endorsement on their passport.

If a person submits an application to extend their stay in the UK within 90 days of their
exemption ending, and is later granted a period of leave, their continuous lawful residence is
not broken.

If a person remains in the UK, and does not submit an application for further leave after the
90 days deemed leave, their continuous lawful residence is broken.

For an example of time spent in the UK while exempt from immigration control counting as
lawful continuous residence, see example 5 in related link: Examples of continuous lawful
residence.

Effect on continuous residence
Continuous residence is not broken if a person:

leaves and then returns to the UK during a period of exemption, and
In this section

residence

Early applications

residence

Breaks in lawful
residence


admission

Time awaiting a
decision on an


lawful residence

Related links

continues to meet all other requirements of long residence, set out in paragraph
276A(a) of the Immigration Rules.

If a person leaves the UK following the end of their exemption and during their period of
deemed leave, continuous residence is not broken, even if they return to the UK after their
90 days deemed leaved has expired. This is providing they meet all the other long residence
requirements in paragraph 276A(a) of the Immigration Rules.

Continuous residence is not broken if a person is granted a short period of leave at the end
of their exemption and leaves the UK providing they:

return to the UK with a fresh grant of leave, and
meet all the other requirements of long residence in paragraph 276A(a) of the
Immigration Rules.

For more information on the long residence requirements, see related link: Immigration
Rules 276A-276D.

If a person applies for leave while they are still exempt, you must inform them their
application will be considered once their exemption ends.

For more information on exemptions, see related link: IDI persons exempt from control.

removed

External links

Immigration Rules
276A-276D


Examples of continuous lawful residence
Key facts

Entry and extension
requirements

Indefinite leave
requirements


Dependants

Considering an
life route

This page gives you examples of when it is appropriate to grant or refuse a long residence
application when considering lawful residence.

The examples below are not a complete list. You must consider each application on the
information it contains, and discuss this with a senior caseworker if necessary.

Example 1
A person has leave in the UK that expires on 15 September 2008. The person departs the
UK before their leave expired on 10 September 2008. Whilst the person is abroad, they
obtain fresh entry clearance and re-enter on the 30 October 2008.

Question Has continuous lawful residence been broken?
Answer No, the person was abroad while they had a gap in leave, so they have not
broken their continuous lawful residence.

If the person had departed the UK after their leave expired, they would have
spent time in the UK without lawful leave, and continuous lawful residence
would be broken.

Example 2
A person enters the UK on 31 March 2002 and is granted leave to enter. The person is then
granted a number of extensions, all of which are in-time applications. The last period of
leave the person was granted expired on 31 March 2012. The person applies for indefinite
leave to remain (ILR), on the basis of 10 years continuous lawful residence in the UK, after
their leave expired on 30 April 2012

Question Does the person meet the lawful residence requirement?
Answer Yes, the person built up 10 years continuous lawful residence before their
leave expired and the application for long residence was made before the 1
October 2012, therefore there is no requirement for the application to be in-
time. Had the application been made on after the 1 October 2012 the
In this section

residence

Early applications

residence

Breaks in lawful
residence


admission

Time awaiting a
decision on an


exempt from
immigration control

application would be refused as it would not meet the requirement to be in-
time except for overstaying for 28 days or less which will be disregarded, see
related link: Out of time applications.

Example 3
A person has leave to enter as a student, valid until 31 July 2011. The person submits an
out of time application for leave to remain on 15 September 2011. The person is granted
leave as a student on 15 October 2011

Question Is there a break in their lawful residence under the 10 years long residence
rules?
Answer Yes, the person submitted an out of time application. The person has a break
in their continuous lawful residence, from the date their leave expired on 31
July 2011, until the date they were granted leave as a student on 15 October
2011.

Example 4
A person applies for leave to enter at port on 31 January 1995, and is granted temporary
admission. The person remains on temporary admission until 27 June 2003, when they are
granted four years leave to enter until June 2007. On 1 February 2005, the person applies
for indefinite leave under the 10 years rule.

Question Has the person completed 10 years continuous lawful residence in the UK?
Answer Yes, as the person was granted leave in 2003 following a period of temporary
admission, their time on temporary admission between 1995 and 2003 counts
as lawful residence, and the person has been here lawfully for 10 years.

Example 5
A person working as a diplomat who was exempt from control ends their employment and
ceases to be exempt from immigration control on 31 December 2006. The person submits
an application for leave to remain on 1 February 2007, and is granted leave until 30 May
2009.

Question Has the person broken their continuous lawful residence?

External links

Immigration Rules
276A-276D

Answer No, the person has deemed leave until 31 March 2007 and submitted their
application before the deemed leave expired. This means that the person had
continuous lawful residence during this period.

Consideration of relevant points
Key facts

Entry and extension
requirements

Indefinite leave
requirements


Dependants

Considering an
life route

This section explains factors you must consider before granting indefinite leave to remain for
long residence applications.

On most occasions, a person who meets the requirements for continuous residence should
be granted indefinite leave to remain. This is unless a grant is against the public interest.

