What lawful and continuous means

Notices from the UK Border Force or Home Office

Some people cannot get Indefinite Leave to Remain because the Home office has sent out a Notice about them. The Notice means they cannot accumulate any more lawful time in the UK. These Notices are called

  • Enforcement Notice, and
  • Removal Notice, and
  • Notice of Intention to Remove.

Get advice if you think one of these Notices has been sent out about you. Choose Find a local adviser below.

Foreign nationals with convictions

It is not likely you will get Indefinite Leave to Remain or be allowed to become a British Citizen. This is because your conviction will never be spent. ‘Spent’ means the convictions can be ignored after an amount of time has passed.

 

6 tests for lawful residence

You have to pass all 6 tests. Get advice if you cannot pass all 6 tests.

  1. When you first came to the UK you got Leave to Enter from the UK Visas and Immigration office, and
  2. You have a current visa right now that gives you permission be here, and
  3. There has never been a gap of more than 28 days between the visas you got over the last 10 years and the one you have right now, and
  4. You have not had 2 or more court sentences in the UK
  5. You have never been convicted of an offence, anywhere in the world if you are a citizen of another country
  6. In the last 10 years, you have not been convicted of an offence in the UK and been sent to
  • prison for 28 days or more, or
  • a secure hospital for 28 days or more , or
  • a Young Offenders Institution for 28 days or more

Some of your residence in the UK has not been lawful if you do not pass all 6 tests.

 

5 tests for continuous residence

You have to pass all 5 tests. Get advice if you cannot pass all 5 tests.

  1. You have not been out of the UK for 6 months or more in one go, and
  2. You not been out of the UK for 18 months or more in total, and
  3. You never been convicted of an offence that you had to serve a court sentence for, and
  4. If you left the UK there was always enough time on your visa for you to return using the same visa, and
  5. You can show you always intended to return to the UK if you left, and can show this e.g. you never intended to emigrate to another country

Some of your residence in the UK has not been continuous if you do not pass all 5 tests.

 

Choose 1 of the 3 options below

 

Option 1 – I pass all the lawful and continuous residence tests

Option 2 – I do not pass all the lawful and continuous residence tests

Option 3 – I am not sure

 

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