What Is Long Residence in UK Immigration Law?

Long residence in UK immigration law

Long residence in UK immigration law is when a person who has lived in the United Kingdom for a specific period continuously without leaving the country for more than a specific duration can acquire Indefinite Leave to Remain. There are different rules related to long residence, which is also known as continuous residence. Thus, this article helps break this down into simple terms.

Different Periods of Long Residence

The rules for long residence in UK immigration law vary based on the duration of your stay in the United Kingdom. Thus, below are some details on the two different durations.

Long Residence of 10 Years

Those applying for Indefinite Leave to Remain based on their long residence can only do so if they satisfy the continuous residence requirement according to paragraph 276B of UK immigration law. Thus, they must stay within the United Kingdom for 10 years without leaving the country for a period of more than 6 months at a time. However, they can leave the UK for shorter periods (six months or less) if they had Leave to Remain and Leave to Enter when leaving and returning.

Those who were incarcerated will also have only their period outside of custody counted in the acceptable 6-month exit period. Applicants who left before 24th November 2016 also can apply for Indefinite Leave to Remain even if they do not satisfy the 6-month rule when they reapplied for their entry to the UK because of the expiry of their leave at that date.

Applicants of this duration must also have lawfully stayed in the UK for this period. Consult UK immigration solicitors for more details on what counts as lawful residence.

Long Residence of 20 Years

The Long Residence of 20 Years is a replacement for the previous rule that was based on 14 years of residence. The rules for this period are the same as the long residence rules for 10 years of residence. However, the most notable difference is that the applicant does not have to have lawfully lived in the UK continuously for 20 years. The rules are discussed in the UK immigration laws, paragraphs 276ADE(i) and (iii). That said, every applicant must pass the suitability grounds and have a valid application to acquire Indefinite Leave to Remain through their continuous residence of 20 years in the UK.

Final Words

Long residence in UK immigration law can be tricky to understand as there are specific rules and exceptions to those rules. That is why it is critical to consult a skilled and experienced UK immigration solicitor about your case. It’s possible that you may qualify for Indefinite Leave to Remain if you believe that your case does not satisfy the rules. Your solicitor can help guide you with your case and make a suitable application.

Document Fraud in the UK – False Identity Documents and Illegal Crossing of Borders

Document Fraud in the UK

Document fraud in the UK, specifically false identity documents and those related to the illegal crossing of borders, can have severe penalties as per the law. Despite the risks, several thousands of people present false documents to the Border Force every year in an attempt to enter the United Kingdom illegally. If you or someone you know has been caught or convicted of such a crime, you should note that you have some options to help fight your case through proper legal representation. Thus, this article discusses what is considered false documents as per UK law and highlights the need to seek legal help quickly.

Document Fraud in the UK

Document fraud is the process of presenting false documentation with incorrect information to any governmental body in the UK (in the context of our discussion).

The Home Office defines a false document in the Immigration Rules, paragraph 6. Therefore, it includes documents that are

  • Tampered with or altered
  • Counterfeited
  • Used by someone who is not who they claim they are (i.e., an imposter)
  • Issued or obtained fraudulently
  • Used for visa or entry clearance based on counterfeit or falsified information

It’s also possible that you are unaware that your documentation is falsified—you could still face legal repercussions as a result. Therefore, it is pertinent that you ensure that all documentation (especially that has to do with your identity) is overseen by a solicitor to ensure complete accuracy, particularly if you believe that there may be room for falsified information.

What Happens to People with Falsified Documentation?

The severity of a case can dictate the penalties someone has to face when caught with false documentation. Border Force may charge such cases as potential criminal cases. Thus, those people who possess false documents without any reasonable excuse could face up to a maximum of 2 years imprisonment. On the other hand, those who have false documentation to use for improper intentions, then they may be charged with imprisonment of up to 10 years.

These penalties are based on Section 6 of the Identity Documents Act 2010.

It is important to note that the number of prosecutions and convictions of such charges has reduced in the last decade (between 2010 to 2020). Nevertheless, such cases still occur, and the penalties can be grave for many perpetrators.

Last Few Words

As discussed above, Document fraud in the UK is a serious issue that can change your life for the worse. If you or your loved ones are ever caught with false documentation, it’s paramount that you hire trained UK immigration solicitors to help with your case. They can help develop a defence strategy that can prevent you or your loved ones from paying terrible prices now and in the future.

What Happens to Illegal Immigrants’ Children That Are Born in the UK?

What Happens to Illegal Immigrants’ Children That Are Born in the UK?

What happens to illegal immigrants’ children that are born in the UK? Being born in the UK automatically makes a child a British citizen, but not in the case of being born of illegal immigrants. However, that does not mean they must leave the UK with their parents. There are a few options they can take, which may depend on specific circumstances. This article highlights these options and explains how crucial it is for you to work with an experienced solicitor in this field to help you determine what course of action you can take if you’re dealing with such a situation.

What Are the Circumstances That May Affect Your or Your Child’s Options?

The circumstances that may affect the options of a child of illegal immigrant parents are as follows

  • The duration of their stay in the UK (i.e., with 7 or 10 years of continuous residence)
  • When the child was born (laws of specific periods may be applicable)
  • The child’s age (should be under 18 years)


Options to Remain in the UK

So, what happens to illegal immigrants’ children that are born in the UK? Here are some options.

Become a British Citizen

A child who was born on or after 1 July 2006 and has lived in the UK for 10 years since birth can apply for citizenship in the UK. Moreover, they should not have spent more than 90 days outside the UK during this period. However, if one of the parents becomes a British citizen, the child automatically becomes a citizen as well.

