WEB 3001 Indefinite Leave to Remain: 10 years continuous lawful residence

L evel: Intermediate

Description:

The focus of this course will be on providing an overview of the legal framework for indefinite (and limited) leave to remain on the basis of 10 years of continuous lawful residence. The Webinar will cover practical tips in advising on and preparing these applications and appeals.

Case law developed in the past few years, such as Juned Ahmed, Masum Ahmed, Hoque & Ors and Afzal (in the Court of Appeal and pending a judgment by the Supreme Court) has made continuous lawful residence a difficult area on which to advise. This Webinar will bring the audience up to date on the import of the recent Court of Appeal case law and explain the distinction drawn between previous and current overstaying for applicants and appellants.

The effects of section 3C of the Immigration Act 1971, including when it is engaged and when it has come to an end, are crucial to understanding whether an applicant or appellant has continuous lawful residence. In the case of Akinola, the Court of Appeal examined the effect of s.3C in certain specific circumstances, such as out-of-time appeals and withdrawn and reconsidered decisions. Additionally, understanding how the exception to overstayers in paragraph 39E can affect whether an applicant can meet the requirements for continuous lawful residence is also important. In Kalsi and in Ali, the Court of Appeal examined the scope of paragraph 39E. Both of these areas of law will be covered in the Webinar.

The Home Office policy guidance document titled ‘Long Residence’ provides for the exercise of discretion where breaks in continuous or in lawful residence occurred due to compelling, compassionate, or exceptional circumstances. The Webinar will explore the manner in which the existence of such circumstances can be argued and demonstrated.

Recent statements of changes to the Immigration Rules introduced changes to the definition of lawful residence for the purposes of long residence applications. The Webinar will detail these changes, their meaning and impact on prospective applicants.

The Webinar will run through common scenarios that the tutors have come across in practice in preparing these applications and appeals, and provide an overview of the process including the fees and timeframes.

In this webinar we will aim to cover the following topics:

● When is the earliest an applicant can apply?

• What evidence should be included in an application?
• Has section 3C extended leave?
• When is there a break in lawful residence?
• Is the residence continuous?
• What is the effect of paragraph 39E for a long residence application?
• Should discretion be exercised over excess absences or breaks in lawful residence?
• How are the general grounds for refusal relevant?
• What application should family members make?
• How has recent case law changed the interpretation of the Rules?
• Can long residence be relied on as a new matter in an appeal?
• What other grounds should be raised in a long residence appeal?
• What evidence should be included in an appeal?

Audience:

Advisors, solicitors and barristers intending to advise, prepare and represent in applications and/or appeals regarding indefinite and limited leave to remain on the basis of 10 years continuous lawful residence.

Tutors: Zoe Bantleman, Legal Director at ILPA and Alex Papasotiriou of Richmond Chambers.

Zoe Bantleman is a barrister, the Legal Director of the Immigration Law Practitioners’ Association (ILPA), and an editor of the Journal of Immigration, Asylum and Nationality Law.

Her practice as a barrister covered a wide spectrum of advisory work, drafting and advocacy involving all aspects of UK immigration, nationality and asylum law. She has extensive experience in complex private and family life applications, including long residence applications. She regularly challenged decisions by preparing appeals for human rights and asylum claims and applications for administrative and judicial review.

She frequently writes about changes to the UK’s immigration law system and provides commentary on key cases, including on Hoque & Ors and Akinola. She is a contributing author to both Practical Law and LexisNexis. Zoe has previously taught ILPA webinars on 10 Years’ Continuous Lawful Residence, How to Prepare Fresh Asylum and Human Rights Claims, and Section 3C, Validation, Variation and Withdrawal of Applications.

Alex Papasotiriou is an immigration barrister at Richmond Chambers. Alex advises, prepares applications and represents clients in appeals and judicial review proceedings in relation to all matters of UK Immigration & Nationality law.

In particular, Alex is regularly instructed in human rights challenges involving children, adult dependants and/or medical or suitability issues. He also specialises in both EEA and non-EEA deportation appeals and deception cases, from deprivation of citizenship appeals, to judicial review claims against revocation of ILR and tax-related suitability issues. Alex further advises and assists in complex British nationality matters, such as historic Commonwealth cases requiring family status tracing, or cases involving adoption or surrogacy.

Alex authors articles and opinions on a variety of matters relating to UK immigration and nationality law. His case notes have been published in ILPA Monthly and the Journal of Immigration, Asylum and Nationality Law.