Individuals who have resided in the United Kingdom continuously and lawfully for a period of 10 years or more are eligible for the Long Residence route. The Long Residence route results in the granting of indefinite leave to reside in the United Kingdom.

The 10-year qualifying period for settlement on the Long Residence route can be credited to time spent in the majority of immigration routes.

Dependent partners and children are not inherently eligible for ILR at the same time as the primary applicant; however, they may submit separate applications.

ILR Requirements Based on 10 Years of Long-Term Residence

To be eligible for indefinite leave to remain based on a 10-year period of residence, you must satisfy the following criteria as outlined by UK Visas and Immigration:

• On the date of the application, you are located in the United Kingdom.
• You have resided in the United Kingdom lawfully for a minimum of 10 years, during which time you have:
  • In addition to your status as a visitor, you were granted permission to remain.
  • Seasonal Worker or Short-Term Student (English Language); or
  • You were exempt from immigration control; or
  • Prior to 31 December 2020, you were in the United Kingdom as an EEA national or a family member of an EEA national, exercising your right to free movement. This status continues until 30 June 2021 or the final determination of an application under Appendix EU submitted by that date.
• In the event that your current permission was granted on or after 11 April 2024, you have either been exempt from immigration control in the 12 months immediately preceding the date of application or have had permission on your current immigration route for a minimum of 12 months at the time of application.
• You have resided in the United Kingdom for a continuous period of ten years without interruption.
• You are capable of exhibiting English language proficiency at the CEFR Level B1 level, unless an exemption is granted.
• You have successfully completed the Life in the UK test, unless an exemption is granted.
• You are not in the UK in violation of immigration laws or on immigration bail.
• Your application does not qualify for rejection under the general grounds for refusal.

The specific requirements that must be met will vary based on your specific circumstances. For expert guidance, it may be beneficial to consult with an immigration attorney.

Qualifying Period Requirement for Settlement on the Long Residence Route

To be eligible for ILR under the Long Residence route, you must demonstrate to the Home Office that you have resided in the United Kingdom lawfully for a minimum of 10 years.

During the 10-year qualifying period, you must either:

• Possessed valid immigration authorization (excluding authorization as a Visitor, Short-term Student (English language), or Seasonal Worker); or
• Have been exempted from immigration control; or
• The individual must have been in the United Kingdom as an EEA national or a family member of an EEA national, exercising their right to free movement, prior to December 31, 2020 (and until June 30, 2021, or the final determination of an application under Appendix EU made by that date).

This period of time will not be counted towards the qualifying period of 10 years lawfully in the UK for Long Residence if you have previously overstayed your immigration permission or spent time on immigration parole during the 10-year period.

Requirements for Current Immigration Permission for a 10-Year Long-Term Residence ILR

In order to qualify for settlement on the Long Residence route, your current immigration permission must have been granted on or after 11 April 2024 and must have been held for a minimum of 12 months. The sole exception is if you have been exempt from immigration control within the 12-month period immediate prior to your application.

The requirement for applicants to have held their current immigration permission for a minimum of 12 months has the consequence that Short-term Students, Visitors, and any other individual who has leave to enter or remain in the UK for less than 12 months is ineligible for Long Residence ILR.

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

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

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

Continuous residence may be disrupted by prolonged absences from the United Kingdom. To ascertain whether your absences from the UK will disrupt your period of continuous residence, you will need to create a comprehensive travel schedule that outlines all of your absences from the UK during your 10-year qualifying period, which typically concludes on the proposed date of application.

For any absences that started before 11 April 2024!

If an absence commenced prior to April 11, 2024, you are prohibited from having been absent from the United Kingdom for a total of 184 days (6 months) on a single occasion (without a permissible reason).

For any absences that started after 11 April 2024!

You are required to have been outside the United Kingdom for no more than 180 days in any rolling 12-month period (without permitted reason) if an absence began after April 11, 2024.

