Long residence
This page was last updated on: 15 December 2021
If you have lived in the UK for a long time, you may be able to make an application for leave to remain on the basis that you have developed strong connections to the UK. There are three main routes to apply through, depending on your age. There are other routes if you have developed a family life in the UK with a partner or child.
Private life
- An applicant aged under 18 must have lived in the UK for at least seven years (discounting any period of imprisonment) and must show it is not reasonable to expect them to leave the UK
- An applicant aged 18 to 24 must have spent at least half their life living continuously in the UK (discounting any period of imprisonment)
- An adult aged 25 or over must have lived continuously in the UK for at least 20 years (discounting any period of imprisonment).
Making an application
If you apply under any of these routes the application must be made online through the gov.uk website.
The application fee is currently £1,033, plus a £624 per year immigration health charge (for example, £1,560 for a 30-month residence permit). You can ask the Home Office to disregard both these fees if you cannot afford them by applying for a fee waiver. Fee waivers are available for this type of application for looked after children, those who can prove they are destitute and for those on a very low income where paying the fee would harm a child’s wellbeing.
The fee waiver application has to be made, and approved by the Home Office, before you can proceed to make an application for leave to remain.
Possible outcomes
A successful application will usually result in you receiving limited leave to remain for a period of 30 months. Leave is usually granted with a condition of no recourse to public funds, which means no access to benefits, social housing or homelessness help.
When you apply for leave to remain, you can explain why you should not have the NRPF condition attached to your leave. You can also apply for this condition to be removed after your leave has been granted. For more information about this see Coram Children's Legal Centre's fact sheet. If you need support with removing this condition, you can contact The Unity Project.
If the application is unsuccessful you will have a right of appeal. This means that you can apply to the First Tier Tribunal (court) to make a decision about your case. You may be able to get Exceptional Case Funding to cover lawyers’ costs. Your lawyer would usually look into this for you.
After being granted leave to remain
- It is very important to start planning early and saving up for your next application.
- Before the 30 months ends, you will need to apply for further leave, again paying the fee and immigration health charge.
- After you’ve had limited leave to remain continuously for ten years, you can apply for indefinite leave to remain.
- The application fee for indefinite leave to remain is currently £2,389.
Important: The application fee normally changes every year, usually in April. The NHS surcharge can also change without much warning. You should always check what the current fee is before you apply.
Getting a longer period of leave or ILR straight away
The Home Office has the power to grant a child or young person a period of leave that is longer than 30 months. They can even grant a child indefinite leave to remain straight away. This can be requested at the first application or when applying for further leave to remain in the UK.
The Home Office guidance suggests this can be done when there are compelling or compassionate reasons and it is in the best interests of a child. It might be relevant if the child or young person has a medical condition or other vulnerabilities.
Making a case for the Home Office to exercise its discretion and grant indefinite leave to remain is complicated and you will need to seek the help of a lawyer. They may be able to obtain Exceptional Case Funding for such a case.
Looked after children
There is a Home Office policy which states that a child can be granted four years’ leave to remain followed by indefinite leave to remain if there is no possibility that the child will be removed from the UK. The Home Office will be guided by the views of the local authority in such cases.
For children in care with a full care order, it may be more appropriate to apply for the child to be registered as a British citizen.
Legal Aid is available for children in care, whatever the application type.
Parents and siblings
When one or more children in a family qualify for leave to remain on private life grounds, or have British citizenship, other family members may be able to apply for leave to remain at the same time, or afterwards:
A parent or parents of a British child or one who has lived in the UK for seven years or more can apply for limited leave to remain
Younger siblings can also be dependent on the application.
Partners
It can be difficult to make a successful application for leave to remain as a partner of a British person, or someone with secure status, if you do not have children and you do not already have leave to remain.
You will have to show that there are insurmountable obstacles to family life with their partner continuing outside the UK. This is a high test that is difficult to meet.
The same test applies to partners of refugees or those with humanitarian protection.
The current application fee is £1,033, plus a £1,000 immigration health charge. As with private life applications, if successful they’ll be granted 30 months’ leave with no recourse to public funds. They will then be on a ten-year route before they can apply for indefinite leave to remain.
Finding a lawyer
Legal aid is not available for private life and family life applications unless it is for an unaccompanied child. Some children and young people may be able to apply for Exceptional Case Funding if they are unable to afford a lawyer.
To find out how to apply for exceptional case funding there is more information on the central government website. You can also get useful information from the Public Law Project's website.
To find a lawyer, see the Immigration Law Practitioners’ Association website.
Immigration status while waiting for a decision
If you did not have any leave to remain at the time you made your application this will continue to be the case until you receive a positive decision.
If you renew your leave to remain before the expiry of your existing leave, then leave is treated as continuing while the application is considered. This means that your immigration status stays the same and you have the same entitlements you had before your leave expired such as a right to work.
Whilst you wait for a decision you will not have a valid biometric residence permit. This can make it difficult to find work, access health care, enroll at college, rent a property or open a bank account. In this situation, you can:
- Tell your employer or prospective employer to use the Employer Checking Service
- Get a letter from your lawyer
- Contact your MP, who can write to the Home Office about your case
I came to the UK with my mum and little brother in 2005 at the age of 11. I was told we were coming to London on holiday but as time went by I understood and accepted that we were here to stay.
Growing up in the UK, I settled into school easily. I made friends and became a part of the crowd. However, I was aware that something was not right. When the opportunity for school trips came along I never spoke to my mum about it or showed her any letters relating to the issue. My mum always made sure to remind me not to tell my problems to anyone. As a result, I learned to bottle my emotions and became pretty good at it.
Although not having status was something that constantly lingered at the back of my mind I don’t think I registered that if my status remained unresolved, I wouldn’t have the same opportunities as my friends. I was not able to apply to work and I had no form of ID. Now, looking back I realise I was trying my very best to remain positive. The most painful thing at that time was not knowing if I would be able to share the experiences of my British-born peers.
My mum made attempts to resolve my status but we were given bad advice by many lawyers. After several years, my family finally found a suitable lawyer who talked us through the process and gave us accurate advice. During this time, I joined a group called Let Us Learn and I talked to other young people with similar experiences. This helped me realise I was not alone.
I can now say that I have limited leave to remain after being in limbo for such a long time. I am about to start a new job and recently travelled out of the country for the first time. I feel a sense of independence. Although I feel liberated, as a migrant there are always hurdles to overcome. I hope to stay on this route to settled status and eventually apply for British citizenship to be recognised as a national of the country I love.
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