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Meeting the ‘continuous residence’ requirement of Appendix Long Residence

Life Changing Law

12th September 2024 By Imogen Simpson

Where an individual has lived in the UK lawfully and continuously for at least 10 years, even with different types of immigration permission, they may be eligible to apply for indefinite leave to remain on the basis of their long residence in the UK. This is potentially helpful to many people who have held different types of permission but have not been able to apply for indefinite leave on their visa route. For example, where someone has held Student permission for four years, Graduate permission for two years and Skilled Worker permission for four years, they may not need to wait until they have held permission as a Skilled Worker for five years to apply for indefinite leave. This person could potentially accumulate all of their immigration permission in the last 10 years and apply for indefinite leave on the basis of their ‘long residence’.

However, in order to have a successful application for indefinite leave on the basis of long residence, it is not enough for the applicant to show they have lived in the UK lawfully for 10 years. They must also show that this residence has been ‘continuous’ – but what does ‘continuous’ mean?

Appendix Continuous Residence of the Immigration Rules sets out how the continuous residence requirement is met. Previously, to meet the continuous residence requirement, an applicant applying for indefinite leave on the basis of long residence must not have been outside of UK for more than 184 days at one time, and or for more than 548 days in the 10-year period. This was specific to long residence applications; some other types of applications also have a continuous residence requirement but would need to meet this only by not being absent for more than 180 days in any 12-month period. This meant that the continuous residence requirement was more restrictive for long residence applicants, who only had an average annual absence allowance of around 54 days.

The Home Office changed the Rules on 11 April 2024 so that long residence applicants would, in general, need to meet the continuous residence requirement in the same way as applicants applying for indefinite leave on different routes. However, this change brought with it a lot of confusion as the wording of the new Rules was very unclear.

We have since been given new Home Office guidance on the issue, as well as a Statement of Changes to the Rules which seek to clarify the matter. Exactly how an applicant meets the continuous residence requirement under Appendix Long residence will depend on whether the absences fall before or after 11 April 2024:

  1. Any single absence (i.e., one trip overseas) started before 11 April 2024 must be no longer than 184 days.
  2. Where some of the 10-year qualifying period starts before 11 April 2024, the absences before this date must not total more than 548 days.
  3. The absences in the part of the qualifying period that falls on or after 11 April 2024 will need to meet the new rules i.e., no more than 180 days in any 12-month period.

In terms of point 2 above, it is only the part of the 10-year qualifying period which falls before 11 April 2024 which is subject to a limit of 548 days in total, regardless of the length of the period which falls before this date.

Applicants should also be aware that there are some exceptions where continuous residence will not be broken where the absence limits are exceeded, such as where travel is required for work in certain fields, or where there has been travel disruption due to a pandemic.

With limited exceptions, it is usually the case that where an applicant has at any point in the 10-year period overstayed their permission, this will also break their continuous residence. However, the Home Office has now confirmed that where an individual overstayed their permission between 24 January and 31 August 2020, the overstay will be disregarded to give allowances for those who overstayed because of the onset of the Covid-19 pandemic. Furthermore, time spent in the UK between 1 September 2020 and 28 February 2023 where the individual had one or more grants of ‘exceptional assurance’ (which was a type of permission being granted to those who could not leave the UK due to pandemic travel restrictions) will also not break continuous residence. Interestingly, periods spent in the UK with exceptional assurance are being treated as an exception to overstaying, and any periods spent in the UK with exceptional assurance will not count towards the 10 year long residence qualifying period.

Long residence applications currently have a Home Office fee of £2,885, though this is subject to change.

If you require advice or assistance with an application for indefinite leave on the basis of long residence, we would be happy to help. Please contact us on 020 7401 6887 or by email at contact@gryklaw.com.

 

Filed Under: News and Updates Tagged With: Absences, Continuous Residence, Home Office, ILR, Immigration, Indefinite leave to remain, Long Residence

Wesley Gryk Solicitors continues to be a top-ranked firm in 2024

Life Changing Law

9th November 2023 By Imogen Simpson

We are very pleased to announce that Wesley Gryk Solicitors LLP has, once again, been ranked as one of the UK’s leading immigration firms by Chambers 2024, the Legal 500 2024 and The Times – Best Law Firms 2024.