If an applicant has the required amount of continuous residence, they do not automatically
qualify for settlement, but can only be considered for a grant of further leave under the long
residence rules.

Under paragraphs 276B(ii), 276B (iii), 276B (iv) and 276B (v) of the Immigration Rules you
must consider the following points before granting indefinite leave in all cases:

276B (ii)
age
strength of connections in the UK
personal history, including character, conduct, associations and employment record
domestic circumstances
compassionate circumstances
any representations on the persons behalf.

For more information on each of these points, see in this section links.

276B (iii)
The applicant does not fall for refusal under the general grounds for refusal, see related link:

276B (iv)
The applicant has sufficient knowledge of the English language and sufficient knowledge
about life in the UK, unless they are under the age of 18 or aged over 65 at the time they
makes their application. For more information, see related link: Knowledge of language and
In this section

Age

Strength of connections
in the UK

Personal history

Domestic circumstances

Compassionate
circumstances

Representations
received on a persons
behalf

Related links


removed

External links

Immigration Rules
276A-276D

life in the UK.

276B (v)
From 1 October 2012 the applicant must not be in breach of the immigration laws, except for
any period of overstaying for a period for 28 days or less will be disregarded. See related
link: Out of time applications.

Restricted not for disclosure start of section

The information in this page has been removed as it is restricted for internal Home Office
use only.

Restricted not for disclosure end of section

You must assess the factors in paragraph 276B (ii) to decide whether a grant of indefinite
leave would be against the public interest. You must look at reasons for and against granting
indefinite leave using the factors listed and, where necessary, weigh up whether a grant of
indefinite leave would be in the public interest.

If the applicant has not completed the necessary period of residence, they will not be able to
satisfy the rules for long residence, regardless of any of the factors listed above. However,
even if an applicant has not completed the required period of residence and therefore falls
for refusal, you must also consider any reasons why the applicant may fall for refusal under
paragraph 276B(ii), and include these reasons in your refusal notice.

Some factors would suggest that it would be appropriate to refuse leave. You must weigh
those factors against the compassionate circumstances, if any and all the other
circumstances, such as strength of connections to the UK, domestic circumstances of the
case, and then decide whether a grant of indefinite leave would be against the public
interest.

It is important that you take into account all of the circumstances of the case before you
decide whether a grant of indefinite leave would be in the public interest.

You must not refuse leave to someone who has been in the UK for the required period
without consulting a senior caseworker. You must also consult guidance on refusing an
application on general grounds if refusing under paragraph 276B(ii). For more information,
see related link: General grounds for refusal.


Age
Key facts

Entry and extension
requirements

Indefinite leave
requirements


Dependants

Considering an
life route

This page tells you when a persons age may be a relevant factor when you are considering
a long residence application.

You must take an applicant's age into consideration in cases when you are considering
refusing on other relevant points under paragraph 276B(ii). You must consider whether an
applicant's age would weigh against refusal.

Age may be a relevant factor if the applicant is an unaccompanied child under the age of 18,
or if the applicant or their dependants have spent their formative years in the UK and
adapted to life here.

In this section

Consideration of
relevant points

in the UK

Personal history


Compassionate
circumstances

Representations
behalf

External links

Immigration Rules
276A-276D


Strength of connections in the UK
Key facts

Entry and extension
requirements

Indefinite leave
requirements


Dependants

Considering an
life route

This page tells you when a persons connections to the UK may be a relevant factor when
you are considering a long residence application.

The family life a person has in the UK must be taken into account in assessing the strength
of their connections to the UK. This may be particularly strong if they are married to or have
established a similar relationship with a settled person. The person may have other close
relatives settled in the UK. The strength and closeness of the relationship will determine how
strong a factor this may be. Similarly, if a person's close relatives are not in the UK, this may
call into question the strength of the person's connection to the UK.

Owning property or a business may support the view that an applicant has shown long term
commitment and a connection to the UK. However, on its own, this would not be a
significant factor. Factors such as the length of time the individual has owned the business
or property, or whether the business is legally operating must be considered. If someone
mentions their business interests as proof of commitment to the UK, they must provide
supporting documentary evidence. The applicant will be required to show further proof of
strong connections to the UK.

If the applicant has contributed positively to society, for example through significant
investment or charitable work, this may be another factor in their favour, although this is
unlikely to be decisive on its own.

In this section

Consideration of
relevant points

Age

Personal history


Compassionate
circumstances

Representations
behalf

External links

Immigration Rules
276A-276D


Personal history
Key facts

Entry and extension
requirements

Indefinite leave
requirements


Dependants

Considering an
life route

This page tells you when a persons personal history may be a relevant factor when you are
considering a long residence application.

Character, conduct and associations go beyond criminal convictions and allows you to
consider whether the applicant's activities in the UK or abroad makes it undesirable for you
to grant indefinite leave.

This could include concerns about the applicant on the basis of:

national security
war crimes
crimes against humanity
serious criminality, whether convicted or not, or
other activities that make the applicants presence in the UK not conducive to the
public good.

Applicants who do not satisfy the general grounds within the Immigration Rules now face
refusal under the rules for settlement. See related link: General grounds for refusal.

