Instructions for applying for permanent residence in the UK 10

According to the current immigration law in the UK, the popular interpretation is permanent residence 10 years-any applicant who has lived in the UK continuously and legally 10 years can apply for the British Green Card (ILR). The following is an analysis of your application for permanent residence in the UK 10.

Concept:/kloc-What is 0/0 year permanent residence?

First of all, we must clarify "what is 10 year permanent residence"? In fact, the correct expression of "10 year permanent residence" on weekdays should be "applying for permanent residence on the basis of long-term residence in the UK". So how long will it take to stay in the UK for a long time? Yes, it is 10 year. The Guide to Long-term Residence Policy clearly states that from the day someone enters the UK, if he has lived in the UK continuously and legally for more than 65,438+00 years, he has the right to apply for permanent residence in the UK.

It should be noted here that the period of 10 years must be calculated from the day when the person enters the UK, not the day when the person gets a visa. Since the validity of a visa is generally earlier than the date when someone actually enters the UK, I need to declare it here. Strictly speaking, applicants can actually submit their applications 28 days in advance, that is to say, they have the right to apply for permanent residence if they have legally resided in the UK for 9 years 1 1 month and 2 days.

What is a legal visa?

Readers may have noticed two key points: "continuity" and "legitimacy". It is true that it may be easy to live in Britain for 10 years, but it is not necessarily easy to meet the requirements of continuing legality. Let's first look at what is "legal". There is a very simple standard here, that is, as long as the visa is issued by the British government (whether inside or outside the country), it is considered as a legal visa. The applicant is very sure about the general visa type. As we all know, student visa, work visa, spouse visa and other visa types are all counted under the legal visa type, but here I particularly emphasize that you should not ignore the "tourist visa". Tourist visas are excluded from the 10 permanent visa application by most people because they have no long-term residency, but many applicants ignore that tourist visas are also one of the "legal visas" and are included in the scope of 10 permanent visas.

What is a continuous visa?

Conceptually, the British government defines continuity as

"In 10 year, the number of days for an applicant to leave the country alone shall not exceed 180 days, and the cumulative number of days for leaving the country in 10 year shall not exceed 539 days".

The total number of days is 539, which is easy to understand. There are two aspects to pay attention to when providing single 180 days:

1) continuity and timeliness in Britain;

2) continuity and timeliness outside Britain.

Generally speaking, continuity in China is well guaranteed, and applicants can be considered as consistent with continuity as long as they guarantee that their visas will be issued at each renewal before the current visa expires. 10' s permanent residence guide even states that, in theory, as long as the applicant submits a new visa within 28 days after the expiration of the existing visa, it will remain continuous. In most cases handled by Peterson's lawyers, applying for a new visa after the visa expires is mostly regarded as "neutral" by the Immigration Bureau. If the details of the legal provisions are not clearly stated when submitting the application, the application will be rejected.

Continuity outside the country can be understood as: applicants must hold a British legal visa every time they leave the UK, and they must also hold a British legal visa every time they return to the UK (the visa types for leaving and entering the UK can be different), and the departure time cannot exceed 180 days.

The requirement for days is a hard indicator. If the applicant wants to strive for permanent residence of 65,438+00 years, these two indicators (65,438+080 days and 539 days) should not exceed the standard. Of course, the applicant can provide relevant materials to try to prove that it needs to exceed the departure days (volcanic eruption, medical condition, car accident, plane loss, etc. ), but the possibility of successful application may also be reduced.

Application conditions and application materials

In order to have a continuous legal visa, when applying for permanent residence in 10, applicants must pass an exam called "British Life Test". The exam is intended to test the applicant's knowledge of Britain. The exam will cover British history, contemporary politics, living rules, social system, national laws and regulations and other issues.

In addition, applicants need to be able to prove their language skills. Applicants can provide English test grade certificates including IELTS (with a level of B 1, that is, IELTS test score of 4) or provide the applicant's university diploma (if educated in the UK) to prove his English level.

Finally, the applicant must prove that he has a good life record in the UK and cannot have any criminal record, which is an important test to test whether the applicant can become a qualified British citizen. For most people in China, the record of driving violation is probably a headache, and it is also the key record that visa officers pay attention to when they apply for permanent residence at 10. According to the current violation regulations, the applicant's driving points will be deducted for up to 3 to 5 years according to different violation forms. In other words, if the applicant can just restore the driving points when applying for permanent residence, there will be no problem, otherwise your application will have a violation record, which is not good for your application.