WGS is ranked as a Tier 1 firm by the Legal 500 2024 for ‘Immigration: Human Rights, Appeals and Overstay’ and by Chambers 2024 for both ‘Immigration: Human Rights, Asylum and Deportation’ and ‘Immigration: Personal’. The Times 2024 have commended us for both human rights and immigration.

We are proud of our partners, Alison Hunter, Barry O’Leary, Diana Baxter and Katie Dilger, all four of whom are listed in this year’s rankings.

Alison Hunter is ranked as a Band 1 lawyer by Chambers in both ‘Immigration: Human Rights, Appeals and Overstay’ and ‘Immigration: Personal’, and as a ‘Leading individual’ by the Legal 500 for ‘Immigration: Human Rights, Appeals and Overstay’:

“Alison Hunter is an enormously bright and knowledgeable immigration practitioner with many years of expertise. She is the go-to solicitor on EU matters post-Brexit and on international adoption cases.”

Barry O’Leary is also co-ranked as a Band 1 lawyer by Chambers 2024 in both ‘Immigration: Human Rights, Appeals and Overstay’ and ‘Immigration: Personal’, and as a ‘Leading individual’ by the Legal 500 2024 for ‘Immigration: Human Rights, Appeals and Overstay’:

“He brings private law excellence to immigration law. He is really tactics-focused, and he is good at having open conversations with the Home Office.”

Diana Baxter has risen up the rankings this year and she is now ranked as a Band 1 lawyer by Chambers 2024 for ‘Immigration: Human Rights, Appeals and Overstay’, while maintaining her Band 2 ranking for ‘Immigration: Personal’. She is also a ‘Leading individual’ in the Legal 500 rankings for ‘Immigration: Huan Rights, Appeals and Overstay’:

“Diana is extremely clever and great with clients. She always gets great results.”

Finally, new partner Katie Dilger is recognised by the Legal 500 as a ‘Next generation partner’ and highlighted by Chambers 2024 as an ‘Associate to Watch’ for personal immigration work:

“Katie has a genuine passion for her work and a determination to help her clients. Her work is absolutely outstanding.”

We are very grateful to our clients and peers for their amazing testimonials:

‘Wesley Gryk are one of the best in the field for privately paying asylum and immigration. They are meticulously well-prepared and on top of their game in terms of client management and case strategy.‘

‘Absolutely fantastic team, very experienced and knowledgeable, clear and timely communication, provided consistent and structured guidance taking into account and understanding my particular circumstances. This team that values diversity and is very respectful of each other and the clients.’

‘An all round excellent firm for immigration work, particularly cases with an LGBT element. They are very well known for applications arising from surrogacy arrangements overseas.’

Filed Under: News and Updates, The Firm Tagged With: Immigration

What is going on with the UK’s asylum system?

Life Changing Law

16th June 2023 By Imogen Simpson

If you have been keeping up with immigration news, you will know that asylum has been a hot topic in recent years, with various policy announcements, press releases and parliamentary acts and bills being debated. With all these changes, it can be hard to keep track of the process of claiming asylum, and refugees and their families can understandably be left wondering: ‘what is going on?’

The Nationality and Borders Act 2022

The UK government passed the Nationality and Borders Act 2022 (hereafter referred to as the NABA) on 28 April 2022, which introduced an overhaul of the asylum system. The NABA made several amendments to immigration and nationality law. The key change to the asylum system enforced by the NABA was that recognised refugees whose asylum claims were made on or after 28 June 2022 would be categorised into one of two groups: ‘Group 1’ or ‘Group 2’ (the ‘differentiation’ policy). Refugees falling into ‘Group 1’ under the NABA were those who had come directly to the UK from a country or territory in which their life or freedom was threatened and had presented themselves to the authorities without delay. If a refugee did not meet these requirements, they would be considered under ‘Group 2’. If a refugee was classed as a ‘Group 2’ refugee they would be granted temporary refugee permission to stay for 30 months without any direct route to settlement, rather than the standard grant of five years’ permission to stay for ‘Group 1’ refugees, who are eligible for settlement after five years. ‘Group 2’ refugees’ family members would also have a higher threshold for being able to join their refugee family member in the UK through the refugee family reunion process.