Applications for settlement on the basis of long residence must be refused if:

the requirements set out in paragraph 276B are not met
276B (ii) includes non conducive to the public good, and
276B (iii) includes any reason within the general grounds for refusal.

Restricted do not disclose start of section

use only.

In this section

Consideration of
relevant points

Age

in the UK


Compassionate
circumstances

Representations
behalf

Related links

removed

External links

Immigration Rules
276A-276D

use only.

Restricted do not disclose end of section

A history of anti-social behaviour or low level criminality might be grounds to refuse indefinite
leave, especially if it has led to the issue of an anti social behaviour order (ASBO).

The applicant's employment record will often be a significant consideration. You must
consider what the person has been doing while they have been in the UK, and what
economic contribution, if any, they have made. Whilst not having a sound employment
record is not in itself a reason to refuse leave, this along with strong ties with the UK would
count in a person's favour, if they have not been a burden on public finances but have, in
fact, contributed through income tax and national insurance contributions.

An applicant's conduct includes their immigration history. This will not be relevant in most
cases brought under the 10 year rule, because the requirement that residence must be
lawful implies that the applicant is not an immigration offender.


Key facts

Entry and extension
requirements

Indefinite leave
requirements


Dependants

Considering an
life route

This page tells you when a persons domestic circumstances may be a relevant factor when
you are considering a long residence application.

If the applicant has dependent children who have adapted to life in the UK, this could be a
factor against refusal on paragraph 276B(ii). If this is so, and you intend to refuse the case,
you must consider the Home Offices duty to safeguard and promote child welfare. For more
information, see related link: Safeguard and promote child welfare.

The presence of another settled person who is routinely dependant on the applicant, for
example a disabled relative, could also be a factor against refusal.

In this section

Consideration of
relevant points

Age

in the UK

Personal history

Compassionate
circumstances

Representations
behalf

Related links

removed

External links

Immigration Rules
276A-276D


Compassionate circumstances
Key facts

Entry and extension
requirements

Indefinite leave
requirements


Dependants

Considering an
life route

This page tells you when compassionate circumstances may be a relevant factor when you
are considering a long residence application.

It is not possible to define all potential compassionate circumstances, but it might,
depending on the circumstances, include:

significant or serious illness
frailty, or
particularly difficult family circumstances.

Compassionate circumstances are most likely to be relevant if the applicant has been here
for long enough to qualify for indefinite leave, but there are other factors, such as criminal
convictions or a bad immigration history, that suggests a grant of indefinite leave might not
be appropriate.

In this section

Consideration of
relevant points

Age

in the UK

Personal history


Representations
behalf

External links

Immigration Rules
276A-276D


Representations received on a persons behalf
Key facts

Entry and extension
requirements

Indefinite leave
requirements


Dependants

Considering an
life route

This page tells you when representations received on the person's behalf may be a relevant
factor when you are considering a long residence application.

All representations raised on behalf of the applicant must be carefully assessed, even if
these have been dismissed in previous applications. You must weigh those factors against
the compassionate circumstances, if any, and all the other circumstances of the case, and
then decide whether a grant of indefinite leave would be against the public interest.

In this section

Consideration of
relevant points

Age

in the UK

Personal history


Compassionate
circumstances

External links

Immigration Rules
276A-276D


Key facts

Entry and extension
requirements

Indefinite leave
requirements


Dependants

Considering an
life route

This section tells you how to grant or refuse long residence applications.

For more information, see links in this section:

Grant or refuse and extension of stay in the UK
Grant or refuse indefinite leave.

In this section

Grant or refuse and
extension of stay in the
UK

Grant or refuse
indefinite leave

External links

Immigration Rules
276A-276D


Grant or refuse an extension of stay in the UK
Key facts

Entry and extension
requirements

Indefinite leave
requirements


Dependants

Considering an
life route

This page tells you how to grant or refuse long residence applications for an extension of
leave in the UK.

Granting an extension
You must grant the applicant leave to remain on the basis of long residence if the applicant
meets all of the requirements of paragraph 276A2 of the Immigration Rules.
This includes applicants who have applied for indefinite leave to remain but they are unable
to meet 276B (iii) and/or (iv) which says that the applicant:
does not fall for refusal under the general grounds for refusal
has sufficient knowledge of the English language, and about life in the UK

unless they are under the age of 18 or aged 65 or over at the time they make their
application.

For more information see related links:

Entry and extension requirements
Immigration Rules 276A-276D

If the applicant has less than 20 years residence in the UK, you must grant two years leave
to remain on the same condition code they had in their previous grant of leave. This is even
if the applicant would not qualify for further leave in that category, were they to apply
separately for it or if that category no longer exists.

If the applicant has more than 20 years residence in the UK the grant of leave must not
contain any restriction on employment.

The extension of leave to remain is granted under paragraph 276A2 of the long residence
In this section

Grant or refuse
indefinite leave

Related links

Entry and extension
requirements

See also

removed

External links

Immigration Rules
276A-276D

category of the Immigration Rules, and not as an extension of their previous category of
leave to remain. Applicants must therefore meet the leave to remain rules for long residence
and not the leave to remain rules for their previous category.

