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Long Residence ILR

The 10-Year Long Residence route offers a pathway to settlement in the UK for individuals who have established a significant and lawful presence in the country over an extended period. This route acknowledges an applicant’s deep ties to the UK, built through continuous lawful residence for 10 years or more.

Most types of lawful permission count towards the qualifying period, with some exceptions, such as time spent as a Visitor or Seasonal Worker. Applicants who meet the requirements can apply for settlement immediately. If you meet the residence requirements but not the English language or Life in the UK Test requirement, you may still be able to apply for temporary permission to stay.

If you have lived in the UK for a long period but do not meet the 10-year lawful residence requirement, you may instead be eligible under Appendix Private Life.

Validity Requirements

To ensure an application for settlement on the Long Residence route is valid, applicants must adhere to the following requirements:

  • Specified Form: The application must be submitted using the designated form
  • Fee Payment: Any applicable application fee must be paid in full.
  • Biometrics: Required biometric information (fingerprints and photograph) must be provided.
  • Identity and Nationality: The applicant must establish their identity and nationality by providing a valid passport or other acceptable travel document.
  • Presence in the UK: The applicant must be physically present in the UK on the date the application is submitted.
Eligibility Requirements

Qualifying Period Requirement

To qualify for ILR on the 10-Year Long Residence route, an applicant must demonstrate that they have spent a continuous qualifying period of 10 years lawfully in the UK.

What Counts Towards the 10-Year Period

The continuous qualifying period must consist of time spent in one or more of the following categories:

  • Non-excluded routes: Time spent in any immigration route that is not excluded, for example, Student, Skilled Worker, Tier 1, Tier 2, Temporary Worker, Global Business Mobility, Appendix Family Life, Appendix Private Life.
  • Exemption from Immigration Control: Time spent in the UK while exempt from immigration control (e.g., diplomats, members of armed forces) is counted towards the qualifying period.
  • EEA National/Family Member: European Economic Area (EEA) nationals, or the family members of EEA nationals exercising treaty rights in the UK prior to 31 December 2020 may count time spent under the Citizens Directive and EEA Regulations in the UK.
  • EU Settlement Scheme: Applicants may also rely on time spent in the UK with settled status or pre-settled status under the EU Settlement Scheme
  • British Citizen: A period as a British citizen, unless that citizenship has subsequently been deprived, counts towards the qualifying period.
  • Crown Dependencies: Time spent in the Crown Dependencies (Bailiwick of Jersey, the Bailiwick of Guernsey and the Isle of Man) on a route equivalent to one in the UK does count in the calculation of the qualifying period for the purposes of long residence.
  • Coronavirus Extension Concession Grace Period: Extensions of permission granted under the Coronavirus extension concession and the following grace period (covering 24 January to 31 August 2020) count toward the qualifying period requirement.
What Does NOT Count Towards the 10-Year Period
  • Excluded Routes: Time spent in an excluded route such as a Visitor, Short-term Student (English language), Seasonal Worker, or under any of their predecessor routes, or under the Appendix Ukraine Scheme:
    • Note: If permission on an excluded route was extended by virtue of Section 3C of the Immigration Act 1971 (due to an in-time application), that extended period is also excluded.
  • Republic of Ireland: Even though it forms part of the common travel area, time spent with permission in the Republic of Ireland does not count in the calculation of the qualifying period for the purposes of long residence.
  • Bail: Time spent on immigration bail, temporary admission, or temporary release.
  • Overstaying: Periods of overstaying (disregarded or otherwise) are not included in the calculation of lawful presence.
  • Exceptional Assurance: Periods of exceptional assurance between 1 September 2020 and 28 February 2023.
  • Convictions: Conviction of an offence in the UK leading to a period of imprisonment (suspended sentences do not break continuous residence).
  • Deportation: Being subject to a deportation order, an exclusion order, or an exclusion direction.
Continuous Residence Requirement

Assuming applicants have spent 10 years in the UK under a qualifying route that counts towards the period required to obtain Long Residence settlement, their residence must also not be deemed to have been broken during this time. The events outlined below will not break continuous residence should they occur during the 10-year period:

  • Overstaying which is disregarded (see ‘Overstaying Exceptions’ below).
  • Time spent in the Common Travel Area (which includes the Republic of Ireland, Jersey, Guernsey, and the Isle of Man).
  • Absences from the UK within permitted limits:
    • For any part of the qualifying period before 11 April 2024: Not more than 184 days at any one time, or a total of 548 days outside the UK.
    • For any part of the qualifying period on or after 11 April 2024: Not more than 180 days in any 12-month period.
Permitted Reasons for Excess Absences

In exceptional circumstances, absences exceeding the permitted thresholds may be disregarded if compelling or compassionate reasons can be demonstrated. The Home Office may exercise discretion where excess absences were due to:

