Extension of Visa on Long Residence Basis

Further Leave to Remain on Long Residence Basis

In some cases the applicant who may not be eligible for indefinite leave to remain on long residence basis, may make an application for further leave to remain instead.

In what cases Further leave to remain may be sought instead of ILR?

The applicants may make application for further leave to remain in the UK under the following circumstances:

If he falls for refusal under the general grounds of refusal.

If he is unable to pass English language test B1 level or is unable to pass the life in the UK test.

The applicant however needs to fulfil the rest of the requirements to be given leave to remain on long residence basis.

The applicant must have lawfully lived in the UK for a qualifying period of 10 years, during which they met one or more of the following conditions: (a) Holding permission, excluding permission as a Visitor, Short-term Student (English language), or Seasonal Worker (or any of their prior forms); (b) Being exempt from immigration control; or (c) Being in the UK as either an EEA national or a family member of an EEA national, exercising a right to reside under the Immigration (European Economic Area) Regulations 2016 before 11pm on 31 December 2020 (and until 30 June 2021 or the final determination of an application under Appendix EU made by them by that date).

Following periods of time will NOT count towards the qualifying period for Long Residence:

Any time spent on immigration bail, temporary admission or temporary release; and

Any period of overstaying between periods of permission before 2 Nov. 2016, even if a further application was made within 28 days of the expiry of the previous permission; and

Any period of overstaying between periods of permission on or after 24 Nov. 2016 even if paragraph 39E applies to that period of overstaying; and

Any current period of overstaying where paragraph 39E of the immigration rules applies.

Validity of Leave

The applicant is granted 2 years of leave subject to the following conditions:

No access to public funds; and

Work (including self-employment and voluntary work) is permitted; and

Study is permitted, subject to ATAS condition in Appendix ATAS.

The procedure for Further leave to remain based on Long Residence

One can apply for further leave to remain if he/she has been in the UK legally for 10 continuous years or more providing they meet all the eligibility requirements for settlement except the knowledge of English requirement or falling under general grounds of refusal.

When can you apply for Further Leave to Remain based on Long Residence?

The applicant will need to reside in the UK for at least 10 years which start from the date when he / she first entered the UK. They can however make their applications 28 days before completing their 10 years in the UK.

Absences from the UK

Where the application is under Appendix Long Residence, for any qualifying period before 11 April 2024, the applicant must not have been outside the UK for more than 184 days in one go, and must not have spent a total of more than 548 days outside the UK during that qualifying period.

There are however a number of exceptions where the absences would not be taken into account for calculating 548 days for e.g. absences relating to compelling and compassionate personal circumstances or travel disruption due to natural disaster like Covid-19.

UK Visa Super Priority Service

We can arrange for super priority service for this application and represent our clients in getting their further leave to remain expeditiously, by making sure that all requirements are met and making appropriate representations. The UK visa standard service takes around 3-4 months while the UK visa super priority service gets you the decision within 24 hours.

Why Chauhan Solicitors?

We are a city law firm, specialising in UK Immigration matters. We are located in Central London and South West London (Tooting), therefore conveniently accessible to Londoners and clients in other parts of the UK. Moreover since all the UK immigration Applications can be submitted online, it has become easier for us to take instructions from anywhere in the world.

According to our clients, we are one of the Best Immigration Solicitors in London. We invite you to view our online reviews shown below that would allow you make an informed choice when instructing on of the best immigration solicitors of London to represent you.

How We Can Help You?

No two immigration matters can be the same. We have a tailor make solution for every immigration matter and in order to achieve the best outcome we follow a strict strategy i.e.

A) Assessment of your Immigration Matter: We carefully asses merits of your intended visa application, further leave to remain, immigration appeal, Judicial Review or any other immigration matter, as the case may be.

B) Immigration Advice: Upon assessment of your matter, we advise you on the most appropriate way forward by keeping in view your personal circumstances and the relevant law.

C) Engagement of Our Immigration Services: Once engaged, we shall provide you with a comprehensive list of documents / information required for preparing your immigration application, immigration appeal, Immigration Judicial Review and Administrative Review, as the case may be.

D) Review of Information and Documents: We then very carefully review the requested documentation and information and make sure that your application etc. is aligned with the relevant laws. In immigration appeal or Judicial Review matters, we discuss suitability of the immigration barristers for the particular matters.

E) Representations: We believe that for any successful UK visa application, leave to remain application, UK immigration appeals, immigration Judicial Review or Admin Review, it is pivotal that you are thoroughly & efficaciously represented. For the same reasons, we very carefully draft your covering letters, Grounds of Appeal, Grounds of Judicial Review or Skeleton Arguments etc in order to conclude your immigration matters successfully.

F) Follow-up: Once the immigration matter is submitted or filed, when & where necessary, we keep tabs on the Home office or the Immigration Tribunals and update you accordingly.

G) Outcome of your Immigration Matter: The outcome of the matter is followed with a need of further advice in respect of making a further application in the future or complying with a list of do’s and don'ts. Our team of best immigration solicitors take care of that diligently.

We believe in giving honest & unparalleled advice to you. We work in complete confidence, as your partners, in sorting out your immigration matters. We have teamed up with the best immigration barristers who specialise in UK Immigration Laws and are well equipped to represent you in any complex immigration matter. Our 5 star reviews vouch for our legal competence, vast knowledge and diligent work attitude.

[email protected]

0203 514 2536