Immigration Rules and Human Rights

Long Residence Rules

Some people may qualify for settlement (indefinite leave to remain) in the United Kingdom because of the length of time they have been living here. The Immigration Rules explain the circumstances in which someone may qualify for settlement because of what is referred to as long residence.

The long residence rules apply in two circumstances:

Where someone has been in the United Kingdom lawfully for 10 years or more
Where someone has been in the United Kingdom unlawfully for 14 years or more

10 years lawful residence
Someone who has lived in the United Kingdom for a period of 10 years may apply for indefinite leave to remain if his or her presence in the UK over this time has been lawful. Unless one of the following applies, indefinite leave to remain will normally be granted:

The 10 years period has been broken (see below)
There are public interest reasons to refuse the application (see below)
The individual fails to demonstrate sufficient knowledge of the English language and of life in the United Kingdom

14 years unlawful residence
Someone who has lived in the United Kingdom for a period of 14 years may apply for indefinite leave to remain even though his or her presence in the United Kingdom during this time has been unlawful. Unless one of the following applies, indefinite leave to remain will normally be granted:

The 14 years period has been broken (see below)
There are public interest reasons to refuse the application (see below)
The individual fails to demonstrate sufficient knowledge of the English language and of life in the UK.

Breaks in the 10 or 14 years periods
If either of these periods is broken, the individual may be refused indefinite leave to remain under the long residence rules. These periods will be broken if any of the following apply:

The individual was outside of the United Kingdom (England, Northern Ireland, Scotland and Wales) for any length of time during the period unless he or she had leave to enter or remain at the point of departure and return.
The individual was outside of the UK for any length of time during the period and when departing he or she then demonstrated a clear intention not to return or could have had no reasonable expectation of being able to return lawfully.
The individual was outside of the United Kingdom for a total of 18 months or more during the period.
The individual spent any time in prison or other institution (e.g. a Young Offenders’ institution) as a result of a custodial sentence imposed by a court during the period.

The 14 years period will be broken if any of the following was served on the individual or his or her representative during that period:

a notice that the individual is liable to be removed
a decision that the individual should be removed
a notice that it is intended to deport the individual

We have made many successful applications under both Long Residence Rules.

Asylum Seekers
If you wish to claim asylum in the United Kingdom we have invaluable and varied experience in this field. As UK Immigration Solicitors we are determined in our efforts to aid those arriving in the UK in the hope of finding refuge. We will argue your case within the Home Office framework and will also deal with the Human Rights issues with your claim.

Appeal
If you have already made an application in any of the various areas that has been unsuccessful, we will help you to appeal this decision. As UK Immigration Solicitors we have the necessary knowledge and experience to advise on the subsequent steps that should be taken in your case. We can help at the initial appeal stage, Reconsideration, High Court, and Court of Appeal stage.

Our service for families
As UK Immigration Solicitors we take great pride in our services for families.

If you have a partner, either abroad or in the United Kingdom, who wishes to obtain leave to remain or enter in order to build a life with you here, we can help them to make an application on these grounds.

We can also make an application for a parent or guardian wishing to bring a minor to the United Kingdom as their dependant.

Furthermore, if you would like help in bringing a relative to the United Kingdom, for example a parent or grandparent, as your dependant, an immigration lawyer will help you to ensure that you comply with all of the Home Office criteria.

Article 8
Article 8 is divided into two parts. The first part states that everyone has the right to respect for his of her private and family life. The second part states that public authorities (such as the Home Office) must not interfere with this right unless to do so would be necessary, for specified purposes and in accordance with law.

Immigration control is regarded as falling within the specified purposes. Having family or private life in the UK does not, therefore, necessarily entitle someone to come to or remain in the UK.

In each case it will need to be decided whether any separation or other interference with that private or family life is proportionate – i.e. does the purpose of immigration control in the individual case outweigh the importance of the private or family life that is interfered with? If you have private or family life in the UK please seek advice from our immigration solicitor.

What is deportation?

Deportation is the process whereby a non-British Citizen can be compulsorily removed from the UK and prevented from returning unless and until the deportation order is revoked.

2. Who can be deported?
Foreign nationals
This includes all foreign nationals whether in the UK lawfully or unlawfully.
EEA nationals can be deported however special rules apply. Please speak to one of our immigration lawyers if you need advice in this area.

3. Who cannot be deported?
British Nationals

It is not possible to deport a British Citizen. There are some limited circumstances in which a person who has become British can be deprived of their nationality but this is outside the scope of this paper.

4. On what basis can a person be deported?
Grounds of Deportation
A person liable for deportation can be deported in the following circumstances:

The Secretary of State deems his or her deportation to be conducive to the public good
Another member of the family to which he or she belongs is to be deported
A court recommends deportation after conviction of an offence punishable by imprisonment

Please contact one of our immigration solicitors if you need advice on deportation.

Right to seek bail
The right to seek bail is contained in Schedule 2 of the 71 Act, the 1996 and the 1999 Act. It arises in the following circumstances:
i) new arrivals detained for more than 7 days pending examination (Schedule 2 paragraph 22(1)(a)(1b) as amended by Schedule 2 paragraph 11(1)-(3) of 96 Act);
ii) those whose leave to enter is cancelled or leave to enter is refused (paragraph 22(1)(aa), Schedule 14 para 63 of the 99 Act);
iii) suspected illegal entrants and overstayers pending the giving of directions; (22(1)(b))
iv) following a decision to deport; (22(1)(b)
v) following a recommendation for deportation or a deportation order now that s.54 of 99 Act comes into force.
vi) pending appeal except where the appeal is in respect of human rights issues and the person has been recommended for deportation following criminal conviction.
vii) on an application for judicial review as part of interim relief.
viii) by the Court of Appeal on appeal from the IAT.

2. Who do I make the application to?
Bail applications may be made to a Chief Immigration Officer, or to an immigration judge. Therefore if the Immigration Service refuse to grant a person temporary admission or bail, they have a right to apply for bail to an immigration judge.

Speak to one of our immigration lawyers if you need advice about making a bail application.