ICS Legal

Long residence under the immigration rules

Entry requirements There is no provision in the long residence rules to grant indefinite leave to enter. This means that a person who has not previously been granted leave to enter the UK, for example, because they have been on temporary admission, cannot qualify under the rules. However, where such a person meets all the other requirements of rule 276B, discretion should normally be exercised to grant them six months code 1 outside the Immigration Rules so that they can make an application in the UK.

Extension requirements Before 2 April 2007 it was not possible to grant limited leave to remain on the basis of long residence. On 2 April 2007, paragraph 276A1 and paragraph 276A2 were added to the Immigration Rules to allow long residence applicants to be granted an extension of limited leave to remain if they met all the requirements for indefinite leave on the basis of long residence, except for the knowledge of language and life in the UK requirement.

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