If an applicant was granted an extension of stay on an application made before 9 July 2012
they will remain subject to the rules that were in force on 8 July 2012. This means an
applicant granted leave following 14 years long residence can be granted further leave or
indefinite leave to remain (ILR) on that basis, even though that provision no longer exists.

If you grant leave to remain in this category you must use the following statistical category:

X3 Other Extn other reasons.

Refusing an extension
You must refuse the application if the applicant:

does not meet the requirements of paragraph 276A1 of the Immigration Rules, and/or
general grounds for refusal apply.


Grant or refuse indefinite leave
Key facts

Entry and extension
requirements

Indefinite leave
requirements


Dependants

Considering an
life route

This page tells you how to grant or refuse applications for indefinite leave on the basis of
long residence.

Granting indefinite leave
You must grant the applicant indefinite leave on the basis of long residence if:

the applicant meets all of the requirements of paragraph 276B of the Immigration
Rules, and
none of the general grounds for refusal apply.

For more information see related links:

Indefinite leave requirements
Immigration Rules 276A-276D

If you grant indefinite leave to remain in this category you must use the following statistical
category:

6AA Long residency - Sett 10 LRC.

Refusing indefinite leave
You should normally refuse indefinite leave if:

the applicant does not meet the requirements of paragraph 276B, and/or
any of the general grounds for refusal apply.

As applicants in this category will have spent a number of years in the UK, there may be
human rights grounds to consider if the applicant does not satisfy the long residence
requirements. If these are raised specifically by the applicant you must consider the
In this section

Indefinite leave refusal
wording

Related links

Grant or refuse and
UK

Indefinite leave
requirements

See also

removed

External links

Immigration Rules
276A-276D

Appendix FM of the
Immigration Rules

following provisions:

Appendix FM, Paragraph EX.1. for claims on the basis of family life (see related link:
Appendix FM of the Immigration Rules)
Paragraph 276ADE for claims on the basis of private life (see link on left: Considering
an application in the private life route).

For examples of refusal wording, see link in this section: Indefinite leave refusal wording.

If you refuse the application, you must use the appropriate statistical code from the
following:

Long Residence - Refused Sett - KOL / ESOL - XOTRSLA01
Long Residence - Refused Sett - Criminality - XOTRSLA05
Long Residence - Refused Sett - Continuous Residence - XOTRSLA02
Long Residence - Refused Sett - Against public good - XOTRSLA03
Long Residence - Refused Sett - Combination of reasons failed - XOTRSLA04
Other - Refusal Settl. Premature Appl - X7.


Indefinite leave refusal wording
Key facts

Entry and extension
requirements

Indefinite leave
requirements


Dependants

Considering an
life route

This page provides suggested refusal wording for applications for indefinite leave for long
residence.

Reason for refusal and paragraph of the
Immigration Rules
Wording
Applicant has not completed 10 years
continuous lawful residence

Paragraph 276D with reference to
paragraph 276B(i)(a) and [276A...]
In view of [...] the Secretary of State is not
satisfied that you have had at least 10 years
continuous lawful residence in the United
Kingdom.
There is reason why it would be undesirable
to grant indefinite leave to remain because
of public interest issues, taking into account
the applicants personal history, including:

character
conduct
associations and employment record

paragraph 276B(ii)

You have applied for indefinite leave to
remain on the basis of your long residence
in the United Kingdom but, in the light of
[...], the Secretary of State has concluded
that it would not be in the public interest for
you to be given indefinite leave to remain.
Applicant does not satisfy the knowledge of
life requirement

paragraph 276B(iv)

In view of [...], the Secretary of State is not
satisfied that you have sufficient knowledge
of the English language and sufficient
knowledge about life in the United Kingdom
or that you are under the age of 18 or aged
65 or over at the time you made your
application.
Applicant falls for refusal under general In view of [...], your application falls for
In this section

Grant or refuse
indefinite leave

Related links

Grant or refuse and
UK

External links

Immigration Rules
276A-276D

grounds

paragraph 276B(iii)
refusal under the general grounds for
refusal.
Dependants applying in line with the main
applicant

Paragraph 322(1)

You have applied for indefinite leave to
remain as the husband/wife/civil
partner/unmarried partner/same sex
partner/child of a person who has spent 10
years/14 years long residence in the United
Kingdom but your application has been
refused, as the Secretary of State is not
satisfied that variation of leave to remain is
being sought for a purpose covered by the
Immigration Rules.


Dependants in a long residence application
Key facts

Entry and extension
requirements

Indefinite leave
requirements


Dependants

Considering an
life route

This page tells you how to consider applications from dependants of people applying under
the long residence rules.

Long residence dependants private life claims
There is no provision within the Immigration Rules for an applicant to include dependants on
a long residence application. You must refuse any dependants included on a long residence
application under paragraph 322(1) of the Immigration Rules.

However, if dependants have been included on a long residence application on a SET(O)
form in error, you must:

refuse the dependants under the long residence rules, and
consider any private life claim raised on behalf of the dependant as well as the main
applicant.

