Migrants who have accumulated ten years of continuous lawful residence (10-year lawful residence) under any combination of visas may qualify for Indefinite Leave to Remain.
This would also include those who spent a period of time on temporary admission or immigration bail and were subsequently granted a visa.
An example of this would be if a migrant came to the UK and claimed asylum or submitted a human rights application. Such applications take a very long time to be considered, in some cases, years. During this time, the person would usually be given temporary admission or immigration bail, allowing them to stay in the UK temporarily.
If the migrant is subsequently granted leave, then the time spent on temporary admission or immigration bail could be counted towards calculating 10 years of lawful residence.
It was also possible to count periods of time spent on a visitor visa in the 10-year lawful residence calculations.
Changes to the Law
On 9th March 2023, the Home Office published the Statement of Changes to the Immigration Rules: HC 1160, to stop such periods from counting towards the 10-year lawful residence calculations.
The statement stated that from 13th April 2023, lawful residence no longer includes time spent in the UK under Appendix V: Visitor or time spent on immigration bail.
However, the changes did not specifically state whether these changes applied to previous versions. For example, Appendix V: Visitor was introduced on 24th April 2015. Therefore, those who have spent time as a visitor before 24th April 2015 may still be able to use this time in their calculation for 10 years lawful residence.
Regarding immigration bail, previously, many were granted temporary admission or temporary release. It is only post-2018 when people were granted immigration bail. Therefore, those who have spent time on this may still be able to apply.
Further Changes to the Law
The Home Office has been attempting to quickly close this gap with the introduction of a new statement of changes to the immigration rules on 7th September 2023.
They have made the following changes that will take effect from 5th October 2023:
Time spent on a visitor visa – they have included ‘or any relevant predecessor routes.’
Immigration bail – they have also now specifically included temporary admission or temporary release.
Act Now
The rules will change from 5th October 2023. If you have held temporary admission/release or held a visitor visa before 24th April 2015 and would like this period included in your 10-year long residence application, then contact us today, and we can assess your case.
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