The long residence and private life provisions begin at rule 276 A. They should be read alongside the Modernized Guidance
Period Of Residence
Until 9 July 2012, there were two routes to settlement on the grounds of long residence:
- a) 10 years continuous and lawful residence, or
- b) 14 years of continuous residence (whether lawful, unlawful or a combination of two)- Now 20 years.
The 14 year category is now closed but for a person granted an extension of stay on this basis following an application made prior to 9 July 2012 (who will be able to apply for ILR once the requirements of the old rule are fully met). The 14 year rule has been replaced by the provisions of the new ‘private life’ category at rule 276ADE.
Ten year Rule
Under 10 year rule (276A to 276D), the leave must be continuous and lawful. The terms “continuous residence” and “lawful residence” are defined in rule 276A as follows:
- a) “Continuous residence” means residence in the UK for an unbroken period, and for those purpose a period shall not be considered to have been broken where an applicant is absent from the United Kingdom for a period of 6 months or less at any point of time, provided that the applicant in question has existing limited leave to enter or remain upon their departure and return, but shall be considered to have been broken if the applicant:
- i) has been removed under Schedule 2 of the act 1971 Act, section 10 of the 1999 Act, has been deported or has left the United Kingdom having been refused leave to enter or remain here; or
- ii) has left the United Kingdom and, on doing so, evidenced a clear intention not to return; or
iii) left the United Kingdom in circumstances in which he could have had no reasonable expectation at the time of leaving that he would lawfully be able to return;
- iv) has been convicted of an offence and was sentenced to a period of imprisonment or was directed to be detained in an institution other than a prison, provided that the sentence is not a suspended sentence; or
- v) has spent a total of more than 18 months absent from the United Kingdom during the period in question.