Dependants must make their own sole applications if they wish to rely on the 10 year long
residence rule.

From the 6 April 2013, you must only accept long residence applications on forms FLR (LR)
and SET (LR). Neither of these forms allow the applicant to include dependants.

Related links

Indefinite leave refusal
wording

See also

removed

External links

Immigration Rules
276A-276D

Immigration Rules 34D


Considering an application in the private life route
Key facts

Entry and extension
requirements

Indefinite leave
requirements


Dependants

Considering an
life route

This section tells you how to consider an application for leave to remain on the basis of
private life. The requirements for private life are set out in paragraph 276ADE of the
Immigration Rules.

Private life
The rules provide a basis on which a person can apply to remain in the UK on the grounds
of their private life in the UK. A person who is outside the UK cannot make an application to
enter the UK on the basis of their private life in the UK.

Applicants can apply directly for this route on a charged FLR(O) application form.
Alternatively, if they make an application on the basis of long residence and they do not
qualify under paragraph 276B(i)(a) (the 10 year long residence requirements), you must
consider the application under paragraph 276ADE (private life).

Paragraph 267AO of the rules provides for a valid application to be made on the basis of
private life to be waived where:

an Article 8 claim is raised as part of an asylum claim, or as part of a further submission
in person after the asylum claim has been refused
a migrant is in immigration detention
removal directions (IS.151D) have been set pending an imminent removal
Article 8 is raised in an appeal, and
Article 8 is raised in response to a section 120 (one stop) notice.

Application for leave to remain on the basis of private life
To qualify for leave to remain on the basis of private life an applicant must satisfy the
requirements of paragraph 276ADE. The applicant must be suitable and they must be
eligible. In considering applications, you must start by considering whether the applicant falls
for refusal under any of the suitability grounds in sections S-LTR 1.2 to S-LTR 2.3 or S-LTR
3.1 in Appendix FM of the Immigration Rules (see related link).

In this section

Suitability requirements

Requirements for
private life route

Evidence of continuous
long residence under
private life route

Assessing applicants
ties with their country of
origin

Exceptional
circumstances

Making decisions on
applications

Grant or refuse
indefinite leave on the
basis of private life

External links
Paragraph 276ADE of
the Immigration Rules

Appendix FM of the
Immigration Rules

Suitability requirements for private life route
Key facts

Entry and extension
requirements

Indefinite leave
requirements


Dependants

Considering an
life route

This page tells you the suitability requirements which applicants for the private life route
must meet.

Suitability requirements under paragraph 276ADE
To satisfy the suitability requirement of paragraph 276ADE an applicant for leave to remain
or further leave to remain must show that they do not fall for refusal under any of the
suitability grounds in sections S-LTR 1.2 to S-LTR 2.3 and S-LTR.3.1 in Appendix FM of the
Immigration Rules (see related link).

An applicant applying for indefinite leave to remain must not fall for refusal under any of the
suitability grounds at section S-ILR in Appendix FM of the Immigration Rules. See related
link.

The application must be referred to criminal casework for a decision if the applicant has
been convicted of an offence for which they have been sentenced to imprisonment for at
least 12 months.

If the applicant has been convicted of an offence or offences for which they have been
sentenced to less than 12 months imprisonment, you must consider whether the persons
presence in the UK is not conducive to the public good because their offending has caused
serious harm or they are a persistent offender who shows a particular disregard for the law.

For further information on serious harm and persistent offender, see related link:
Criminality guidance for Article 8 ECHR cases. Any cases which could potentially fall within
this category must be referred to the complex casework team who will consider the case.

In this section
Requirements for
private life route
private life route
origin
Exceptional
circumstances
Making decisions on
applications
Grant or refuse

Related links

removed

External links
Paragraph 276ADE of

Appendix FM of the
Immigration Rules


Requirements for private life route
Key facts

Entry and extension
requirements

Indefinite leave
requirements


Dependants

Considering an
life route

This page tells you the requirements which an applicant must meet in order to qualify for a
grant of leave in the private life route.

Requirements for a grant of leave on the basis of private life
If the applicant does not fall for refusal on the grounds of suitability (see related link:
Suitability requirements), you must consider whether they meet one of the eligibility
requirements of paragraph 276ADE(iii) to (vi) (the private life route), namely that the
applicant:

has lived continuously in the UK for at least 20 years (discounting any period of
imprisonment), or
is under the age of 18 years and has lived continuously in the UK for at least seven
years (discounting any period of imprisonment) and it would not be reasonable to
expect the applicant to leave the UK, or
is aged 18 years or above and under 25 years (under 25 means they can be aged up
to and including 24, but not aged 25 or over) and has spent at least half of their life
living continuously in the UK (discounting any period of imprisonment) or
is aged 18 years or above, has lived continuously in the UK for less than 20 years
(discounting any period of imprisonment) but has no ties (including social, cultural or
family) with the country to which they would have to go if required to leave the UK.

Continuous residence is defined in paragraph 276A of the rules. For more information, see
related link: 10 years continuous lawful residence.

