Stop The Clock | 10 Years Long Residency | Discretionary Leave | Long Residency | Human Rights
Paragraph 276B(i)(b) allows settlement to be granted where the applicant has had 20 years continuous residence here (whether or not the residence was lawful), excluding any period following the service of:
- a notice of liability to removal; or
- a decision to remove by way of Directions under paragraphs 8 to 10A, or 12 to 14, of Schedule 2 to the Immigration Act 1971, or section 10 of the Immigration and Asylum Act 1999; or a notice of intention to deport (also known as a Notice of a decision to make a deportation order).
Service of any of the above notices "stops the clock" for the purposes of paragraph 276B(i)(b). This means that, if the applicant had not accumulated 14 years continuous residence on the date the "clock stopping" notice was served, they will never be able to qualify under paragraph 276B(i)(b).
Notices which stop the clock include:
- IS151A Part 2
- IS151B (NSA) (used in NSA cases)
- IS151B (CERT) (used where an asylum or Human Rights claim has been refused and certified under section 96 of the Nationality, Immigration and Asylum Act 2002).
- Notice of intention to deport ICD.1070
- Prior to the introduction of the ICD.1070 (on 2 October 2000), the notice of intention to deport was the APP 104.
ICS Legal :: Immigration Advice | UK Visa | Tier 1 HSMP | British Citizenship | Marriage Visa. ICS Legal is part of ICS Legal Immigration Specialists Ltd. The content and the source codes contained in this page and subsequent pages of www.icslegal.com are the property of ICS Legal Immigration Specialists Ltd. Company Reg Company No. 08703375. Company Registered in England & Wales. By logging into the site, you have accepted our terms and conditions and must abide accordingly. Unauthorised reproduction and copying is strictly prohibited. Selective contents of the website have been re-produced in accordance to Office of Public Sector Information (OPSI). ICS Legal Immigration Specialists Ltd holds PSI Licence and licence number is C2009002244. Parliamentary Licence number is P2009000241.