After all the above conditions are met, the applicant can begin to prepare for applying for permanent residence. The application materials are simple, including an application form, two photos, a registration letter from the British police (if any), an application fee of 65,438+0,093, and materials that can prove the applicant's record in the UK, such as utilities, parliamentary tax, payroll, etc. All the above materials must be provided with originals and copies. It should be noted that there is no clear requirement for address proof and visa history in the legal provisions, but the applicant may not consider submitting relevant evidence! ! !

Policy Extension: Key Points in 20 Years and Immigration Supervision

2-year renewal, 20-year dividing line

Some applicants can't apply for permanent residence in 10, even if they have already met the conditions for permanent residence in 10, either because of language problems or because of the examination for living in the UK. In this case, the British side allows applicants to apply for a two-year renewal. They can use these two years to continue studying relevant knowledge in the UK, prepare for various exams, or use these two years to do what the applicants want to do. According to British regulations, if the applicant has been in the UK for less than 20 years after renewal, the visa type after renewal is the same as the previous visa type, while if the applicant has been in the UK for more than 20 years after application, the applicant will not be restricted by the previous visa type. For example, applicant A's last visa was signed by a student, and A's permanent residence in the UK was renewed for two years, with a total time of 65,438+00 years exceeding 20 years.

Naturalization and "Immigration Supervision"

Most China people have these two considerations after obtaining permanent residency:

1) preparing to become a British citizen;

2) After obtaining permanent residency, you can travel freely between China and Britain.

Let's talk about the former. After obtaining the permanent residency in Britain, you can obtain naturalization through a process called "naturalization", and the conditions are quite simple. Applicants can apply for nationality within one year after obtaining permanent residency. Applicants only need to ensure that their departure days in the past five years do not exceed 450 days, and the departure days in the past year do not exceed 90 days.

For the latter group, those who want to travel back and forth between China and Britain by using the permanent residence status in the UK, if they want to sing and want to keep their permanent residence status, then the applicant needs to ensure that they must return to the UK once every two years, otherwise the permanent residence card will be revoked.

In fact, the British side has not stipulated the time required for each stay in the UK. According to our experience, the requirement to return to the UK within two years is not an absolute quantitative assessment. What we should pay attention to here is the so-called "intention" in Britain. For people with permanent residency, what Britain wants to see is that you really want to settle down and live in Britain for a long time. In other words, if you can prove that you have an absolute connection with Britain and can show evidence that you have decided to live in Britain, then showing your permanent residence card at the time of entry should ensure your smooth entry. On the contrary, if you leave the UK for a long time and come back without showing evidence that you have returned to live in the UK, your permanent residence card is likely to be revoked.

Special rules of private life

Due to the imperfection of British immigration law in the early years, many immigrants did not go through legal procedures after entering the UK, so there is no guarantee that they can legally stay in the UK by applying for permanent residence in 10. The purpose of applying for permanent residence in private life is to solve the immigration problem of this group of people. This law is like this,

1) If the applicant has lived in the UK for more than 20 years, regardless of whether the visa type is legal or illegal, the applicant has the right to apply for permanent residency in the UK;

2) If the applicant is under 18 years old, he can apply for permanent residence in the UK as long as he can prove that he has lived in the UK for more than 7 years.

3) If the applicant's age is between 18-25, the applicant can apply for permanent residence in the UK as long as he can prove that he has had continuous sexual behavior in the UK and has stayed in the UK for more than half of the time.

We can see that the original intention of setting up private life is based on humanitarian considerations. For people who have lived in Britain for a long time without a legal visa, this is a legal way for them to immigrate to Britain.

Most people don't know the above third clause, even many lawyers are not familiar with this legal provision, but in reality, it is especially suitable for those applicants who enter the UK at a very young age. For example, if you enter the UK at the age of five or six, you can apply for a green card in the UK after six years.

In a word, the difficulties in applying for permanent residence of 10 mainly focus on the calculation and grasp of key concepts such as legal visa, continuous visa and gap. Conceptually, it is very important to ensure the intention to settle in Britain.