It is no surprise that the NABA was met with a great deal of backlash, particularly from immigration practitioners who knew all too well how much backlog there already was in the asylum system. In an attempt to ‘crack down’ on migrants entering illegally to claim asylum, the Home Office had inadvertently formulated a plan that would create more work for them in the long run.

The Illegal Immigration Bill

The government has since published the Illegal Immigration Bill (hereafter referred to as the IIB), which will seemingly undo the changes to asylum made by the NABA. In a statement made by Robert Jenrick, the Minister of State for Immigration, on 8 June 2023, it was announced that the government would ‘pause’ their differentiation policy in the next package of changes to the Immigration Rules in July 2023. It was also stated that any refugees who had been granted status under ‘Group 2’ would be contacted to have their status aligned with ‘Group 1’ refugees, meaning they would be granted five years’ permission to stay, at the end of which they may be eligible for indefinite leave to remain in the UK.

This comes off the back of the United Nations Refugee Agency’s report on asylum screening in the UK, which identified an alarming number of issues with the asylum system, including inaccurate interview record keeping and concerns with the treatment of refugees being detained. One of the key issues identified in the report was the excessive delays in the asylum system. Undoubtedly, the work the Home Office will need to do to ‘undo’ the mess created by the NABA will worsen delays.

However, there is some potentially good news for applicants from Afghanistan, Eritrea, Libya, Syria, Yemen, and Sudan, who may benefit from a ‘streamlined processing model’, in which positive decisions can be made on claims from refugees from these countries without the need for a substantive interview, where a claim was made before the introduction of the IIB on 7 March 2023. The Home Office has stated that they will not refuse an application without giving the applicant an opportunity to interview. While there are some criticisms of the policy, which requires applicants to complete a detailed questionnaire in place of the interview, it represents a positive step to process more straightforward claims without an interview, which should speed up decision-making.

Where does this leave things?

The Home Office has made it clear that they intend to clear the old backlog of asylum cases by the end of 2023, so we would hope that those who have been waiting a long time for their application to be processed will receive a decision on their case by the end of the year. Whether the Home Office will be able to meet that target, in light of the size of the backlog and the administrative time and effort which will be spent on undoing the differentiation policy is another matter entirely. Those who have already received a ‘Group 2’ decision should wait to be contacted about their status being upgraded to the standard refugee permission to stay.

However, the intention of the Home Office is to deter illegal immigration, including where an individual has entered the UK illegally but is still recognised as a refugee. For these individuals, they can expect to be returned to a ‘safe country’, which could even include Rwanda as discussed previously by our own Elena Musa.

Unfortunately, this focus on deterring even genuine asylum seekers from coming to the UK has distracted the Home Office from a serious problem which has been growing for years, which is the huge backlog of undecided asylum claims. We hope that the decision to undo the differentiation policy and focus on clearing the backlog this year will end the long delays asylum seekers are experiencing.

If you or someone you know needs advice on their asylum claim, we would be happy to help. Please contact us on 0207 401 6887 or by email at contact@gryklaw.com.

Filed Under: News and Updates Tagged With: Asylum, Immigration

Registration for British citizenship as a Chagossian descendant

Life Changing Law

1st December 2022 By Imogen Simpson

During the 1960s and 70s, the UK government removed all inhabitants of the Chagos Islands from their land, creating what is known as the British Indian Ocean Territory (BIOT). This allowed the islands to become a US military base. The majority of Chagossians were removed to Mauritius and Seychelles.

In 2002, the UK government made the decision to grant British citizenship to all British Overseas Territories citizens, which included Chagossians. However, this applied only to those born on the Chagos Islands and their children. Citizenship was not extended to subsequent generations such as grandchildren or great-grandchildren.

