ILR on the basis of 10-year long residence
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You may qualify for indefinite leave to remain in the UK on the basis of long residence if you have lived lawfully in the UK for a continuous period 10 years.
The rules related to the Long Residence route changed in April 2024 with the introduction of a new Appendix Long Residence in the Immigration Rules.
This Appendix has to be read in conjunction with Appendix Continuous Residence.
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ILR on the basis of long residence- legal requirements for the application
- You should be in the UK when making the application;
- The date of the application is considered the end of the requisite period of continuous residence – you can no longer rely on a historic period, or a period which ended in the past if the continuity of residence was subsequently broken.
- If your last leave to remain was granted on or after 11 April 2024, you have to have been in the country for at least 12 months on the day of the application holding the same type of leave;
- Continuous legal residence during the 10-year period is defined in Appendix Continuous Residence: no interruptions in the legality of stay with the exception of any periods of overstaying of up to 28 days before 24 November 2016, or disregarding periods of overstaying after 24 November 2016 if leave was nevertheless granted after this date and paragraph 39E of the Immigration Rules applied;
- Periods of overstaying disregarded for the purpose of calculating continuous lawful residence do not count towards the required period of 10 years and have to be compensated by way of additional time spent in the UK;
- Absences from the UK which started before 11 April 2024 should not exceed 548 days in total or 184 days in any one time;
- By implication, continuous residence is not interrupted if the applicant left the UK while holding a valid leave to remain and returned to the UK within six months with a valid leave to enter;
- The application should not fall for refusal on criminality grounds;
- Knowledge of English to B1 level (speaking and listening) and successful completion of the Life in the UK test.
Criminal convictions as a ground for refusal of ILR applications
An application for indefinite leave to remain must be refused in the following circumstances:
1. Where the applicant has been convicted of a criminal offence in the UK or overseas and received a custodial sentence of 12 months or more;
2. Where the applicant is a persistent offender and shows a persistent disregard for the law;
3. Where the applicant has committed a criminal offence which caused serious harm.
If your application falls for refusal on the above grounds, you may still be eligible to apply for further leave to remain. We strongly recommend that you discuss your case with a lawyer.
An application for indefinite leave to remain may be refused in the following circumstances:
1. Where there are public interest consideration which make grant of ILR undesirable;
2. Where the applicant has committed a criminal offence and received a custodial sentence of less than 12 months;
3. Where the applicant has committed a criminal offence and received a non-custodial sentence or an out of court disposal which is recorded on the applicant’s criminal record.
Where discretionary grounds for refusal may be raised, it is very important to discuss the mitigating factors with your lawyer. Legal representations are very important in applications which may or may not fall for refusal depending on how the decision-maker views the case.
Dependants of applicants for indefinite leave to remain under the long residence rule
It is important to bear in mind that there are no provisions for dependants to be included in the application for settlement under the long residence rule. We strongly recommend seeking immigration legal advice before applying as there is no general rule covering dependants of the applicants under the long residence rule and each scenario requires individual consideration.
Right of appeal against refusal of applications for indefinite leave to remain on the basis of long residence
Applications for indefinite leave to remain on the basis of long residence engage Human Rights (private life established in the UK), and a refusal of such application normally bears the right of appeal to an immigration tribunal.
If you qualify for indefinite leave to remain on more than one ground, for example, if you have completed five years in a work-related route and have reached 10 years lawful residence at the same time, you may benefit from legal advice and discussion of some subtle differences in the requirements and any potential risks associated with this or that option.
Long residence - Further leave to remain vs ILR
The requirements for further leave to remain on the basis of long residence are very similar to the requirements for indefinite leave to remain, with the following exceptions:
- You don’t have to hold last granted type of leave for 12 months;
- You don’t have to pass the Life in the UK test or the English language test
Applications can be made up to 28 days prior to completion of the qualifying 10-year period. Applications made earlier would normally be refused.
If you’re applying for indefinite leave to remain (ILR) the application fee is £2885.
If you are applying to extend your leave to remain the fee is £1,048. You will also have to pay the Immigration Health Surcharge – £2070 covering a 24-month period.
You can apply for super priority service or the next day decision making, although this service is not always available. The fee is £1000.
If you use the standard service, you will receive a decision within 6 months.
However, you can apply for the super priority service (an additional fee of £1000) to get a decision on your application by the end of the next working day (after you attend the biometrics appointment). Working days are Monday to Friday, not including bank holidays.
Where an application for indefinite leave to remain cannot succeed, for example, if the applicant’s immigration status changed in the last 12 months, or because the applicant does not meet the English language or Knowledge of Life in the UK requirement, the applicant may consider applying for extension of leave to remain on the basis of 10-year long residence.
Not any more – permission to enter the UK as a visitor breaks continuity of lawful residence and from 11 April 2024 you cannot rely on historic period of lawful residence once continuity of residence has been broken.
No, the rules changed on 11 April 2024 and this is no longer permitted.
No, the application has to be made from the UK.
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