Lived and/or living continuously means continuous residence. This is defined at
paragraph 276A of the rules, except that 276A(a)(iv) (residence broken by a period of
imprisonment) does not apply. An applicant applying on the basis of private life will not break
their continuous residence if they have time in prison. This is because:

time in prison will not be counted towards the period of residence, and
In this section


private life route

origin

Exceptional
circumstances

Making decisions on
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Grant or refuse

Related links

10 years continuous
lawful residence

removed

External links
time before and after imprisonment can be aggregated to make up the full amount of
time.

When you are considering whether it is reasonable to expect a child to leave the UK, you
must refer to the guidance on assessing the best interests of a child. See related links:
Guidance on paragraph EX1 consideration of a childs best interests under Appendix FM
(Family Rules).

Recourse to public funds
The policy on when it is appropriate to grant leave with recourse to public funds when
granting leave in the private life route is set out in the partner guidance. For more
information on when to give the migrant recourse to public funds, see section 8 of related
link: 1.0 Partners.

Paragraph 276ADE of


Evidence of continuous long residence in UK under private life route
Key facts

Entry and extension
requirements

Indefinite leave
requirements


Dependants

Considering an
life route

This page tells you what you must consider in terms of evidence of the period a person
applying in the private life route claims to have lived continuously in the UK.

Evidence of length of residence
You must consider all of the points raised by the person in relation to the application.
Decisions must not be taken on the basis of mere assertions by the applicant about their
residence in the UK and their ties with another country. You must carefully assess the
quality of any evidence provided.

To demonstrate length of residence in the UK, applicants will need to provide credible
evidence from an independent source, for example letters from a housing trust, local
authority, bank, school or doctor. You must be satisfied that the evidence provided has not
been tampered with or otherwise falsified, and that it relates to the person who is making the
application (see related link: Fraud and forgery).

To be satisfied the UK residence was continuous, you should normally expect to see
evidence to cover every 12 month period of the length of continuous residence, and travel
documents to cover the entire period, unless you are satisfied on the basis of a credible
explanation provided as to why this has not been submitted.

For an application made 28 days or less after the expiry of previous leave, when considering
a continuous period, you can disregard any periods of overstaying between periods of leave.

Dependants of long residence applications
From 6 April 2013 long residence applications must be made on application forms FLR (LR)
or SET (LR). These forms do not include provision to include dependants.

If you are considering a long residence application made before the 6 April 2013 which
includes dependants, and where the main applicant fails to meet the requirements for long
residence, you must consider both the main applicant and any dependants who have paid a
fee and been correctly included on the application form under paragraph 276ADE of the
In this section


Requirements for
private life route

origin

Exceptional
circumstances

Making decisions on
applications

Grant or refuse

Related links

removed

External links

Paragraph 276ADE of

Immigration Rules.

Dependants of private life applications
If the main applicant has applied directly for consideration under private life on the basis of
paragraph 276ADE, and has included dependents in their application, you must also
consider the private life of any dependants who have paid a fee and been correctly included
on the application.

This does not apply to applications in the points-based system (PBS) student or work routes
made after 9 July 2012. PBS applicants who wish to raise article 8 issues and have their
private or family life to be considered must make a separate application under Appendix FM
and/or paragraph 276ADE of the Immigration Rules.

For more information on Appendix FM, see related link.

Appendix FM of the
Immigration Rules


Assessing applicants ties with their country of origin
Key facts

Entry and extension
requirements

Indefinite leave
requirements


Dependants

Considering an
life route

This page tells you how to assess whether a person applying in the private life route has ties
with the country to which they would have to return if they were required to leave the UK
(which is normally their country of origin).

Assessing whether there are no ties (including social, cultural or family) with the
country of origin
When you assess whether an applicant has no ties (including social, cultural or family) with
the country to which they would have to go if required to leave the UK a tie means more
than just having the nationality of the country, or having remote or abstract links to the
country. It involves there being a continued connection to life in that country, something
which ties an applicant to their country of origin.

In considering whether there are social, cultural or family ties, the factors you must consider
are:

the length of time the person has spent in the UK
the length of time the person has spent in the country to which they would have to go if
required to leave the UK
the exposure the person has had to the cultural norms of that country
whether the person speaks the language of that country
the extent of the family and friends the person has in that country, and
the quality of the relationships the person has with those family members and friends.

More detail about how to assess these factors is provided below.

You must consider whether the person has enough knowledge or experience of, or
connection to, the country of origin to be able to form an adequate private life in that country.

You must decide the adequacy of that private life overseas by referring to what is normal in
that country, not by comparison with the private life they would enjoy were they to remain in
In this section


Requirements for
private life route

private life route

Exceptional
circumstances

Making decisions on
applications

Grant or refuse

the UK.

You must:

make a decision on the basis of evidence, and
carefully assess the quality of any evidence provided in support of the claim.

You must place less weight on assertions about private life which are not evidenced.

The fact that the applicant may find life difficult or challenging if they return to their country of
origin does not mean you must grant leave to remain. You must consider:

all relevant factors in the persons background, and
the conditions they are likely to face on return to the country.