The UK government has finally addressed this issue.  The Nationality and Borders Act 2022 amends the British Nationality Act 1981 to create an entitlement for the direct descendants of Chagossians to be registered as British citizens and/or British Overseas Territories citizens (BOTC).

Applicants can apply for British citizenship and BOTC at the same time as part of one application and, if eligible, can obtain both forms of citizenship.

Requirements

The requirements for the application are relatively straightforward, at least in theory. Applicants will need to evidence that they are a direct descendant of someone born in the Chagos Islands. The Home Office published caseworker guidance on these citizenship applications in which they define ‘direct descendant’ as:

‘Direct descendants are the biological children and grandchildren of an ancestor. For example, you are a direct descendant of your mother, your grandmother, your greatgrandmother, and so on. This also applies to the paternal side and includes your father, your grandfather, your great grandfather and so on. Direct descendants do not refer to aunts, uncles, nieces, nephews, brothers, sisters, cousins, and so on.’

Evidence of direct descent will typically include birth certificates and birth records, but can also include:

  • medical or dental records;
  • marriage or civil partnership certificates;
  • change of name deed polls; and
  • factual records including court proceedings.

The Home Office has confirmed that the BIOT administration is in the process of digitalising the birth records it holds for those born on the Chagos Islands. This means that where an applicant does not have access to a copy of their ancestor’s birth certificate, the BIOT should be able to help with verifying the applicant’s Chagossian ancestry.

Applicants will also need to provide a form of ID, and two referees to verify their identity. There is no good character requirement for these applications.

You are not eligible to apply if you have ever previously been a BOTC or British Dependent Territories citizen.

Applications are open as of 23 November 2022.  You can apply online here: Apply for British citizenship as a person of Chagossian descent – GOV.UK (www.gov.uk). There is no application fee.

The Home Office has set a time limit on these applications. Those who are already 18 or over will have five years from 23 November 2022 to apply. The deadline for those under the age of 18 as at 23 November 2022 is the person’s 23rd birthday.  Under the guidance those born between 23 November 2022 and 23 November 2027 may also be eligible to apply up to their 23rd birthday.

While this does not fully rectify the situation, the introduction of this entitlement to register is good news for Chagossian descendants who have previously been excluded from becoming British citizens or BOTCs.

If you require advice in relation to the above, we would be happy to help. Please contact us on 020 7401 6887 or by email at contact@gryklaw.com.

Filed Under: News and Updates Tagged With: British Nationality, news and updates, Registration

The High Potential Individual visa – will the new category live up to the excitement?

Life Changing Law

12th May 2022 By Imogen Simpson

Following the UK government’s announcement of a new High Potential Individual visa category for graduates of top global universities in July 2021, there has been a great deal of speculation within the world of immigration law about who exactly will be eligible for the visa and what this could mean for people who were previously unable to apply under the Graduate visa category.  However, the new rules in the statement of changes released on 15 March 2022 have left some people wondering whether the category will live up to expectations.

Under the new rules those hoping to qualify under the High Potential Individual category must have graduated from one of the universities included on a list of the top 50 ranked global universities within the last five years. To the disappointment of many, the universities included are largely from countries which are arguably viewed as the most ‘developed’, with nearly half of the universities being in the USA and many countries not appearing on the list at all.

Another disadvantage is that, unlike the Highly Skilled Migrant Programme and the Tier 1 (General) category, the High Potential Individual category will not be a route to settlement.

It is not all bad news, as those who find their university on the list and successfully apply under the new category will be able to enjoy the freedom of being on an unsponsored route, meaning they will not be tied to any particular job.

As well as needing to have graduated from a top global university, applicants will need to meet an English language requirement and a financial requirement to be eligible as a High Potential Individual. Those who hold a PhD or another doctoral level qualification will be granted a period of leave of 3 years, whilst those who hold other degree qualifications will be granted a period of 2 years.

Applications under the new category can be made from 30 May 2022.

If you require immigration advice in relation to the above, we can help.  Please contact us on 020 7401 6887 or by email at contact@gryklaw.com.

Filed Under: News and Updates

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