10 Year Long Residence ILR

What is ILR Long Residence?

Indefinite Leave to Remain (ILR) is an immigration status that allows you to stay in the UK without any time limit and free from immigration control. The 10-year Long Residence ILR route is available for individuals who have lived here continuously for a decade.

This route allows you to count different types of visas held during your 10+ years here. That provides more flexibility for anyone who has held several visa categories and has been unable to reach the settlement threshold with any single one. However, not all visas count towards the 10 years; for instance, stays on a visitor visa or short-term study visa do not contribute towards the qualifying residence period.

If granted Indefinite Leave to Remain or settlement, you can work, study, live in the UK, and claim qualifying benefits. ILR is the most secure immigration status other than British Citizenship; this 10-year route can also serve as a path to Naturalisation.

Much like the 5 Years' ILR route, you must meet the Long Residence eligibility criteria and submit a convincing application to the Home Office about your history to increase your chances of success.

Legal Basis: Appendix Long Residence and Appendix Continuous Residence

The 10 year route is governed by Appendix Long Residence of the Immigration Rules, which took effect on 11 April 2024 and replaced former paragraph 276B. How your qualifying period and time abroad are counted is set out in Appendix Continuous Residence.

The rules in this area have changed several times. A separate 14-year route, which allowed settlement after 14 years of residence whether lawful or not, was abolished in July 2012 and replaced by a 20-year private life route. Those provisions were later moved into Appendix Private Life in June 2022, and long residence followed into its own Appendix in 2024. Knowing which rules apply to your qualifying period matters, because older sources often mix the two up.

When to Apply for ILR Long Residence

The earliest we may submit your application to the Home Office is within 28 days of completing your 10-year qualifying period and certainly before your current Leave to Remain or Enter Visa expires. A decision can take up to 6 months. There is an option to purchase Super-Priority service, which shortens decision-making to 1 working day; however, slots are minimal.

Visa Pathway

Switching Visas Does Not Reset the ILR Clock

Unlike the 5-year settlement routes, switching between visa categories does not restart your qualifying period under long residence. All lawful residence on qualifying long-term visas counts cumulatively towards your decade, regardless of how many switches you have made.

For example, someone who spent 4 years on a Student visa, 2 years on a Skilled Worker visa and then 4 years on a Spouse visa would reach a full decade of continuous lawful residence, even though they never held any single visa type long enough to settle under that route. The only conditions are that each visa is a qualifying category and that there are no breaks between one grant of leave and the next.

ILR and Settled Status

Under the EU Settlement Scheme, eligible EU citizens receive either Pre-Settled Status or Settled Status. Achieving Settled Status means living in the UK for at least 5 years, granting you Indefinite Leave to Remain (ILR).

EU citizens who arrived before 31 December 2020 but did not apply to the scheme, or EEA nationals who came after this date, may need to submit a late application or apply for a visa before becoming eligible for Settled Status which leads to permanent residence.

ILR and British Citizenship

While holding Indefinite Leave to Remain does not automatically make you a British citizen, it is generally a prerequisite for applying. Many people who obtain ILR eventually seek British Citizenship through Naturalisation.

If you are married to a British citizen, you may be eligible to apply for British citizenship immediately after obtaining ILR. For other applicants, you can apply after residing here for at least 12 months as a settled person with ILR, provided your circumstances have remained the same. To become a full British citizen, you must apply for Naturalisation through the Home Office.

Once you obtain British Citizenship, you can apply for a British passport.

Eligibility & Requirements

To apply for Indefinite Leave to Remain (ILR) under the Long Residence route, you must have lived lawfully in the UK for 10 continuous years. This pathway allows you to settle in the UK without immigration restrictions. The following requirements must be met:

1. Continuous and Lawful Residence:

• You must have lived in the UK legally for a continuous period of 10 years. This means you have held valid permission to stay, such as Leave to Remain or Leave to Enter, throughout.

• Lawful spells on equivalent visa routes in Guernsey, Jersey or the Isle of Man are accepted as qualifying residence.

