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ILR after 10 Years Long Residence

If you have completed 10 years continuous lawful residence in the UK you may be entitled to apply for indefinite leave to remain (ILR) in the UK under the Long Residence Rule.

This category provides a path to indefinite leave even if your current immigration permission does not qualify for settlement under one of the 5 year rules, e.g. student or graduate permission.

From 12 April 2023, time spent on a visit visa or short term student visa category will no longer count towards continuous lawful long residence.

The basic requirements for a long residence ILR application are that you have held continuous lawful visa permission for 10 years and that you have not been absent from the UK for more than 18 months over the 10 year period.

Previous applications that have been submitted to the Home Office late may impact on the prospects of a successful 10 Year Long Residence application.

If successful an applicant will be entitled to reside in the UK for an indefinite period so long as they do not live abroad for more than 2 years. Furthermore, holding ILR enables a person to work, receive state assistance and potentially naturalise as British citizens. 

The long residence immigration lawyers at RLegal have successfully assisted many individuals and family members to obtain ILR through the Long Residence rule.

We have navigated clients through many situations, sometimes utilising the courts, and have built up a considerable knowledge of this aspect of the law. Indeed, Evan Remedios, a partner at this firm found that his first immigration case in 1992 involved assisting a family to obtain indefinite leave under what was then the long residence concession, before it was ever incorporated into the immigration rules. 

RLegal immigration solicitors can guide you through the complex evidential requirements and assist you from start to finish with your application for ILR. We will take the worry out of the process and ensure the application satisfies the legal requirements for obtaining indefinite leave to remain under the Long Residence Rule.

For more information, please contact us on +44 (0)20 7038 3980 where you can talk to one of our team or email us on info@rlegal.com

Alternatively click on the links below for frequently asked questions.

 

To qualify for permission to stay in the UK under the 10 Year Long Residence Rule the applicant will need to demonstrate that they:

 

- have had at least 10 years continuous lawful residence in the United Kingdom but not including time spent as a Visitor, Short-term Student or Seasonal Worker;

- from 11 April 2024, that they have held their current immigration permission for at least 12 months prior to applying, unless that visa was granted prior to 11 April 2024;

- have been absent from the UK for less than 540 days (18 months) during the 10-year residency period;

- have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom unless exempt - for those who cannot satisfy this requirement they may be able to simply to apply for a visa to stay in the UK through this route for up to 2 years at a time; and

- having regard to the public interest there are no reasons why it would be undesirable for him to be given indefinite leave to remain on the ground of long residence, taking into account his age, strength of connections to the UK, personal history (including character, conduct, associations and employment record), domestic circumstances, and any compassionate circumstances.

An application under the Long Residence Rule must be submitted to the Home Office on a prescribed online form with the correct documents and the appropriate fee.

 

You are able to lodge your application for ILR, 28 days before the completion of the 10 year residency period.

 

Applications under the 10 Long Residence Year Rule made through the standard system are currently taking approximately 4-6 weeks to process.

 

An application under the 10 Year Rule can also be submitted through the super-priority service for an additional fee.

 

If your application is refused, you should have a right of appeal against the Home Office’s decision which is processed in the UK.

 

The Home Office charge a basic application fee of £2885 for indefinite leave to remain. There is the option of paying a further £1000, i.e. £3885 for super priority treatment which should lead to a decision within 72 hours.

- Comprehensive legal advice relating to the immigration rules on Long Residence.

 

- Ensuring your application meets the legal requirements.

 

- Assistance with compiling the complex evidence required for a Long Residence ILR application.

 

- Completion and submission of all forms.

 

- Booking a biometric appointment.

 

- Ongoing liaison with the authorities where possible.

 

As immigration solicitors we can also process your application under the Long Residence Rule in person through the premium same day service facility offered by the Home Office.

 

Please contact us by telephone on 020 7038 3980 via email at info@rlegal.com or by completing our online contact form to discuss your case with a member of the team.

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