ArticleILR for 10-Year Long Residence: All the Latest Rules

For many migrants, securing indefinite leave to remain (ILR) in the UK marks the culmination of years of perseverance and careful planning. One of the most well-trodden routes to ILR is the 10-Year Long Residence pathway, a route that offers settlement for those who have resided continuously and lawfully in the UK for a decade. However, navigating the eligibility criteria, rules on continuous residence, and recent changes in immigration guidance can be complex. This article provides an in-depth analysis to guide applicants through the process, highlighting key considerations and potential challenges.

What Is the 10-Year Long Residence ILR?

The 10-Year Long Residence ILR is a route that allows individuals to apply for settlement after ten years of continuous, lawful residence in the UK. This pathway is particularly relevant for those who have spent extended periods in the UK under different visa categories but wish to consolidate their status and enjoy the benefits of settlement.

Applicants must demonstrate that their residence has been both continuous and lawful for the entire ten-year qualifying period. This means avoiding overstays, adhering to visa conditions, and carefully tracking absences from the UK.

Understanding Continuous Residence

At the heart of the Long Residence ILR rules lies the concept of continuous residence, as defined in the Immigration Rules under Appendix Continuous Residence. Applicants must demonstrate that they have not been absent from the UK for periods that break this continuity.

Key Criteria for Continuous Residence

• The qualifying period must consist of time spent lawfully in the UK.
• Absences must not exceed 180 days in any rolling 12-month period (from 11 April 2024).
• For absences before 11 April 2024, applicants must meet stricter rules: no more than 548 days in total or 184 days in any 12-month period.

Applicants may rely on time spent in various visa categories, but certain types of leave, such as visitor visas, short-term study visas, and seasonal worker visas, cannot count towards the qualifying period. Additionally, time spent in the UK on immigration bail or as an overstayer is excluded unless protected by Section 3C of the Immigration Act 1971.

What Constitutes a Break in Continuous Residence?

A break in continuous residence can occur in several scenarios, including:

• Overstaying: Time spent in the UK after the expiry of a visa, unless covered by a pending application under Section 3C.
• Visitor Status: Any period spent in the UK as a visitor resets the continuous residence clock.
• Excess Absences: Absences exceeding the allowable limits will break continuous residence unless they qualify as permitted absences.

Permitted Absences

The Home Office may consider exceptions for absences caused by:

• Natural disasters, military conflicts, or pandemics.
• Compelling and compassionate circumstances, such as the illness or death of a close relative.

Applicants must provide robust evidence to support claims of permitted absences, as these exceptions are subject to a high threshold.

Recent Changes to Absence Rules

The guidance surrounding absence limits underwent significant updates in 2024. Notably, the removal of the 548-day cumulative absence limit for absences beginning after 11 April 2024 may benefit applicants who need greater flexibility. However, absences starting before this date are still subject to the older, stricter limits, even if the applicant returned after 11 April 2024. This nuanced distinction highlights the importance of understanding how new rules interact with historic absences.

When Does the 10-Year Period Begin?

Contrary to popular belief, the qualifying period is not strictly tied to the date of an applicant’s first entry into the UK. Instead, it begins from the date of the applicant’s initial grant of entry clearance. Time spent outside the UK between the grant of entry clearance and physical arrival counts as a lawful absence and is included in the qualifying period.

Application Timing and Requirements

Applications can be submitted up to 28 days before the end of the 10-year period. Any application filed earlier will be refused for failing to meet the qualifying period. Applicants should carefully calculate their absences and assess whether to use the date of application, 28 days after the application, or the decision date as the end point of their 10-year period.

Additionally, applicants must satisfy:

• English Language Proficiency: Level B1 or higher, as demonstrated through an approved test.
• Life in the UK Test: A compulsory test to demonstrate knowledge of British history, culture, and values.

Costs and Processing Times

The application fee for Long Residence ILR is currently £2,885, following a 20% increase in October 2023. Applicants can choose the super priority service (£1,000 additional fee) for a faster decision, typically within 24 to 48 hours of biometrics submission. However, cases involving complex circumstances may take longer, even under the priority service.

Benefits of Securing Indefinite Leave to Remain

Achieving ILR offers unparalleled stability and freedom in the UK. Key benefits include:

• No Work Restrictions: Full employment rights without limitations on job type, hours, or salary.
• Access to Public Services: Use of the NHS, state schools, and other public services on par with British citizens.
• Pathway to Citizenship: ILR holders can apply for British citizenship after 12 months, provided they meet the eligibility criteria.

Reflecting on the Challenges

While the 10-Year Long Residence ILR route provides a clear pathway to settlement, recent changes highlight the need for vigilance and meticulous record-keeping. The evolving absence rules and stringent evidential requirements make it essential for applicants to seek advice where needed. A minor oversight, such as a miscalculated absence or missing document, can jeopardize years of effort.

For many, however, the rewards outweigh the challenges. ILR represents more than just a legal status—it is a milestone that affirms a decade-long commitment to life in the UK.

Final Thoughts
If you believe you qualify for the 10-Year Long Residence ILR, ensure that your application is thoroughly prepared and supported by clear evidence. With careful planning and adherence to the rules, this route can pave the way for a secure and fulfilling future in the UK.

For bespoke advice or assistance with your ILR application, reach out to an experienced immigration solicitor to ensure your case is handled with precision and expertise.