If you have been residing in the UK continuously for 10 years, you may be eligible for settlement, subject to your absences from the UK and the visas you have held during the relevant 10-year period.
On 11 April 2024, we saw the government make significant changes to the Long Residence Immigration Rules. Whilst the new Rules were introduced, there was perplexity surrounding the absence limit and whether the 548-day Rule had been eradicated altogether. The wording in the Guidance policy stated that there would be “no 548-day limit” contradicting the amendment to the Rules. The Government finally released an amended Guidance for clarity on 9 July 2024, unfavourably asserting that the 548-day limit and any single absence of 184 days would continue to apply to any period you are relying on prior to 11 April 2024, and the new Rule of no more than 180 days of absence will apply to any relevant period on or after 11 April 2024.
The new Rules also introduced a provision that the applicant’s existing leave at the time of application must have been held for at least 12 months, thus potentially putting Students at a further disadvantage for prospectives of settlement in the UK.
How Gherson can assist
Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on X, Facebook, Instagram, or LinkedIn to stay-up-to-date.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
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