The 10-Year Long Residence Indefinite Leave to Remain (ILR) route is one of the most accessible paths to settlement for individuals who have legally resided in the UK for a decade. With its clear-cut requirements and life-changing benefits, it offers an opportunity to establish permanent roots in the UK. However, as with any immigration route, there are complexities that applicants must navigate. In this article, we delve into the intricacies of the 10-Year Long Residence ILR, providing a detailed overview of eligibility, continuous residence, permitted absences, and the application process.
What Is the 10-Year Long Residence ILR?
The 10-Year Long Residence ILR is designed for individuals who have lived in the UK continuously and lawfully for 10 years. It allows them to apply for indefinite leave to remain, granting them the right to reside permanently in the UK without immigration restrictions. This pathway is significant as it serves as a stepping stone to British citizenship.
Continuous Residence: The Heart of the Application
Under Appendix Continuous Residence, applicants must demonstrate a continuous, unbroken residence in the UK for 10 years. This means lawful stay without significant gaps. Time spent in the UK on most immigration categories can contribute to this period, including a mix of visa types. However, specific categories, such as time spent as a visitor, short-term student, or on certain temporary permissions (e.g., immigration bail), do not count towards the qualifying period.
Key Exclusions from Continuous Residence:
- Time spent as a visitor (Standard Visitor visa or without a visa).
- Short-term study visas or Seasonal Worker visas.
- Overstaying beyond the expiry of immigration permission (unless covered by Section 3C of the Immigration Act 1971).
The rules are nuanced. For example, overstaying can be mitigated if the applicant had a pending application that was subsequently approved, ensuring continuity.
Absence Rules: Staying Within the Bounds
While continuous residence implies an unbroken stay, it does allow for short absences from the UK. As of 11 April 2024, applicants may leave the UK for up to 180 days in any rolling 12-month period. Prior to this date, stricter rules applied, limiting total absences to 548 days and individual absences to 184 days in a 12-month period.
The guidance clarified that absences starting before 11 April 2024 but ending after this date are assessed under the earlier rules. For those with exceptional circumstances—such as travel disruptions, life-threatening illnesses, or family emergencies—exceptions may apply. However, the onus is on the applicant to provide evidence to justify these absences.
Starting and Calculating the 10-Year Period
The qualifying period begins from the date of lawful entry into the UK. Appendix Long Residence confirms that the period between the grant of entry clearance and the applicant’s arrival in the UK is counted as lawful residence. This means the clock starts ticking from the date the visa was granted, provided the applicant enters the UK soon after.
Applications can be submitted up to 28 days before completing the 10-year period. Decision-makers consider three potential dates to calculate the qualifying period:
- The date of the application.
- Any date up to 28 days after the application.
- The date of the decision.
What Happens If Absences Exceed the Limits?
Exceeding permitted absences does not necessarily disqualify an applicant. They may wait for earlier absences to “fall away” from the relevant 10-year period, provided they maintain valid leave to remain. Alternatively, compelling personal circumstances may justify the excess, but such cases are rare and require strong evidence.
The Cost of Long Residence ILR Applications
The application fee for ILR is £2,885, following a recent increase in October 2023. Applicants may opt for the super-priority service, costing an additional £1,000, to receive a decision within 24-48 hours. Biometric appointments are mandatory, with free slots often challenging to secure.
Knowledge of Language and Life in the UK
Applicants aged 18-65 must pass the Life in the UK Test and meet English language requirements (B1 level or above). Approved test providers can be found on the UKVI website.
The Benefits of Achieving ILR
Securing ILR is transformative. It removes time limits on residency and work, provides access to public services, and allows free travel in and out of the UK. Children born after obtaining ILR automatically gain British citizenship, while those born before may be eligible for registration. ILR holders can also sponsor family members to join them in the UK.
Additionally, ILR is a prerequisite for naturalisation, enabling applicants to apply for British citizenship after holding ILR for 12 months.
Final Thoughts
The 10-Year Long Residence ILR route is a lifeline for many, offering a path to stability and integration in the UK. However, it demands meticulous planning and strict adherence to immigration rules. From understanding absences to calculating the qualifying period, every detail matters. If you’re considering applying, consult a qualified immigration solicitor to guide you through this complex yet rewarding process.
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Get in touch: For a comprehensive understanding of your options or queries on UK immigration matters, contact GigaLegal Solicitors at 02074067654 or click here to book a no-obligation consultation with an immigration expert.