The Home Office has recently updated its guidance on the 10-year long residence route, offering much-needed clarity on the transitional provisions for absences. This comes after significant confusion arose from the ambiguous drafting of the new immigration rules introduced on 11 April 2024. The initial guidance suggested that the 548-day limit on absences no longer applied to applications made after April 2024, causing widespread uncertainty.
The Home Office had to pause decision-making in cases where absences exceeded 548 days until its policy team could clarify the rules and guidance. As of 8 July 2024, the updated “Long residence” and “Continuous residence” guidance provides a clearer understanding of how absences will be calculated.
Updated Guidance
The updated “Long residence” guidance states:
“These transitional arrangements preserve the position that continuous residence will be broken if an applicant has been absent from the UK for more than 184 days at any one time or for more than a total of 548 days overall, where that absence started before 11 April 2024.”
Similarly, the “Continuous residence” guidance clarifies:
“These transitional arrangements preserve the position that continuous residence will be broken if an applicant has been absent from the UK for more than 184 days at any one time where the absences started before 11 April 2024, or for more than a total of 548 days overall in any part of their qualifying period before 11 April 2024.”
This means that:
- Any single absence starting before 11 April 2024 must be no longer than 184 days.
- Any part of a 10-year qualifying period before 11 April 2024 must not exceed total absences of 548 days.
- From 11 April 2024, the applicant must not have been outside the UK for more than 180 days in any 12-month period.
Detailed Provisions
The guidance repeats and reinforces these points: “If the applicant is applying under Appendix Long Residence, any absences from the UK which started before 11 April 2024 will be considered towards a limit of 184 days in any single absence, and not more than 548 days in total for any part of the qualifying period before 11 April 2024.”
Essentially, the cap of 548 days on any absences before 11 April 2024 applies to the entire 10-year period. Interestingly, this is not done on a pro-rata basis. Whether an applicant relies on two years or nine years before April 2024 as part of the 10-year qualifying period, their absences allowance for that period remains 548 days.
Implications and Future Considerations
Although the new guidance appears clear, the previous guidance also seemed straightforward before it was clarified. Given the complexity and history of the 10-year long residence route, which has often required litigation in higher courts, applicants and legal practitioners should approach this guidance with caution.
There is a possibility that these provisions could be subject to future legal challenges, given the intricate nature of immigration law and its application.
The Home Office’s updated guidance on the 10-year long residence route brings much-needed clarity to the transitional provisions for absences. By setting specific limits on absences before and after 11 April 2024, the guidance aims to streamline the application process and ensure consistency in decision-making. However, given the history of complexities associated with this immigration route, applicants should remain vigilant and consult legal advice to navigate the nuances of these rules effectively.
For further information and updates, applicants and legal practitioners are encouraged to review the latest Home Office guidance documents and stay informed about any future changes that may arise.
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