A person does not need to have a connection under each of the social, cultural and family
headings, but you need to look at their ties to the country as a whole. For example, a
connection with the culture may be enough where a person has no family contacts
whatsoever.

When you consider whether there are social, cultural or family ties you should consider the
following.

Language
This is likely to be a key factor. Consider whether the applicant speaks:

an official language of their country of origin, or
a language that is commonly understood in parts of that country.

If they do, this suggests they could build an adequate private life in that country. For these
purposes, fluency is not required. An ability to communicate competently with sympathetic
interlocutors is sufficient.

Cultural background
Consider evidence of the applicants exposure to and level of understanding of the cultural
norms in the country of origin. Where the person has spent their time in the UK living mainly
amongst a diaspora community from their country of origin, then it may be reasonable to
conclude that they have cultural ties with that country even if:

they have never lived there, or
have been absent from that country for a lengthy period.

Length of time spent in the country of origin
Where the applicant has spent a considerable period living in the country of origin, it will be
difficult for them to demonstrate that they have no ties with that country.

You must consider:

the proportion of the persons life spent in that country, and
the stage of life the person was at when living in that country.

This is so you can decide whether they have had enough exposure to that country to be able
to form an adequate private life there. For example, if a person left their country of origin as
an adult or teenager, they will find it difficult to demonstrate they cannot return, even if they
have spent a long time in the UK. However, a person with a shorter period of residence in
the UK may not be able to return if they left the country at a very young age and have no
other ties to that country.

Family, friends and social network
An applicant who has family or friends in their country of origin should be able to turn to
them for support to help them to integrate into society on return. You must consider whether:

the applicant or their family have hosted visits in the UK by family and friends from their
country of origin, or
the applicant has visited family or friends in the country of origin.

You must consider the quality of these relationships, but they do not have to be strong
familial ties and can include ties that could be strengthened if the person were to return.

You must carefully consider all of the points raised by the applicant in support of their claim
to have private life in the UK. If the applicant falls for refusal under the rules, you must
consider whether there are any exceptional circumstances in the case which mean refusal
(and therefore removal from the UK) would result in unjustifiably harsh consequences for the
individual such that refusal of the application would not be proportionate under Article 8.

For more information, see related link: Exceptional circumstances.


Exceptional circumstances
Key facts

Entry and extension
requirements

Indefinite leave
requirements


Dependants

Considering an
life route

This page tells you about exceptional circumstances in private life applications and how to
decide whether they apply to an individual case.

Exceptional circumstances private life
Where an applicant has social, cultural or family ties with their country of origin, it is normally
appropriate to refuse the application. However, you can grant leave to remain outside the
rules if exceptional circumstances apply. You must consider whether there are exceptional
circumstances in every case in which the applicant falls for refusal under the rules.

Exceptional does not mean unusual or unique. Although all cases are to some extent
unique, those unique factors do not generally render them exceptional. A case is not
exceptional just because the criteria set out in the private life Immigration Rules have been
missed by a small margin.

Exceptional means circumstances when refusal (and therefore removal from the UK) would
result in unjustifiably harsh consequences for the individual such that refusal of the
application would not be proportionate under Article 8. This is likely to be the case only very
rarely.

To decide if a case is exceptional, you must make an overall consideration of the facts and
consider all relevant factors, such as:

The circumstances around the applicants entry to the UK and proportion of the time
they have been in the UK legally as opposed to illegally. Private life which involves the
applicant putting down roots in the UK and becoming involved in community life in the
full knowledge that their stay here is unlawful or temporary, and therefore precarious,
must be given less weight than private life formed by a person lawfully present in the
UK.
Any exceptional cultural or legal factors which prevent or severely limit the applicant
from enjoying private life in their country of origin. However, it is not simply the
existence of a restriction that will provide the person with grounds for leave to remain in
In this section


Requirements for
private life route

private life route

origin

Making decisions on
applications

Grant or refuse

Related links

removed

the UK. Instead, they must demonstrate that any restriction(s) fundamentally affects
their ability to enjoy their right to respect for private life in their country of origin. You
must consider whether the specific factors applicable in the applicants case would
result in unjustifiably harsh consequences for the applicant. The existence of one factor
may not result in an unjustifiably harsh outcome, but you must consider all relevant
factors, including the cumulative impact of these. If the applicant has a reason to fear
return and wishes to make a protection-based claim, they need to claim asylum. A
private life application is distinct from an asylum application.
Any specific barriers to communication which would prevent or severely limit the
applicant from enjoying private life in their country of origin. For example, a specific
disability which would make communication difficult in their country of origin. Where no
disability exists, or where a disability would not prevent an applicant from learning a
language, an inability to speak the language in the country of origin, or lack of fluency
in that language, would not normally be considered an exceptional factor where the
applicant could reasonably be expected to learn the language.
Cumulative factors, such as where the applicant has family members in the UK but
their family life does not provide a basis to remain, and they also have a significant
private life in the UK. For example a sibling relationship or an adult child and parent
relationship which does not normally qualify as family life under Article 8, even where
the individuals are particularly close. Although under the rules you consider family life
and private life separately and they are not cumulative, when you consider whether
there are exceptional circumstances which would make refusal of the application and
removal from the UK a breach of Article 8, you must take both family and private life
into account.

