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In the wake much uncertainty concerning rights to stay in the UK, many non-UK residents may want to consider the fact that in some cases time spent under EU law could count towards a 10-year long residence application.

If a person has lived in the UK for a continuous period and hasn’t incurred any criminal convictions for 10 years they can apply for indefinite leave to remain. A continuous period means adhering to certain requirements which can be found here.

To be eligible to apply you must have adhered to the rules of your visa and if you are aged between 18 and 65-years-old you are required to pass Life in the UK test and prove you have sufficient English language skills. Although if you don’t meet these standards you can apply to extend.

You are also allowed to leave the UK for certain periods at a time during your continuous residence, namely 180 days in one period and a total of 540 days.

Under Immigration Rules for third country nationals time spent in the UK does not count as lawful if you are residing in the UK as a family member or spouse, if you are an EEA national but have not qualified for permanent residence or if you are a former family member with a right of residence.

With this application evidence needs to be show that rights have been exercised under the various treaties which set up the European Union, during the time which qualifies them for continuous residency.

Disclaimer: The material contained in this article is for general information only, and is not intended as a substitute for professional advice. Readers should seek an appropriate professional for advice regarding their particular circumstances.
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