LONG RESIDENCE ILR

The Long Residence route is open to individuals who have lived in the United Kingdom continuously and lawfully for 10 years or more.  The Long Residence route leads to a grant of indefinite leave to remain in the UK.

Time spent in most immigration routes can count towards the 10 year qualifying period for settlement on the Long Residence route.

Dependent partners and children do not automatically qualify for ILR at the same time as the main applicant, but may apply separately.

Requirements for ILR on the Basis of 10 Years Long Residence

In order to qualify for indefinite leave to remain on the basis of 10 years long residence, you will need to satisfy UK Visas and Immigration that:

• You are in the UK on the date of application;
• You have spent a qualifying period of 10 years lawfully in the UK, throughout which:
  • You had permission to stay, other than permission as a Visitor, Short-term Student (English language) or Seasonal Worker; or
  • You were exempt from immigration control; or
  • You were in the UK as an EEA national, or the family member of an EEA national, exercising rights of free movement prior to 31 December 2020 (and until 30 June 2021 or the final determination of an application under Appendix EU made by that date);
• If your current permission was granted on or after 11 April 2024, you have had permission on your current immigration route for at least 12 months on the date of application, or have been exempt from immigration control in the 12 months immediately before the date of application;
• You have spent a continuous unbroken period of 10 years resident in the UK;
• You are able to demonstrate English language ability at CEFR Level B1 (unless an exemption applies);
• You have passed the Life in the UK test (unless an exemption applies);
• You are not in the UK in breach of immigration laws or on immigration bail;
• Your application does not fall for refusal on the general grounds for refusal.

The exact requirements you will need to satisfy will vary depending on your circumstances.  You may want to speak to an immigration lawyer for expert advice.

To discuss your 10 Year Long Residence ILR application with one of our immigration barristers, contact our Long Residence Settlement lawyers on 0203 617 9173 or complete our enquiry form below.

Qualifying Period Requirement for Settlement on the Long Residence Route

In order to qualify for ILR on the Long Residence route, you will need to satisfy the Home Office that you have spent a qualifying period of 10 years lawfully in the UK.

Throughout the 10 year qualifying period you must either have:

• Held valid immigration permission (except permission as a Visitor, Short-term Student (English language) or Seasonal Worker); or
• Been exempt from immigration control; or
• Been in the UK as an EEA national, or the family member of an EEA national, exercising rights of free movement prior to 31 December 2020 (and until 30 June 2021 or the final determination of an application under Appendix EU made by that date).

If you have overstayed your immigration permission or spent time on immigration bail at any point in the 10 year period then this period of time will not count towards the qualifying period of 10 years lawfully in the UK for Long Residence.

Current Immigration Permission Requirement for 10 Years Long Residence ILR

If your current immigration permission was granted on or after 11 April 2024, you must have held your current immigration permission for at least 12 months in order to qualify for settlement on the Long Residence route. The only exception is if you have been exempt from immigration control within the 12 months immediately before your application.

The effect of the requirement for applicants to have held their current immigration permission for at least 12 months is that Short-term Students, Visitors and anyone else who has leave to enter or remain in the UK for less than 12 months cannot qualify for Long Residence ILR.

If you apply after 11 April 2024, are on a longer term route and have not held your current immigration permission for at least 12 months, you may need to delay your 10 Year Long Residence ILR application beyond the 10th anniversary of your entry to the UK in order to qualify for indefinite leave to remain on grounds of long residence.

Continuous Residence Requirement for Indefinite Leave to Remain on the Long Residence Route

In order to satisfy the continuous residence requirement for a 10 Year Long Residence ILR application you will need to have spent the qualifying 10 year period continuously resident in the UK.

Absences from the UK

Extended absences from the UK can break continuous residence.  In order to ascertain whether your absences from the UK will break your period of continuous residence, you will need to prepare a detailed travel schedule setting out all of your absences from the UK during your 10 year qualifying period, in most cases ending on the proposed date of application.

For any part of your 10 year qualifying period that is before 11 April 2024:

During the period from the start of your qualifying period to 10 April 2024 you:

• must not have been outside the UK for more than 184 days (6 months) on any single occasion (without permitted reason); and
• must not have spent more than 548 days (18 months) in total outside the UK (without permitted reason).

For any part of your 10 year qualifying period that is on or after 11 April 2024:

During the period from 11 April 2024 to the end of your qualifying period, you:

• are no longer restricted to 548 days outside the UK in total; but
• must not have been outside the UK for more than 180 days in any rolling 12 month period (without permitted reason).

Time spent in the Channel Islands / Isle of Man is not treated as time spent in the UK for the purpose of the 10 Year Long Residence ILR continuous residence requirement.