Acquire Indefinite Leave to Remain

The new 7-year child immigration rules published on 20 June 2022 made it possible for children under the age of 18 to seek Indefinite leave to remain (IRL) provided that they have lived for 7 years in the UK before applying for IRL. IRL enables a migrant to remain in the UK permanently without any immigration restrictions. They would also have to have lived in the UK continuously since their birth and were not outside of the UK for more than 6 months within any year of the 7-year period. This option comes under the Private Life application, and applicants for this should hire a solicitor because they can help them create a compelling case as to why the child’s removal from the UK would be unreasonable.

What Can the Parents Do to Remain in the UK?

If the child of illegal parents becomes a citizen of the UK, the parents can apply for a parent visa. The child must meet the following requirements for them to qualify for this visa.

  • Be a British citizen, Irish citizen, or have settled in the UK
  • Be under 18 years of age
  • Have been living for 7 continuous years in the UK, and it is considered unreasonable for the child to leave the UK

The parents must meet the following requirements.

  • Has shared or sole parental responsibility for the child in question
  • Meets the CEFR level A1 English language requirement
  • Are capable of financially supporting themselves in the UK

Speak to trained UK immigration solicitors to learn more about what you can do for your child and your family in such situations.

What Are the Re-Entry Ban Limits for UK Deportation?

Re-entry ban limits for UK deportation

There are different re-entry ban limits for UK deportation based on whether you leave voluntarily or are removed by the Home Office. Knowing these re-entry limits can be helpful for immigrants who plan to settle in the UK in the future or those dealing with deportation. Thus, this article highlights these varying re-entry periods based on unique circumstances.

What Is a Re-Entry Ban Limit?

A re-entry ban limit is a specific duration during which an immigrant may not be able to return to the UK after their departure. These limits can vary from 1 to 10 years.

Re-Entry Ban Limits for UK Deportation

Below are different re-entry ban limits for UK deportation and details on what circumstances can lead to that limit.

No Re-Entry Ban Limit

If you do nothing illegal, i.e., enter the country the legal way and leave before your visa expires (or overstayed for under 30 days), you won’t be given a re-entry ban limit, provided you did not cause the Home Office any expenses and left voluntarily. Leaving the UK voluntarily is known as voluntary departure.

1 Year Re-Entry Ban Limit

Immigrants who overstayed in the UK for over 30 days past their visa expiration, entered the country illegally, used deception when in the United Kingdom, or went against a leave condition will face a 1-year long re-entry ban limit. They would also have to have departed from the UK voluntarily and at their own expense.

2 Years Re-Entry Ban Limit

Immigrants in the UK who do not have the finances to fund their exit from the UK may request the Home Office to over it. They may need to exit the UK because of overstaying or illegally entering the UK, were a victim of human trafficking, dealing with an asylum case, etc. In that case, the re-entry ban limit is 2 years.

5 Years Re-Entry Ban Limit

A person may face a 5-year re-entry ban limit if they did the following.

Overstayed in the UK past their visa expiration, entered the country illegally, used deception when in the United Kingdom, or went against a leave condition but left the UK voluntarily after 6 months or were removed or left after receiving a caution from the Home Office.

10 Years Re-Entry Ban Limit

There is a 10-year re-entry ban limit for any immigrant who receives a deportation order. While the re-entry ban limit for UK deportation may be 10 years, that does not guarantee your return to the United Kingdom after that period. You should hire experienced UK immigration solicitors that can review your case thoroughly and determine any possibility for your return.

Final Words

Re-entry ban limits for UK deportation can be life-changing and bothersome, especially if you didn’t do anything wrong. Thus, consult your lawyer to help create a defence strategy for your case.

Is There a Difference Between Voluntary Departure and Deportation in the UK?

Difference between voluntary departure and deportation in the uk

Is there a difference between voluntary departure and deportation in the UK? Yes, there is a difference between the two, and the possibility of re-entry to the UK also varies between voluntary departure and deportation. This article discusses both of these so that you know the differences and your options if you’re ever on the verge of being forced to leave the United Kingdom. Read on to learn more.

Deportation in the UK

Deportation in the UK is when the Home Office removes a person from the UK because their removal is conducive to the public good. This typically occurs when a migrant to the UK has committed a crime with a punishment of imprisonment of over 12 months. At the same time, any migrant in the UK who has been convicted of a repeated offence may be given a deportation order. Any crime committed overseas that was considered to have caused “serious harm” may also lead to a deportation order.

In such cases, you may be asked to leave the United Kingdom, and re-entry may be difficult or impossible, depending on your circumstances.

Voluntary Departure

Voluntary departure is when a person willingly exits the UK, i.e., without forcible removal by the Home Office. Therefore, the term voluntary departure is used for migrants who may choose to depart from the UK voluntarily after overstaying. Thus, they leave before there is any formal deportation order against them. The ability to re-enter the United Kingdom is a lot easier in that case than after receiving a formal removal order.

Immigrants who depart from the UK voluntarily may be able to re-enter after 1 year if they pay for the departure themselves. Immigrants in the UK who cannot afford to leave the UK may request the Home Office to fund their exit. In that case, they can re-enter the UK after at least 2 years. This duration is known as a re-entry ban.

In either case, it is beneficial to inform the Home Office that you are voluntarily departing the UK. This way, there will be clear records of your leave from the UK, which may make re-entry less troublesome than otherwise. It can help to consult a team of UK immigration solicitors about what your options are before you depart from the UK, as they may help you determine the best path forward for your future in the United Kingdom.

Final Words

The difference between voluntary departure and deportation in the UK is that the former is not sanctioned by the Home Office. If you’re afraid of overstaying in the UK, then you should make sure that you leave voluntarily before you get a deportation order, making it near impossible for you to win your deportation case or return to the UK in the future.