ILR Long Residence Guidance

The Long Residence Rule is an immigration route leading to indefinite leave to remain (ILR) and is available to those who have completed a period of 10 years continuous lawful residence in the UK through most types of long term leave or permission.

There are other immigration routes which lead to ILR or settlement status within a shorter period time of either 3 or 5 years and are route specific. Guidance should be sought, particularly if there are issues relating to meeting the ILR residency requirement. 

Under the ILR Long Residence route, time spent on visas which do not lead to settlement themselves can be aggregated towards the 10 year continuous stay, such as student visas. It is an alternative way of becoming eligible for ILR based on UK Long Residence. 

Over the years there have been a number of changes to the ILR Residency Requirements. Significant changes were made to the 10 year ILR rule in April 2024 such as preventing those on short term visas from applying, and how the 584 day absences period is to be calculated and applied. 

The net impact of the April 2024 changes are significant and can be challenging. Our team of lawyers can provide expert guidance.

Our lawyers have built up a wealth of experience having worked on the Long Residency laws since the 1990's. Contact us if you would like to discuss your Long Residence application.

ILR Long Residence Requirements

The Long Residence ILR requirements are as follows:

The Law 

The Long Residence application must meet both validity and suitability requirements.

In order to be valid the Long Residency application must have been submitted in the correct way, see below.

The suitability Long Residence ILR requirement means that the person should not have criminal convictions or been overstayers in the UK.

• • you must have held continuous lawful visa permission for 10 year years
  • not been in the UK unlawfully
  • meet the Knowledge of Life in the UK requirements if aged between 18 to 64 or be exempt.

What is the continuous lawful residence requirement? 

10 year continuous lawful residence

Lawful residence means with immigration permission but excludes:

• • visitors
  • those on short term study leave or seasonal workers who were in the UK
  • those subject to bail, temporary admission or temporary release - in other words did not have leave to remain
  • those living in the UK through the Ukraine scheme.

Permission through the COVID concession and Long Residence

Those who were allowed to remain in the UK through the COVID concession, although lawfully present, cannot count this period of time towards the ILR residency requirement.

They will need to hold permission through a visa route to make good the shortfall. This potentially impacts on a significant number of people who were present in the UK during COVID and legal advice should be considered.

How to apply for 10 years Long Residence ILR

A Long Residence application for ILR can be submitted up to 28 days before the completion of the 10 year period provided that the applicant will still have a valid visa on the 10 year anniversary.

The validity requirements mean that a long residence application must:

• • be submitted online through form SET LR
  • an application fee paid
  • supporting documents uploaded.

Long Residence Application fees 

£2885 standard processing fee

£1000 optional Super Priority processing fee

ILR Long Residence Documents

The Long Residence Application requires an individual to produces the following mandatory documents:

• • Current passport
  • B1 English Language level certificate or alternative proof of language
  • Life in the UK Test certificate.

However it is advisable to produce the following documents:

• • expired passports covering the 10 year lawful residence UK period
  • BRP's
  • Certificate of Registration documents
  • Council tax bills
  • Bank statements
  • Educational certificates
  • Tenancy agreements/evidence of ownership of property
  • Utility bills

The documentation in support of a Long Residence Application will depend on the circumstances of the case.

What are the new rules for indefinite leave to remain?

The new Long Residence ILR rules became effective from 11 April 2024 and has meant there are are pre and post 10 Years ILR laws to consider.

11 April 2024 changes

From 11 April 2024 an individual must be on his current immigration route for at least 12 months unless the visa was issued prior to this date.

New absences rules apply, see below:

Absences prior to 11 April 2024

An individual should not have a single period of 184 days absence and not have been absent for more than 548 days up to this date.

Absences post 11 April 2024

An individual must not have been absent for more than 180 days in 'any' 12 month period and absences since the above date are not subject to a 548 day limitation.

Two different sets of criteria for assessing law residence UK

The 11 April 2024 ILR Residency Requirement changes means an individual will have to meet two separate sets of legal criteria if absences straddle this date in order to determine whether they can comply with the UK Long Residence rules.

It will make the task of assessing whether an individual meets the ILR Residency Requirement more challenging not only for individuals but also for the Home Office and lawyers. 

What can I do if my 10 year long residence application is refused?

If the Long Residence Application is refused an individual's recourse will depend on the circumstances.

If the individual still has outstanding permission then the avenue is to challenge the decision by way of Judicial Review in the High Court.

Otherwise an appeal against the negative Long Residence ILR decision can be made to the First Tier Immigration Tribunal to be heard before an independent immigration judge.

It may be worth lodging a fresh Long Residence Application depending on the circumstances, as this may be a better option.

How our immigration lawyers can help

Our lawyers have successfully assisted many clients with 10 Years ILR applications under the Long Residence UK route.

Particularly since the new challenges posed by the April 2024 changes, it is important to have the correct Long Residence Guidance to ensure that your application complies with the 10 Year ILR laws.

We can assist with completion of the online SET LR form and ensure the correct supporting documents are provided. We will ensure your application meets the ILR Residency Requirements of April 2024.

About the author

Evan Remedios is a solicitor and co-founder of RLegal. Indeed his first case going back to 1992 was a 10 Year ILR application for a family. Since then he has assisted many clients and represented individuals through the legal system who required legal assistance with their leave to remain applications.