Long Residence ILR in London

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 ten years continuous lawful residence in the UK, through most types of long-term leave or visa permission. It is important to appreciate not all UK immigration routes lead to ILR or settlement status.

The Long Residence route is therefore useful for those who manage to acquire ten years of continuous lawful residence through any immigration route/s to obtain ILR. It also enables individuals who obtain ILR to sponsor close relatives and apply for British Citizenship subject to meeting the requirements for it.

Significant changes were made to the 10 year ILR rule in April 2024, including:

• preventing those on short term visas from applying,
• how the 548 day absences period is to be calculated and applied; and
• requiring the individual to have had permission on their current route for at least 12 months.

The net impact of the April 2024 changes are significant and can be challenging, see section below.

The Long Residence application must meet both a validity and suitability requirement.

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

The Long Residence ILR suitability requirement means the person should not have:

• criminal convictions or
• been an overstayer in the UK.

• You must have held continuous lawful visa permission for 10 years
• Not been in the UK unlawfully
• Meet a residence requirement, see below
• 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?

Lawful residence means with immigration permission i.e. a visa grant.

To reach the ten year route an individual must have held ‘continuous lawful’ permission throughout this time without a break in their visa permission.

This means their visas should have been applied for in time and there should not be any visa gaps.

However, there are other events which can impact on their continuity of residence in the UK, which we examine below.

Types Of Visas Which Count Towards Long Residence

Generally speaking it includes long term visas which have been granted for more than six months (excluding short term visas).

It also includes:

• permission granted through the European Economic Regulations 2006 (EU Family Permits) and
• The EUSS scheme (Pre-Settled and Settled Status).

Time On Visas Which Do Not Count

• Visitor visas
• Those on short term study leave
• Seasonal workers
• 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 19 concession, although lawfully present, cannot count this period of time towards the ILR residency requirement.

They will need to hold permission through another visa route to make good the shortfall.

For example, if a person was granted three months through the COVID 19 concession, although lawfully present in the UK they cannot count this period of time towards the ten years required, which means they will need to accumulate a further 3 months through another immigration route – the net impact means they will need to have been here for ten years and three months (including the three months granted through the Covid concession) to qualify for ILR.

This potentially impacts on a significant number of people who were present in the UK during COVID and legal advice should be considered.

The Long Residence route allows time spent on visas which lead to settlement in their own right, to be aggregated towards the ten years continuous stay required, such as Skilled Workers, see below.

It is an alternative way of becoming eligible for ILR based on UK Long Residence for those who are not in an immigration route which will lead to settlement status, such as students.

It also provides flexibility for those who are in such routes, but are not able to continue with them due to their:

• employment ending early (Skilled Workers)
• relationship breaking down (Family visas)
• studies terminating (Students).

Examples Of How To Combine Visa Routes For Long Residence

Example One

An individual enters the UK on a three-year student visa to study a degree → then obtains a further two-year extension to the student visa to study a master’s degree → then obtains a two-year Post Study Work visa → and then a three-year Skilled Worker visa = eligible to apply through the Long Residence Rule on completion of ten years continuous residence.

In this scenario the student and Post-Study work visas on their own do not lead to ILR but provides the potential in combination to do so.

Furthermore, the individual does not have to complete five years on the skilled worker route (which does lead to ILR). In this scenario it benefits the individual as he/she will no longer be subject to the visa regime after 3 years.

Example Two

An individual enters the UK through a student visa for 3 years to study a degree → then obtains an extension of stay as a partner (spouse) for 2 and a half years → obtains an extension on this for another 2 and half years but in year 4 the relationship breaks down → and they switch into the Skilled Worker route for three years = they will be eligible to apply for ILR after ten years.

Guidance should be sought, particularly if there are challenges relating to meeting the ILR residency requirement through any immigration route.

Alternative Ways To Get ILR

There are other immigration routes which lead to ILR or settlement status within a shorter time frame of either:

• Three years (some limited business visas), or more commonly
• Five years, in both the business and family categories.

Further information on these type of immigration routes can be obtained by reading our service pages on individual visas contained on our website.

How RLegal Can Help

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.

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.

Post 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 – important to check this.

New absences rules apply, see below:

Pre 11 April 2024 Absences

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.

Post 11 April 2024 Absences

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.

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.

Example One

An individual accrues 750 days of absences over a ten year period.

On examination it transpires 300 of these days were taken post 11 April 2024. This means the 300 days can be completely disregarded and the total is 450 days within the 548 day requirement and they are eligible to apply.

Example Two

Using the same facts, it then comes to light there was a 190 day absence between 1 January 2023 and 31 December 2023. This would mean the person would be ineligible to apply as they have travelled for more than 184 days during a 12 month period.

Example 3

Again using the same facts instead of a 190 day absence there was a 179 day absence between 11 April 2024 and 10 April 2025 – the person would be eligible to apply.

Of course if he had travelled for 181 days during this time frame he would not be entitled to apply as he has travelled for more than 180 days.

It has made 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 as there are different sets of criteria in play.

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

Validity Requirement

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 And Processing Times

• £3226 standard processing fee – up to 6 months processing time
• £1000 optional Super Priority processing fee for a decision within 24 hours of attending a biometric appointment, subject to availability.

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

• Current passport where possible
• B1 English Language level certificate or alternative proof of language unless an exemption applies
• 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.

If a 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, if there current visa has expired during the application process 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 an alternative immigration application depending on the circumstances, as this may be a better option.

Our lawyers have successfully assisted many clients with 10 Years ILR applications under the Long Residence UK route for over 3 decades.

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.

Our lawyers have successfully argued absences during COVID 19 where there were long absences but the individual could demonstrate an intention to return.

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.

Feel free to contact our immigration solicitors for assistance with your application.