If you decide to grant a period of leave on the basis of exceptional circumstances, you must
grant it as leave outside the rules for a period of 30 months, and subject to the policy on
when it is appropriate to grant recourse to public funds which is set out in the partner
guidance.

For more information on when the applicant should be given recourse to public funds, see
section 8 of related link: 1.0 Partners. The applicant will be able to apply for settlement
after 120 months.

Long residence and private life applications

Making decisions on applications
Key facts

Entry and extension
requirements

Indefinite leave
requirements


Dependants

Considering an
life route

This page tells you about making decisions on private life applications.

Decisions on application for leave to remain on the basis of private life
If the applicant satisfies the requirements of paragraph 276ADE, limited leave to remain on
the grounds of private life in the UK should be granted for a period of 30 months, and
subject to the policy on when it is appropriate to grant recourse to public funds which is set
out in the partner guidance. For more information on when the applicant should be given
recourse to public funds, see section 8 of related link: 1.0 Partners. The applicant will be
able to apply for settlement after 120 months.

If the applicant does not meet the private life requirements set out in paragraph 276ADE,
and there are no exceptional circumstances which would mean that even though the
applicant does not meet the requirements of the rules, refusal and requirement to leave the
UK would be a breach of Article 8 (see related link: Exceptional circumstances), the
application must be refused.

In this section

Requirements for
private life route

private life route

origin

Exceptional
circumstances

Grant or refuse

Related links

removed

External links

Paragraph 276ADE of


Grant or refuse indefinite leave to remain on the basis of private life
Key facts

Entry and extension
requirements

Indefinite leave
requirements


Dependants

Considering an
life route

This page tells you where to find the requirements the applicant must meet in order to be
granted indefinite leave to remain.

Application for indefinite leave to remain on the basis of private life
To qualify for indefinite leave to remain on the basis of private life an applicant must satisfy
the requirements of paragraph 276DE. They must satisfy all of the suitability and all of the
eligibility requirements in order to qualify for indefinite leave to remain.

If the applicant does not meet the requirements for indefinite leave to remain on the grounds
of private life because they fail to meet the requirements of:

paragraph S-ILR 1.5 - their presence in the UK is not conducive to the public good
because they have been convicted of an offence for which they have been sentenced
to imprisonment for less than 12 months (unless a period of seven years has passed
since the end of the sentence)
paragraph S-ILR 1.6 - they have, in the two year period immediately before making the
application, been convicted of an offence for which they received a non-custodial
sentence, or other out of court disposal, recorded on their criminal record, or
they fail the knowledge of life requirement

you may grant a period of further limited leave for up to 30 months, subject to the policy on
when it is appropriate to grant recourse to public funds which is set out in the partner
guidance. For more information on when the applicant should be given recourse to public
funds, see section 8 of related link: 1.0 Partners.

In this section


Requirements for
private life route

private life route

origin

Exceptional
circumstances

Making decisions on
applications

Related links

removed

External links

Paragraph 276ADE of


Contact
Key facts

Entry and extension
requirements

Indefinite leave
requirements


Dependants

Considering an
life route

This page explains who to contact for more help with a specific case in the long residence
and private life category.

If you have read the paragraphs 276A-276D of the Immigration Rules and this guidance,
and still need more help with this category, you must first ask your senior caseworker or line
manager.

If the question cannot be answered at that level, you may email the operational policy and
rules unit (family and settlement), see related link: Email permanent migration operational
policy (settlement) team.

Changes to this guidance can only be made by the modernised guidance team (MGT). If
you think the policy content needs amending you must contact the operational policy and
policy (settlement) team, who will ask the MGT to update the guidance, if appropriate.

The MGT will accept direct feedback on broken links, missing information or the format, style
and navigability of this guidance. You can send these using the link: Email: Modernised
guidance team.

Related links

Changes to this
guidance

Information owner

removed

External links

Immigration Rules
276A-276D


Information owner
Key facts

Entry and extension
requirements

Indefinite leave
requirements


Dependants

Considering an
life route

This page tells you about this version of the long residence and private life guidance and
who owns it.

Version 11.0
Valid from date 11 November 2013
Policy owner Operational policy and rules unit (family and settlement)
Cleared by director Sonia Dower
Directors role Director, operational policy and rules
Clearance date 5 July 2012
This version approved for
publication by
Richard Short
Approvers role Grade 7, modernised guidance team
Approval date 8 November 2013

Changes to this guidance can only be made by the modernised guidance team (MGT). If
you think the policy content needs amending you must contact the operational policy and
policy (settlement) team, who will ask the MGT to update the guidance, if appropriate.

The MGT will accept direct feedback on broken links, missing information or the format, style
and navigability of this guidance. You can send these using the link: Email: Modernised
guidance team.

Related links

Changes to this
guidance

Contact

removed

External links

Immigration Rules
276A-276D

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Page 1 of 67 Guidance - Long residence and private life v11.

0 Valid from 11 November 2013

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