• The 10-year period must not include stays as a Visitor, Short-term Student (English language), Seasonal Worker, under the Ukraine scheme, under Immigration Bail or Temporary Admission, in prison or young offender institution or secure hospital.

2. Compliance with Visa Conditions:

You must have adhered to your visa conditions throughout, never overstaying or engaging in unauthorised work.

3. Absence from the UK:

You should have been outside the UK for at most 548 days up to 10 April 2024, and a maximum of 180 days in any rolling 12 months thereafter.

4. English Language Proficiency:

You must demonstrate sufficient knowledge of the English language. This can be proven by:

• Being a national of a majority English-speaking country,

• Holding a degree taught in English, or

• Unless exempt, pass an approved English language test at CEFR Level B1 or above.

5. Life in the UK Test:

A mandatory computer-based assessment for most Indefinite Leave to Remain (ILR) applicants aged 18 to 64.

6. Current Leave to Remain:

• If your current leave was granted on or after the April 2024 rule change, you must have been on that visa route for at least one year before applying.

7. No Breach of Immigration Laws:

• You must not breach immigration laws or be on immigration bail when you apply.

8. Public Interest Considerations:

• Granting settlement must not be against the public interest. Considerations include your personal history, character, age, health, and family connections in the UK.

9. Criminal Convictions and Conduct:

• It would be best if you did not have unresolved criminal convictions or behaviours that might lead to application refusal on general grounds. This includes not being subject to removal directions under section 10 of the Immigration & Asylum Act 1999 during your 10-year continuous residence.

English Language Requirements

Applicants aged 18 to 64 must meet the English language requirements to qualify for Indefinite Leave to Remain (ILR) on a 10-year basis. This is part of Knowledge of Language and Life in the UK (KoLL) requirement. You can satisfy this by:

• Holding an academic degree that was taught or researched in English.

• Passing a Secure English Language Test (SELT) at level B1 or above.

Exemptions

You may be exempt from proving English proficiency if you are:

• A national of certain majority English-speaking country.

• A victim of domestic violence as a partner or spouse of a British or settled person.

• A bereaved spouse, civil partner, unmarried partner, or same-sex partner of a British or settled person.

• A foreign and Commonwealth citizen discharged from HM Forces (including Gurkhas).

• A parent, grandparent, or dependent relative of a settled person, applying under paragraph 317 of the Immigration Rules, even if aged between 18 and 65.

• An adult-dependent relative under Appendix FM of the Immigration Rules, even if aged between 18 and 64.

• A visa holder as a retired person of independent means.

• A refugee or hold humanitarian protection status.

• Applying for ILR based on discretionary leave.

• Applying outside the Immigration Rules (e.g., under discretionary arrangements like those for Gurkhas, widows, over-age dependants, and orphans).

Life in the UK Test

The Life in the UK Test is mandatory for most applicants aged 18 to 64 applying for ILR under the 10-year-long residence route. This test assesses your knowledge of British customs, history, laws, and values. Even if you are exempt from the English language requirement, you must still sit the Life in the UK Test requirement unless exempt for the above reasons.

Exemptions

You may be exempt from taking the Life in the UK test if you are:

• 65 years old or over

• Have a long-term physical or mental condition that prevents you from taking the test.

Continuous Residence

You must meet the continuous residence requirement to be eligible for Indefinite Leave to Remain in the UK. This means you must have lived lawfully in the UK for 10 consecutive years without extended trips abroad or any unacceptable gaps in leave.

Calculating the 10-Year Qualifying Period

To check whether you already qualify, work through these steps:

1. Identify your start date: your qualifying period begins on the day you entered the UK with a visa, or when you were granted leave if you were already here.

2. Add up your qualifying visas: count every grant of long-term leave, in any combination of categories, until you reach full 10 calendar years or 3,650 days.

3. Confirm there are no gaps: each in-country new visa or extension must have been applied for before the previous one expired, so that your lawful residence runs unbroken.