  • A natural disaster, military conflict, or global pandemic (e.g., COVID-19).
  • The life-threatening illness or death of a close family member.
  • A life-threatening illness of the applicant.
  • Other serious and unforeseeable events beyond the applicant’s control.
Overstaying Exceptions

Overstaying generally breaks continuous residence. However, certain circumstances allow periods of overstaying to be disregarded, meaning they do not break continuous residence, although they will not count towards the 10-year lawful presence:

  • Paragraph 39E of the Immigration Rules: This applies if an application is made within 14 days of the applicant’s previous permission expiring, provided there was a good reason beyond the applicant’s or their representative’s control for the delay.
  • Applications before 24 November 2016: If a successful application for permission was made within 28 days of the previous permission expiring.
  • COVID-19 Pandemic Related Overstaying: Any overstaying between 24 January 2020 and 31 August 2020 must be disregarded in line with Paragraph 39E. Time spent in the UK during the Coronavirus Extension Concession (24 January 2020 to 31 July 2020) and the subsequent grace period (1 August to 31 August 2020) is considered lawful presence and counts towards the qualifying period.
  • Exceptional Assurance: Time spent in the UK during a grant of exceptional assurance between 1 September 2020 and 28 February 2023 does not break continuous residence, but it does not count towards the qualifying period.

 

Time Awaiting a Decision on an Application or Appeal (3C Leave)

Permission on a route that counts towards the qualifying period, which is extended by virtue of Section 3C of the Immigration Act 1971 (while an in-time application or appeal is pending), counts as lawful presence for the purposes of long residence. However, if the underlying permission was on an excluded route (e.g., Visitor, Short-term Student), the 3C leave period is also excluded.

Exempt from Immigration Control

Time spent in the UK while exempt from immigration control (e.g., diplomats, members of armed forces) is counted towards the qualifying period. Upon cessation of exemption, individuals are typically granted ‘deemed leave’ for 90 days, during which they must either apply for permission or depart the UK.

Historic Residence

Following recent changes to UK immigration rules, continuous residence periods are calculated by counting back from the relevant application date. This means an applicant cannot rely on a historic 10-year qualifying period that concluded in the past.

Requirement to Have Been on Current Immigration Route

Applicants must have been on their current immigration route for at least 12 months on the date of application, or have been exempt from immigration control within the 12 months immediately before the application date. This requirement does not apply if the applicant’s current permission was granted before 11 April 2024.

Applying Within 28 Days of Completing the Qualifying Period

Applications for 10-year ILR must be submitted no earlier than 28 days before the applicant completes the required qualifying period, provided all other requirements are met and any periods of overstaying (disregarded or otherwise) are accounted for.

Applications from Outside the UK during the qualifying period

In limited circumstances, an application made from outside the UK during the qualifying period will not break continuous residence if the applicant had permission when they left the UK and returned with valid permission in the same or another route, provided the absence did not exceed 184 days (for absences starting before 11 April 2024) or 180 days (for absences starting on or after 11 April 2024).

Knowledge of Language and Life in the UK (KOLL)

To qualify for Indefinite Leave to Remain (ILR) on the 10-Year Long Residence route, applicants must satisfy both the English language requirement and the Life in the UK Test requirement, unless an exemption applies.

Applicants must demonstrate English language ability to at least Common European Framework of Reference (CEFR) Level B1 in speaking and listening. This requirement can be met by:

  • Passing an approved English language test at CEFR Level B1 or above from a Home Office-approved provider.
  • Holding a UK degree or higher qualification taught in English.
  • Holding a GCSE, A Level, Scottish National Qualification at level 4 or 5, or Scottish Higher or Advanced Higher in English, which was awarded by an approved UK educational institution and obtained while the applicant was under the age of 18 and in full-time education in the UK.

Applicants must also have passed the Life in the UK Test, which assesses knowledge of British history, customs, and values. The test must be taken at an approved UK test centre

Applicants may be exempt from either or both requirements if they:

  • Are aged 65 or over.
  • Have a long-term physical or mental condition that prevents them from meeting the requirement (supported by medical evidence).
  • Previously met these requirements as part of a successful settlement application (in limited cases).
Conditions of ILR Grant of Leave

Upon being granted Indefinite Leave to Remain (ILR) under the 10-Year Long Residence route, an individual’s immigration status is no longer subject to time limits or visa renewal requirements. ILR confers the right to live, work, and study in the UK without restriction, and the individual is no longer required to maintain a specific immigration category or sponsorship.

