August 5, 2024 by admin

20 years in the UK: applying for leave to remain

In May we held a well-attended information session in our community space about the 20-year application for leave to remain. The session, led by HMSC’s immigration advisor, took participants through the process of making such an application, exploring the challenges encountered on the way. For those who were unable to join us, or anyone wanting to learn more about this long residence route, we have written up some of the session and included further information resources below.

What is the 20 years’ long residence rule?

This rule allows people to apply to remain in the UK based on having lived here for 20 years. If the application is successful, you are granted limited leave to remain (LLR) for 2.5 years as part of the 10-year route to settlement. After 10 years on this route (four periods of 2.5 years of LLR) you can settle in the UK by applying for indefinite leave to remain (ILR). In practice, this means that someone will need to have lived in the UK for over 30 years before they can apply for settlement. Before this rule changed in 2012 it was much shorter and more direct – you could apply directly for ILR after 14 years.

Evidencing you have lived in the UK for 20 years undocumented is not easy. People who are undocumented have severe restrictions on their rights and are forced into a state of invisibility by the UK’s hostile environment policies. The limited access to healthcare, lack of welfare support, lack of right to work or right to rent places undocumented migrants in vulnerable situations and forces many to live under the radar for fear of being detained or forcibly removed.

This makes record keeping and documentation of 20 years of residence difficult. For example, one visitor we recently supported arrived in the UK over 20 years ago. He has lived here since, working cash-in-hand jobs and paying for accommodation in cash. He did not register with a GP until after the pandemic. He is now almost 70 and his health has deteriorated, which has resulted in losing his job, being unable to pay his rent, and facing eviction and risk of homelessness. While he can make a 20-year application, evidencing his residence will not be easy.

Who can apply?

The basic requirements to make an application are being over 25 years old and having lived continuously in the UK for at least 20 years. Other things to consider are criminal convictions, unpaid NHS debts, or an asylum claim which is considered inadmissible. If any of the above apply, it doesn’t mean that you can’t make an application or that it is going to fail. But it is much better to be upfront and provide additional evidence to explain your situation and make your application stronger.

The application is not just about the amount of time that has passed – it is about uninterrupted life in the UK. Continuous residence requires that you’ve been living in the UK without any long breaks. This means no longer than 6 months or a total of 1.5 years in the 20 years. If you are deported or removed from the UK and return irregularly, this breaks continuous residence. Any time spent in immigration detention will count towards your 20 years. Time spent in prison will be like pressing a pause button – it won’t count, but continues once you’re out.

Proving your 20 years: gathering evidence

Now comes the detective work – gathering evidence to prove two decades living in the UK. Think of it as piecing together a puzzle and telling your life story with documents. The main thing to understand is that every year of residence must be documented with at least one piece of evidence. The Home Office prefers official documents like passports, bank statements, work contracts, payslips, or bills. But these might be difficult if you’ve been living with no right to rent or work.

Don’t worry if you’re missing some pieces – informal evidence also counts, though you will need more unofficial documentation for each year. Each piece of evidence contributes to painting a vivid picture of your life in the UK. This includes relationships, social life and community or religious activities. Letters from friends, witness statements from your faith group or charity you were supported by or even photos from community events can fill in the gaps. If you have used social media, any digital evidence of your presence in the UK that is dated also helps. The more pieces of evidence that you can provide the better.

A helpful starting point is to write out each year and go over everything that happened. Think through every year that you spent in the UK to try to remember and piece together what you did, where you lived, where you spent time and who with, and whether any documents exist to show that you were in the UK at that point. If there are no documents, are there any people who knew you at that time and who can provide witness evidence?

The application: navigating the formalities

The application can be made no earlier than 28 days before reaching your 20 years. As you begin your application journey, you’ll want to plan your steps. The key points are: filling out the correct form, paying the application fees, and gathering your documentation.

You don’t need to go on this journey alone – these applications are complicated and ideally you would have a legal representative to help you. Legal aid is available for those who need legal support in navigating the application and any potential obstacles. HMSC can help with trying to find a legal aid lawyer. But you can do a lot of the preparation for the application yourself, which will make it more likely that you will be able to find a legal representative to take your case.

Additional resources:

• The Right to Remain Toolkit is a good resource to look at for more information. This is a useful overview of 20-year applications providing guidance on the things to think about as you are preparing the application.
• Home Office Guidance is also a good source of information – see private life guidance here and a further appendix here.
• Detailed pdf of information shared in this workshop