Human Rights & Overstayers: Understanding the 20-Year Residence Rule
At HM & Co. Solicitors, we are committed to supporting individuals who have overstayed their visas in the UK. This guide provides information on the 20-year residence rule, a provision that may offer a pathway to regularising your immigration status.
What Is the 20-Year Long Residence Rule?
Introduced on 9 July 2012, the 20-year residence rule replaced the previous 14-year provision. Under this rule, individuals who have resided continuously in the UK for 20 years, regardless of their immigration status during that period, may be eligible to apply for limited leave to remain. It’s important to note that this rule does not apply to those who have resided unlawfully for 10 years.
Requirements for the 20-Year Residence Rule
To qualify under this rule, applicants must:
Provide documented evidence of continuous residence in the UK for 20 years.
Understand that any period of imprisonment does not reset the 20-year count but pauses it; the count resumes after the imprisonment period concludes.
Be aware that a prison sentence exceeding 12 months may affect the application’s success.
Evidence Required for the 20-Year Residence Application
Applicants should gather documentation demonstrating their continuous residence, which may include:
Bank statements
Housing or accommodation records
Employment records, such as payslips or employer letters.
Application Process for the 20-Year Residence RuleImmigration Advice Service
The application involves:
Submitting an online application form through the UK government’s official website.
Providing biometric information and supporting documents, including a valid passport and proof of continuous residence.
Attending an interview if requested, particularly in complex cases.
Our experienced team at HM & Co. Solicitors can assist you in compiling the necessary evidence to support your application.
Addressing Common ConcernsRight to Remain
Illegal Employment or Use of False Documents: While such factors must be addressed carefully, they do not automatically result in application refusal.
Overstaying Concerns: The 20-year rule is designed to consider those who have overstayed, and such circumstances are taken into account during the application process.
Understanding Discretionary Leave
Successful applicants under the 20-year rule are typically granted discretionary leave to remain for 30 months. After accumulating 10 years of lawful residence under this provision, individuals may apply for indefinite leave to remain.Saracens Solicitors+1QC Immigration+1
Discretionary leave permits:
Legal employment in the UK
Travel outside and return to the UK
Access to certain benefits, subject to eligibilityThe Guardian
How HM & Co. Solicitors Can Assist
Our approach includes:
Evaluating your case to determine eligibility under the 20-year rule.
Offering a comprehensive consultation lasting 1 hour and 15 minutes, priced at £150 inclusive of VAT.
Providing a clear quotation for handling your application, typically around £2,000, depending on case complexity.
For personalised assistance and to discuss your circumstances confidentially, please contact HM & Co. Solicitors at your earliest convenience.
Your Questions, Answered
FAQs
Human Rights & Overstayers
What should I do if I have overstayed in the UK for 20 years?
If you have been living in the UK continuously for 20 years—even without legal status—you may be eligible to apply for limited leave to remain under the “20-Year Long Residence Rule.” Each case is assessed individually, taking into account your personal circumstances, such as how long you’ve overstayed and why. We strongly recommend seeking legal advice before proceeding with your application, as expert guidance can significantly improve your chances of success.
Where do I submit my application under the 20-year rule?
Applications are submitted online via the UK government’s visa and immigration portal. However, it is highly advisable to speak to an immigration solicitor before applying. At HM & Co. Solicitors, we assist clients with gathering the appropriate documentation, preparing their evidence, and completing the application to the highest standards.
How do I obtain the right of abode if I’ve overstayed?
The “right of abode” allows an individual to live in the UK without immigration restrictions. However, overstayers must regularise their status before this becomes possible. If you’ve overstayed for 20 years or more, you may first be eligible for limited leave to remain under the long residence rule. If granted, this could eventually lead to indefinite leave and ultimately the right of abode. To determine your eligibility, contact our team for a confidential consultation.
What are the main requirements for the 20-Year Long Residence Route?
To qualify, you must:
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Have lived continuously in the UK for at least 20 years (lawful residence is not required)
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Provide consistent documentary evidence of your presence during that entire period
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Show that any periods spent in prison are excluded from the 20-year count
Accepted forms of evidence include tenancy agreements, utility bills, bank statements, employment records, school or medical records, and more.
How can HM & Co. Solicitors assist me with my overstayer case?
Overstaying your visa can be distressing, especially when dealing with uncertainty around your future in the UK. At HM & Co. Solicitors, our experienced legal team offers:
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A free, confidential initial discussion
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Case-by-case advice tailored to your individual situation
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Expert support in compiling and presenting your documents
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Full legal representation throughout the application process
We understand the emotional and legal challenges involved in these cases and are committed to providing clear, compassionate, and professional support every step of the way.
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