While ILR is granted on an indefinite basis, it can be lost in certain circumstances:

  • Absence from the UK: ILR status will automatically lapse if an individual is absent from the UK for more than 2 continuous years.
  • Serious Criminal Offence: The Home Office may decide to deprive or revoke ILR, particularly if a serious criminal offence is committed that meets the threshold for deportation.

If ILR has lapsed due to a prolonged absence abroad, an individual may be eligible to apply for a Returning Resident visa, depending on their ties to the UK and the specific circumstances of their absence.

Refusal of 10-Year ILR and Appeal Rights

An application for Indefinite Leave to Remain (ILR) on the basis of 10 years’ long residence is treated by the Home Office as a human rights claim. Consequently, if an application is refused, the applicant will ordinarily have a right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber) under Section 82 of the Nationality, Immigration and Asylum Act 2002.

This right of appeal arises because the refusal of a long residence ILR application is considered to engage Article 8 of the European Convention on Human Rights, which protects the right to respect for private and family life. As a result, applicants may challenge the Home Office’s decision on both factual and legal grounds, including errors in the assessment of their residence history, interpretation of the Immigration Rules, or consideration of any exceptional or compassionate circumstances.

How we can help

Applying for Indefinite Leave to Remain on the basis of 10 years’ continuous residence can be complex. The rules around absences, lawful residence, overstaying, and eligibility are strict, and even a small mistake can lead to delays or refusals. It is therefore crucial to prepare your application carefully and ensure every detail is accurate from the outset.

At Distinct Law, we take a holistic approach. We have assisted many clients in securing settlement through the 10-Year Long Residence route, and we can help you assess your circumstances, highlight any risks, and present the strongest possible case to the Home Office. We can support you with:

  • Assessing eligibility: reviewing your immigration history to confirm whether you meet the 10-year continuous lawful residence requirement.
  • Analysing absences: checking whether your time outside the UK is within permitted limits, and advising on how to explain or evidence absences where discretion may apply.
  • Dealing with overstaying: advising if paragraph 39E or COVID-19 concessions may apply and whether overstaying periods can be disregarded.
  • Language and Knowledge requirements: guiding you through the English language and Life in the UK test requirements, and assessing if you may qualify for an exemption.
  • Evidence preparation: ensuring all necessary documentation (identity, residence, absences, financial stability, etc.) is included and compliant with the Immigration Rules.
  • Strategic advice: exploring whether Long Residence ILR is your best option or whether another immigration route may better suit your circumstances or long-term plans.
  • Appeals and refusals: representing you if your application is refused, including appeals to the First-tier Tribunal. With our experience, we ensure that your case is presented clearly, comprehensively, and persuasively, minimising the risk of delay and maximising your chances of success.

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Frequently asked questions

Yes, one of the main advantages of the 10-Year Long Residence route to Indefinite Leave to Remain (ILR) is that it allows you to combine periods of lawful residence in the UK under different visa categories, provided the residence has been continuous and lawful throughout.

Visa types that do not count

Some categories are excluded and cannot be used towards the 10-year qualifying period. These include:

  • Time spent as a Visitor under Appendix V;
  • Time as a Short-Term Student under Appendix Short-term Student;
  • Time as a Seasonal Worker under Appendix Temporary Work – Seasonal Worker;
  • Time granted under the Appendix Ukraine Scheme.

Any residence in these categories will not count and will also break your continuous residence.

Visa types that do count

Most other visa categories can be combined to reach the 10-year threshold, including:

  • Student visas (including Tier 4 and current Student route);
  • Skilled Worker and older Tier 2 routes;
  • Graduate, Global Talent, Innovator, and Tier 1 categories;
  • Family routes (spouse, parent, child);
  • Time spent in the UK with a right to reside under the EEA Regulations (while they were still in force).

Unlike most ILR routes, which generally require five years on a single category, the 10-year route allows you to mix different visas to reach settlement. This makes it particularly useful for people who have switched immigration categories but maintained lawful residence throughout.

That said, there are important differences:

  • Five-year ILR routes: usually faster but more rigid, often involving strict salary thresholds, sponsorship, and limited switching.
  • 10-year Long Residence route: more flexible but with stricter documentation and residence checks. You must show lawful residence for the entire period and avoid any gaps in immigration status.

If you qualify under both the five-year and 10-year routes, the right option depends on:

  • How long you’ve already lived in the UK;
  • Which visas you’ve held and whether they qualify;
  • Whether you meet requirements such as the 12-month current permission rule (for applications made after 11 April 2024);
  • Your longer-term goals, such as family sponsorship or eventual British citizenship.

 

Please bear in mind that all UK political parties have now indicated their intention to increase the qualifying period for settlement under the Skilled Worker route from five years to ten years. While no legislative changes have yet been implemented, this signals a potential shift in government policy that applicants should be aware of when planning their long-term immigration strategy.