A Practical Guide to Long Residence Applications Under the Immigration Rules

Immigration is a fact of life. There are a variety of reasons why one may wish to relocate including to seek safety, to seek further education, for work or for family etc.



A natural consequence of relocation is the upheaval of an established life and the establishment of new roots. It follows therefore that the longer an individual remains in one place the deeper their roots in that place will have settled. This natural consequence is recognised within the Immigration Rules which set two alternate criteria for those wishing to settle on the basis of roots not set out in other categories (i.e. those who cannot apply on the basis of family life, for example).



This book considers the proper interpretation of the rules concerning lawful residence in the United Kingdom and how an applicant can successfully navigate those rules in order to obtain indefinite leave to remain based on lawful residence. It provides an insight into issues that arise whilst making an application as well as providing guidance on how to resolve issues for those looking to make an application in the future.



ABOUT THE AUTHOR



Rajiv Sharma is a Public Law Barrister and member of the Public Law and Human Rights team at The 36 Group Chambers. He has appeared in many important cases at all levels of the Court system from the Tribunals to the Senior Courts. Rajiv has appeared before the Courts as leading Counsel and his area of speciality is Immigration Law.



Rajiv is a fierce advocate and does not shy away from making difficult or aggressive arguments, where necessary.

Rajiv is also engaged in advising the next generation of practitioners and takes pride in his role as a Visiting Lecturer, particularly the work involving teaching on the professional courses.



CONTENTS



Chapter One - Introduction

Chapter Two - What Do We Mean by 'Long Residence'?

Chapter Three - The Requirements Broadly

Chapter Four - Statutory Extension

Chapter Five - 10 Years' Residence Accrued During Statutory Extension

Chapter Six - Applications by Overstayers

Chapter Seven - Other Decisions of the Courts

Chapter Eight - Breaks in Continuity

Chapter Nine - Discretion

Chapter Ten - Other Considerations

Chapter Eleven - Conclusions