4. Check your absences: list every trip abroad with exact dates and test them against the limits explained below.

Importantly, your qualifying decade does not have to be the most recent one. Any continuous 10-year stretch of lawful residence you completed in the past may qualify, even if your circumstances changed afterwards.

Absence Rules and the 11 April 2024 Transition: Worked Examples

Specifically, from 11 April 2024, individuals can be away from the UK for up to 180 days in any rolling 12 months.

If the 10 years' UK residence period you are claiming ends after 11 April 2024, then your absences are subject to a twofold test:

• 184 days per trip and 548 days in total, up to 10 April 2024;

• a maximum of 180 days in any rolling 12 months from 11 April 2024.

If the 10 years' UK residence period you are claiming ended before 11 April 2024, then your absences are limited to:

• 184 days per trip, and

• 548 days overall.

Excess absences may impact your ILR Long Residence application through the 10-year route as a non-British citizen or non-UK national.

Where your qualifying period spans the transition, each rule set applies only to trips on its own side of that date. The 548-day cap is no longer tested against the whole decade: it applies only to the earlier portion, while later trips are tested against a 180-day rolling rule. Some worked examples:

• Example 1 (old rules): Amira's 10-year period ended in March 2024. She took one trip of 200 days in 2019. Because this exceeds the 184-day single-trip limit, her continuous residence was broken, even though her total days away were under 548.

• Example 2 (transition): Daniel's qualifying period runs from 2015 to 2025. His 500 days abroad before the changeover are within the 548-day cap, and no trip exceeded 184 days. Since then, he has never been absent more than 180 days in any rolling 12 months. He meets the requirements.

• Example 3 (12-month current visa rule): Priya completed 10 years of lawful residence in June 2024, but her initial Skilled Worker visa was granted in May 2024. Because that grant came after the rule change, she must hold it for 12 months (until May 2025) before applying, even though her 10 years are already complete.

If you do not satisfy these requirements, we may still argue for a grant at discretion if there are valid human rights grounds to consider. For example, current Appendix Continuous Residence rules permit the following trips to be excluded from the overall limit:

• You were assisting with a national or international humanitarian or environmental crisis overseas, providing if, on a sponsored route, your sponsor agreed to the absence for that purpose.

• Travel disruption due to natural disasters, military conflict or pandemics.

• Compelling and compassionate personal circumstances, such as your own or a close relative's life-threatening illness or death.

Lawful Residence, Overstaying and the Part Suitability Grace Period

Residence is "lawful" when you held valid Leave to Enter or Leave to Remain throughout, which in practice means every extension or new visa was applied for before the previous grant expired in the UK. A gap between visas, even of a single day in the UK, is overstaying and will normally break your qualifying period.

Short lapses can sometimes be disregarded under Part Suitability (previously paragraph 39E) of the Immigration Rules. Broadly, a gap may be excused where you made a new application within 14 days of your visa expiring and there was a good reason beyond your control for delay, or where you reapplied within 14 days of a refusal, expiry of any appeal or review deadline, or withdrawal of an earlier in-time submission. Where the exception under Part Suitability applies, the lapse is overlooked, but days spent without leave still do not count towards your total.

Historic gaps are treated differently depending on when they occurred. Before 24 November 2016, a more generous concession allowed up to 28 days to be disregarded. After that date, only the 14-day Part Suitability framework applies. If your immigration history includes any spell without leave, it is worth having it professionally assessed before applying, as caseworker guidance on this point is applied strictly.

Time Spent in the Crown Dependencies

Residence in Guernsey, Jersey or the Isle of Man can count towards your total, but only if two conditions are met: your most recent leave must have been granted in the UK, and your stay in the Crown Dependencies must have been on a route equivalent to a qualifying UK visa. Spells there on non-qualifying routes, such as visitor leave, do not count.

