The Immigration Rules allow some people to apply to stay in the UK based on long residence. Under the 20-year rule, you need to have lived in the UK continuously – not necessarily lawfully – for 20 years.
The purpose of the 20-year rule is to recognise the strength of an individual’s connection to the UK after a long period of residence. This pathway offers the opportunity to regularise immigration status for people with a complex immigration history whose lawful residence has lapsed or who perhaps have never been lawfully resident in the UK.
Please note that different routes are available for children and those who are under 25, who meet other criteria.
What visa will you get?
You will not get Indefinite Leave to Remain straight away.
If an application under the 20-year rule is successful, you will be granted 2.5 years’ permission to stay in the UK on the basis of your private life. You will be granted the right to work and study in the UK. You will not have recourse to public funds, though you may be able to apply to have this condition lifted.
They will be on the 10-year route to settlement which means you can apply for Indefinite Leave to Remain (ILR) after 10 years’ lawful residence.
What are the requirements?
- Make a valid application using the correct form
- Pay the Home Office application fee and Immigration Health Surcharge
- Not falling for refusal under the “suitability requirements” based on conduct or criminality
- Having lived in the UK for at least 20 years
Provided there are no issues regarding criminality, the greatest challenge in 20-year applications is typically providing adequate evidence of residence in the UK over 20 years. As well as proving when an applicant entered the UK and how, they are expected to show that they have been present in the UK each year for 20 years.
Evidence
Obtaining evidence of residence over such a long period of time can be particularly difficult for anyone who has spent time in the UK ‘under the radar’ without immigration status. Applicants may not have bank accounts and may have had informal accommodation and income, meaning fewer records are available.
Official and unofficial documentation can be provided and witness statements can also be helpful from friends, family or others who can confirm presence in the UK.
We can advise you on the kind of evidence that would be helpful.
If the Home Office refuses an application on the basis that each year has not been covered, it is possible to appeal the decision.
How long will it take?
There is no standard processing time to receive a decision. After submitting an application online and attending a visa application centre appointment, applicants typically wait at least six months for a decision.
How much does it cost?
- Home Office application fee: £1,258
- Immigration Health Surcharge: £2,587.50
- Total basic costs: £3,845.50
If you cannot afford to pay the Home Office application fees, you may be able to apply for a ‘fee waiver’.
Contact our friendly team today if you require any advice or assistance with this application.