Long residence and private life – the changes to Article 8 of the ECHR

The rules on long residence recognise the ties a person may form with the UK over a lengthy period of residence here. Settlement can be granted under paragraphs 276A-276D of the Immigration Rules after a period of 10 year’s continuous lawful residence. Before 9 July 2012 it was possible to grant long residence after a period of 14 years continuous residence, but that provision was removed by changes to the Immigration Rules on that date. However, a person granted an extension of stay following an application made before 9 July
2012 can still be considered under the rules in force before that date.

This means a person granted leave to remain on the basis of 14 years residence in the UK can still be granted ILR once the requirements are met. Paragraph 276ADE of the Rules provides for a person to be granted leave to remain on the grounds of private life on the basis of long residence in the UK.