The new Appendix Long Residence of the Immigration Rules comes into force on the 11th of April 2024 and makes some significant changes to the long residence rules. In this immigration law update video, Adam Pipe provides a helpful summary of the changes.
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Hi and welcome to this latest immigration law update video. In this video, I wanted to look at the new long residence rules and give you a summary of the new Appendix Long Residence which comes into force on the 11th of April 2024 and makes some significant changes.
If you want my free resources and immigration law updates, do click on the link. I'll put the link in the description or scan the QR code. I'll put this slide back up at the end of this video.
So, I've been reading through the statement of changes HC 590 which was laid before Parliament on the 14th of March 2024. In fact, as today's a Sunday evening, it's the 17th of March, I'm preparing some training I'm about to do, and a lot of the focus has been on the changes to the skilled worker route and also to the minimum income requirement under Appendix FM. But significantly within HC 590, there is a new set of long residence rules, a new appendix.
So let's look at the explanatory memorandum. And it says this in 5.33: Appendix Long Residence replaces existing provisions in part seven, so rules 276A to 276D are being deleted from the immigration rules. Appendix Long Residence is drafted in line with the recommendations of the law commission for greater consistency across immigration routes. The standard requirements within Appendix Continuous Residence, Appendix English Language, and Appendix Cool UK have been applied to the long residence route and we'll go through that in a minute.
Appendix Long Residence includes a policy change whereby applicants must have had their current permission for one year or have been exempt from immigration control within the 12 months immediately before their application to qualify for settlement on this route. This aligns the requirements of this route with wider requirements for settlement. But you're going to see there's a transitional provision in relation to that, and I'll come to that. So stay with us throughout the video.
Appendix Long Residence also includes changes to standardize the conditions for Grants of temporary permission to stay on the long residence route. Let's look at when Appendix Long Residence comes into force. So, this is an extract from the implementation provisions of HC 590 and LR App LR1 is Appendix Long Residence, so we'll see the following paragraphs shall take effect on the 11th of April 2024. If you've made an application before the 11th of April 2024, it's the rules in force as of the 10th of April 2024, and look at the list there, the last on the list, App LR1, so Appendix Long Residence comes into force on the 11th of April 2024.
Let's jump into that appendix then. In italics, this is the introduction to the appendix in the immigration rules. It says this: The long residence route is for a person who has lived in the UK lawfully and continuously for 10 years or more. The person can count time with permission on most routes towards the 10-year qualifying period. There is no provision for dependence of a person on the long residence route to apply on this route. A person may apply for immediate settlement if they meet all of the requirements for settlement or may apply for temporary permission to stay if they meet the suitability and qualifying period and continuous residence requirements. But do not meet the English language or knowledge of life in the UK requirements. And if you apply for temporary permission to stay, look at what I've put in brackets. That's my brackets there. LR 7.1 says you'll be granted 24 months. So under Appendix Long Residence, if you can't meet the English language requirement and or the knowledge of the life in the UK requirement, you can be granted 24 months. I'm not going to go through in this video the requirements for temporary permission to stay, but effectively the suitability and qualifying period requirements are the same as those for settlement, and I'm going to go through the settlement requirements.
A person who's lived in the UK for a long period but has not been lawfully and continuously resident for 10 years may be eligible to apply under Appendix Private Life. So let's look at... We're going to look at the settlement Provisions, as I've said, and let's look at the validity requirements. They start at LR 9.1. A person applying for settlement on the long residence route must apply online on the gov.uk website on the specified form apply to settle in the UK- long residence. There's a new online form you've got to pay your fee, provide your biometric and provide your identity documents. You must be in the UK at the date of application and if your application doesn't meet all of the validity requirements, it may be rejected as invalid and not considered.
What are the suitability requirements? Well, you mustn't fall for refusal under part nine, which are the general grounds of refusal, and you must not be in breach of immigration law unless paragraph 39 applies. 39e that is applies and that period of overstaying will be disregarded, but it doesn't count towards the qualifying period. We're going to come to that in a moment. You can't use the time on 39e to count towards your 10 years, but you can apply under 39e or you mustn't be on immigration bail.
