The 20-year long residence route is an important pathway for individuals who have lived in the UK for a substantial period but may not have formal immigration status. If you have been in the UK for 20 years and are considering applying for leave to remain, this guide answers some of the most common questions about the process.
What is the 20-year-long residence route?
The 20-year rule allows individuals who have lived continuously in the UK for at least 20 years to apply for limited leave to remain. Unlike the 10-year-long residence route, time spent in the UK without lawful status can count towards the 20-year requirement.
What qualifies as continuous residence?
Continuous residence means that you have lived in the UK without significant absences. Specifically, you should not have spent more than six months outside the UK at any one time, or more than 550 days in total over the 20-year period. Additionally, you must not have left the UK with no reasonable expectation of being able to return lawfully.
What evidence is needed to support my application?
Applicants must provide documents proving their residence for the entire 20-year period. Useful evidence includes:
- Utility bills and bank statements
- Tenancy agreements or council tax records
- Employment records (e.g., payslips and contracts)
- School or medical records
- Letters from family, friends, or community organisations confirming your presence in the UK
Can I apply if I have a criminal record or other suitability issues?
Applications can be refused on suitability grounds, particularly for criminal convictions. If you have served a custodial sentence of 12 months or more, your application is likely to be rejected. Even those with shorter sentences or repeated offences may face refusal. Other suitability issues include cases where an applicant has used false documents, provided misleading information to the Home Office, or is considered a threat to national security. Each case is assessed individually, so it is crucial to address any potential suitability concerns in your application.
How long does it take for the Home Office to decide on an application?
Processing times can vary, but generally, applicants should expect to wait up to 12 months for a decision. Delays may occur depending on the Home Office’s workload.
What happens if my application is refused? Can I appeal?
If your application is refused, you may have the right to appeal to the First-tier Tribunal (FTT) if your case engages human rights grounds, particularly Article 8 of the European Convention on Human Rights (right to private and family life). Appeals to the FTT require careful preparation, including submitting strong evidence of your continuous residence and any compassionate or exceptional circumstances. The tribunal will review your case independently, and if successful, the Home Office may be ordered to grant you leave to remain. If your appeal is unsuccessful, you may have further options such as appealing to the Upper Tribunal on a point of law or seeking a judicial review.
Does a successful application grant me indefinite leave to remain (ILR)?
No, a successful application under the 20-year rule does not lead directly to ILR. Instead, you will receive limited leave to remain for 30 months, typically with a ‘no recourse to public funds’ condition. After accumulating 10 years (120 months) of lawful residence on this route, you can apply for ILR.
Can I apply for British citizenship after 20 years in the UK?
Simply living in the UK for 20 years does not make you eligible for British citizenship. You must first complete the 10-year lawful residence requirement after receiving limited leave to remain and then apply for ILR. Once you have held ILR for at least 12 months, you may apply for naturalisation as a British citizen.
What are the costs involved in applying?
Applying for leave under the 20-year route requires paying the following fees (subject to change):
- Application Fee: £1,258
- Immigration Health Surcharge (IHS): £2,587.50
- Priority Service (optional): £1,000
What can prevent a person from qualifying under the 20-year rule?
The main reasons for refusal include:
- Failing the suitability requirements (e.g., criminal convictions or false representations)
- Not providing sufficient evidence of continuous residence
- Submitting an invalid application (e.g., incorrect fees or missing documents)
- Having spent excessive time outside the UK during the 20-year period
Conclusion
The 20-year-long residence route provides a vital opportunity for individuals who have built their lives in the UK to secure legal status. However, the process is complex and requires careful preparation. Ensuring you have strong supporting evidence and an understanding of the requirements can improve your chances of success. If in doubt, we recommend that you instruct an expert solicitor to deal with your application.
At Saracens Solicitors we have extensive experience dealing with various types of applications under the family and private life route. We will provide you with the support and guidance to ensure that your application is made correctly and that all the relevant issues are highlighted and addressed. Please call our immigration team on +44(0)20 3588 3500.