An applicant was required to have spent no more than 548 days (18 months) outside the UK in total during the 10-year qualifying period under a previous iteration of the 10 Year Long Residence ILR rules. This requirement is no longer applicable to applications in which the qualifying period concludes after April 11, 2024.

The 10 Year Long Residence ILR continuous residence requirement does not consider time spent in the Channel Islands / Isle of Man as time spent in the UK.

Excess absences are permissible for personal reasons, including but not limited to travel disruptions caused by a natural disaster, military conflict, or pandemic (including Covid-19) or compelling and compassionate personal circumstances, such as the applicant's life-threatening illness or the life-threatening illness or death of a close family member.

In the event that any of your excess absences were attributable to these reasons, the Home Office may be persuaded to disregard them when evaluating your continuous residence period in the UK. On this basis, our immigration solicitors can provide guidance on the advantages of submitting a 10-year long-term residence ILR application.

The Current and Former Status of International Students

In the past, international students (or former students) who would have been unable to qualify for ILR on the 10 Year Long Residence route due to spending more than 548 days (18 months) outside the UK during the 10 year qualifying period may now benefit from the more lenient absence provisions that are in effect.

The majority of international students would have spent more than 18 months outside the UK during school and university holidays in the past, which would have disrupted their continuous residence.

The 548-day rule, however, is no longer applicable to applications in which the qualifying 10-year period concludes after April 11, 2024.

This affords international students (or former students) the opportunity to fulfil the continuous residence requirement for a 10-year long residence ILR application, even if they have travelled outside the UK between academic terms.

Additional Factors That Violate the 10-Year Continuous Residence Period

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

Applications for a 10-year long residence ILR based on historical residence

In the past, it was feasible to qualify for indefinite leave to remain or settlement in the United Kingdom by demonstrating a 10 year history of continuous lawful residence in the country under a previous version of the Immigration Rules.

The continuous residence period is determined by counting back from the date of application, any date up to 28 days after the date of application, or the date of decision, whichever is most advantageous to the applicant, under the Long Residence Immigration Rules that are currently valid.

This implies that an applicant is no longer able to rely on a historical 10-year qualifying period.

The continuous residence requirement for a 10-year extended residence ILR application can be intricate to satisfy. You may wish to seek the guidance of one of our immigration solicitors.

Incapable of satisfying the Continuous and Lawful Residence Requirement for a 10-Year Long Residence ILR?

You may be eligible for leave to remain on human rights (private life) grounds if you have resided in the UK for an extended period of time but are unable to produce evidence of continuous and lawful residence for a period of 10 years. We suggest that you consult with an immigration attorney to obtain professional guidance.

Life in the United Kingdom and the English Language Requirement

You must have passed the Life in the UK test and have demonstrated English language proficiency at CEFR Level B1 in order to qualify for indefinite leave to remain on the 10 Year Long Residence route, unless an exemption applies. The English language requirement can be satisfied by utilising an approved English language test, as well as GCSE's and A'Levels.

ILR Application Fee for a 10-Year Residence

Currently, the Home Office charges a fee of £2,885 for a 10-year long residence ILR application. Use of the Super Priority Service will incur additional charges.

Processing and Decision Waiting Times for a 10-Year Residence ILR

The current processing period for a 10-year Long Residence ILR application by the Home Office is six months.

There is no 5-day Priority Service for 10-year Long Residence ILR applications. However, if you submit your application through the Super Priority Service, you should receive a decision on your Long Residence application by the end of the following business day.

Long-Term Residence ILR Duration

You will be exempt from any immigration time restrictions once you have been granted indefinite leave to remain on the basis of extended residence.

No, your indefinite leave to remain will not be forfeited unless you commit a substantial criminal offence or are absent from the UK for a period exceeding two years.

Long Residence Application Right of Appeal

A long-term residence application is considered a human rights claim and will result in a right of appeal to the First-tier Tribunal if it is denied.