So let's look at the eligibility requirements. And firstly, the qualifying period requirement. So 11.1 the applicant must have spent a qualifying period of 10 years lawfully in the UK for the entirety of which one or more of the following applied. So firstly, you've got to have had permission in the UK but you can't rely on permission as a visitor, short-term student or a seasonal worker or any of their predecessor routes. And those changes were brought in last year in 2023, and they've been carried through into the new appendix.
Or you must have been exempt from immigration control or the applicant was in the UK as an EA National or the family member of an EA National exercising a right to reside under the EA regulations of 2016 prior to 11:00 p.m. on 31st December 2020 and until the 30th of June 2021 or the final determination of application and appendix EU made by them by that date. So, this is a change. Previously, that last C about somebody with a right under the EA regulations was only in the policy guidance and wasn't in the rule itself. It's now being brought into the rule itself.
But here are some significant changes 11.2: The following periods will not count towards the qualifying period for long residence. So, you can't count a time on immigration bail, temporary admission, or temporary release. But look at B and C. Over the last couple of years, there's been a huge amount of case law on about disregarded periods of overstaying. Look at the case of Hawk, look at the case of AFA. Well, now it's made clear you cannot count these periods in between periods of leave towards your qualifying period. So any period of overstaying between periods of permission before 24th November 2016, even if a further application was made within 28 days of the expiry of the previous permission, and any period of overstaying between periods of permission on or after the 24th November 2016, even if paragraph 39e applies to that period of overstaying. So that implements what was said by the Supreme Court in AFA that the disregarded period it's a shield not a sword. So it doesn't positively count towards your qualifying period. You can't count any current period of overstaying where paragraph 39e applies. So again, it's made clear you can't rely on 39e.
Subject to 11.4, the applicant must have had permission on their current immigration route for at least 12 months on the date of application or have been exempt from immigration control in the 12 months immediately before the date of application. So that's that policy change they referred to in the explanatory memorandum. But note 11.4: If the applicant's current permission was granted before 11th April 2024, LR 7.3 does not apply. The requirements of Appendix Continuous Residence, as we've said, apply. The English language requirement applies. So Appendix English Language B1 level. Appendix Cool UK applies. Knowledge of life in the UK obviously with English language, if you're applying that an exemption applies, you need to be able to rely on that.
And what about your decision? So, 15.1, this is important, significant stuff here. The decision-maker is satisfied that the suitability and eligibility requirements for settlement on the long residence route are met, the applicant will be granted settlement. But look at 15.2: If the decision-maker is not satisfied the suitability and eligibility requirements for settlement on the long residence route are met but thinks the applicant may meet requirements permission to stay on the long residence route or one of the following routes the applicant will the application will be varied by the Secretary of State to an application for patient to stay. The roots they list are as a partner, parent, or child under Appendix FM or under Appendix Private Life. If the application is varied, you'll be contacted by the Secretary of State.
There'll be no additional application fee. The settlement fee will not be refunded and you're going to have to pay the immigration Health charge. If you don't pay the immigration Health charge or don't successfully obtain a waiver, the application will be rejected as invalid and you'll not get a refund. If the application is varied to an application for permission to stay and the decision-maker is satisfied the suitability and eligibility requirements for permission to stay on the long residence route and met the applicant will be granted permission to stay on the long residence route.
So if it's varied to an application for permission to stay and you can meet the suitability and eligibility requirements under the long residence route, you'll get that leave. But 15.6: If the decision-maker is not satisfied the requirements for permission to stay on the long residence route are met the applicant will be considered under the leave to remain rules for partner, parent or child under FM and the permission to stay requirements of Appendix Private Life and where the relevant rules are met the applicant will be granted under those rules.
Finally, 15.7: If the decision-maker is not satisfied the requirement for settlement or permission to stay on the long residence route unmet and the applicant is not granted permission to stay under Appendix FM or Appendix Private Life the applicant will be refused settlement on the long residence route.
So those are the changes that are coming into force on the 11th of April this year with the new Appendix Long Residence. So it's important to be aware of that. Obviously, as the rules come into force, we'll expect to see some guidance and as more comes out, I'll do more videos on that. But thank you so much, I hope that is helpful to you.