Permitted reasons for excess absences include (but are not limited to) where the excess absence was due to travel disruption on account of a natural disaster, military conflict or pandemic (including Covid) or compelling and compassionate personal circumstances, such as the life-threatening illness of the applicant, or life-threatening illness or death of a close family member.  If any of your excess absences were due to such reasons, the Home Office may be persuaded to omit these absences when assessing the continuous residence period in the UK.  Our immigration barristers can advise on the merits of making a 10 Year Long Residence ILR application on this basis.

The Position of Current (And Former) International Students

International students (or former students), who previously would have been prevented from qualifying for ILR on the 10 Year Long Residence route by reason of having spent more than 548 days (18 months) outside the UK during the 10 year qualifying period, may benefit from the more generous provisions that now apply to any part of the qualifying period that is on or after 11 April 2024.

Previously, school and university holidays would typically have resulted in most international students spending more than 18 months outside the UK, causing their continuous residence to be broken. However, the 548 day rule now only applies to any part of the 10 year qualifying period that is before 11 April 2024. Although applicants will still need to demonstrate that they were not outside the UK (without permitted reason) for more than 184 days on a single occasion / 548 days in total in the period from the start of their qualifying period to 10 April 2024 and for more than 180 days in any rolling 12-month period after 11 April 2024, this does open up the possibility for an increasing number of international students (or former students) to satisfy the continuous residence requirement for a 10 year Long Residence ILR application even where they have travelled outside the UK between academic terms.

Other Factors Which Break the 10 Year Continuous Residence Period

The 10 Year Long Residence ILR continuous residence period will be broken if you have been convicted of an offence and sentenced to a period of imprisonment (unless it is a suspended sentence) or directed to be detained, you are subject to a deportation order or removal directions, or you do not have, or did not have, immigration permission.

Applications for 10 Year Long Residence ILR Based on Historic Residence 

Under a previous version of the Immigration Rules, it used to be possible to qualify for indefinite leave to remain or settlement based on a historic period of 10 years continuous lawful residence in the UK.

Under the Long Residence Immigration Rules currently in force, the continuous residence period is calculated by counting back from either the date of application, any date up to 28 days after the date of application or the date of decision, whichever is most beneficial to the applicant. This means that an applicant can no longer rely on a historic 10-year qualifying period,

Satisfying the continuous residence requirement for a 10 Year Long Residence ILR application can be complex.  You may wish to consult one of our immigration lawyers for expert advice.

Unable to Satisfy the 10 Year Long Residence ILR Continuous and Lawful Residence Requirement?

If you have lived in the UK for a long time but are not able to demonstrate that you have lived in the UK continuously and lawfully for 10 years, you may qualify for leave to remain on human rights (private life) grounds.  We recommend speaking to an immigration lawyer for expert advice.

English Language Requirement and Life in the UK

In order to qualify for indefinite leave to remain on the 10 Year Long Residence route you will need demonstrate English language ability at CEFR Level B1 and have passed the Life in the UK test (unless an exemption applies).  The English language requirement can be met by relying on an approved English language test, but also GCSE’s and A’Levels.

10 Year Long Residence ILR Application Fee

The Home Office application fee for a 10 Year Long Residence ILR application is currently £2,885.   Additional fees will apply if you use the Super Priority Service.

10 Year Long Residence ILR Processing & Decision Waiting Times

The current Home Office processing time for a 10 year Long Residence ILR application is 6 months.

There is no 5 working day Priority Service for 10 Year Long Residence ILR applications, but if you apply via the Super Priority Service then you should receive a decision on your Long Residence application by the end of the next working day.

Duration of Long Residence ILR 

Once you have been granted indefinite leave to remain on grounds of long residence, you will be free from any immigration time restrictions. You will not lose your indefinite leave to remain unless you are absent from the UK for more than two years or commit a serious criminal offence.

Long Residence Application Right of Appeal

A long residence application is deemed to be a human rights claim and will trigger a right of appeal to the First-tier Tribunal if refused.

How Our Immigration Barristers Can Help

Our immigration barristers regularly assist foreign nationals to obtain ILR and settle in the UK on the basis of 10 Years Long Residence.

Whether you require expert advice on the requirements of the Immigration Rules, an independent assessment of your prospects of qualifying for indefinite leave to remain on the basis of 10 Years Long Residence or professional assistance with preparing a 10 Years Long Residence route immigration application or appeal, our immigration barristers can help.

We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. We are a highly driven team, dedicated to providing clear and reliable immigration advice to individuals as part of a professional and friendly service.