Successful argument made that time spent reporting to Home Office should count towards 10 years lawful residence

We are delighted to have been recently successful in representing a client in their application for Indefinite Leave to Remain. This was on the basis that our client lawfully resided in the UK for 10 years. We argued that the time spent reporting to the Home Office following an unsuccessful asylum claim should count towards her 10 years lawful residence.

Background

Our client was a Chinese national who entered the UK in 2008 and claimed asylum at the airport. She was granted temporary admission and was told to report to the Home Office once a month.

Her asylum claim was initially refused in 2012 and she continued to report every month to the Home Office. She gave birth to her first child in 2013 and her second child in 2016. In 2016, further submissions were submitted to the Home Office based on her children living here in the UK and she was granted leave to remain in 2018 which expired in 2021.

In 2021, the client approached Lisa’s Law to make an application for an extension. We advised her that she should make an application for Indefinite Leave to Remain on the basis of continued lawful residence here in the UK for 10 years. We advised her that the time spent reporting needed to be considered as lawful residence.

Legal Framework

Paragraph 276A(b) of the immigration rules confirms what circumstances are considered as lawful residence. The act states:

(b) “lawful residence” means residence which is continuous residence pursuant to:

(i) existing leave to enter or remain; or

(ii) temporary admission within section 11 of the 1971 Act (as previously in force), or immigration bail within section 11 of the 1971 Act, where leave to enter or remain is subsequently granted; or

(iii) an exemption from immigration control, including where an exemption ceases to apply if it is immediately followed by a grant of leave to enter or remain.

Decision

We argued that section 278A(b)(ii) applied to her case. We were elated to have received the decisions this week confirming that she had been granted indefinite leave to remain. The client is of course delighted as she has saved thousands of pounds in Home Office, Immigration Health Surcharge and legal fees in applying for extensions which she expected to have to do another 3 times.

The client and her children can now build a life here in the UK with no immigration restrictions sand we wish them all the best in their future endeavours.

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