Events That Break (and Do Not Break) Continuous Residence

Beyond exceeding the absence limits, continuous residence is broken if you:

• are removed or deported from the UK;

• overstay your visa (unless the gap is disregarded under Part Suitability, as above);

• have a gap between one grant of leave and the next in the UK;

• leave the UK after a refusal after your leave has ended; or

• depart without a reasonable expectation of being able to return lawfully.

Days on immigration bail, temporary admission or temporary release do not count towards the qualifying period, even though they may not formally break it.

Ordinary travel does not break continuous residence provided you held valid leave when you left and when you returned, and your trip was within allowed limits. Your leave does not need to be in the same category on each occasion: you can depart on one visa and return on another without resetting the clock.

Dependants and Family Members in Long Residence Applications

Partners and children cannot be included as dependants on this type of application. Each relative must qualify in their own right, with their own decade of continuous lawful residence, and apply separately.

If your relatives are not yet eligible, there are still options. Once you are granted ILR, your partner or child may be able to apply for leave to remain as the family member of a settled person under Appendix FM, which puts them on their own 5-year path to settlement. Children aged 18 or over are in a more difficult position: they need to qualify for leave in their own right, for example under the skilled worker route or private life rules.

If you also qualify for settlement under another route that does allow dependants, such as the Skilled Worker 5-year route, it may be better for your family as a whole to settle together under that route instead. We can assess which combination works best for your household.

Documentation

To successfully apply for Indefinite Leave to Remain (ILR) through the 10 Years Long Residence route, you must submit documentation including:

1. Identity and Immigration Status:

• Current Valid eVisa: This includes your current digital status, if applicable.

• Current Passport (or Another Valid Travel ID): Your most recent passport or travel document.

• Previous Passports: All past passports you have held during your stay in the UK, where available.

2. Evidence of Continuous Residence:

• Proof of Residency: Documents such as property rental agreements, mortgage statements, utility bills, bank statements, and employment contracts.

• Educational Records: Documents proving attendance and education in the UK.

• Travel History: Travel tickets and boarding passes into the UK to demonstrate entry and stay.

3. Absences from the UK:

• List of Absences: A detailed record of all trips outside the UK or Crown Dependencies during your qualifying decade, including dates and reasons.

4. Language and Knowledge Requirements:

• Proof of English Language Requirement: Evidence such as a recognised English language test result or a degree taught in English.

• Proof of Passing the Life in the UK Test: A certificate or official confirmation of passing the test.

5. Additional Considerations:

• Handling Lost Documents: If you have lost any passports or travel documents from the last 10 years, provide alternative evidence, such as police reports or official correspondence, to prove your stay.

6. Certified Translations:

• Non-English/Welsh Documents: Certified translations must be provided for any documents not in English or Welsh.

QC Immigration will provide a customized document list tailored to your circumstances, ensuring that your 10-year ILR application includes all necessary documentation.

Requesting Immigration Records

If you need to access your immigration and travel history to calculate your UK residence, you can submit a Subject Access Request (SAR) to the Home Office. A SAR summarises your immigration and travel history, including any electronically held landing cards and basic details of visa applications submitted. This is especially helpful if you've lost your passports or need help tracking trips outside the UK.

To request your records, you can submit a SAR online, via email, or post to the Subject Access Request Unit (SARU). You will need to provide supporting evidence, such as photo identification. The Home Office typically responds within one month, providing the information required for your ILR application.

Processing Time

Applying for Indefinite Leave to Remain after 10 years generally takes up to 6 months. Specifically, this covers review of your application and its approval or rejection by the UK Visas and Immigration (UKVI). This timeframe generally applies if you use the standard procedure.

Priority Service

For faster processing of your ILR application, the Home Office does offer a Super-Priority Service. For an extra £1,000, this service aims to deliver a decision by end of the next working day after your biometrics are received, provided it falls on a weekday. However, availability of this premium service is very limited.

Application Fees

The Home Office charges a one-off fee of £3,226 to process a 10-year settlement application. You must also consider additional costs, such as priority fee, English test, legal advice and certified translations.

If you meet all requirements except the KOLL criteria because you are unable to meet the English Language requirement or Life in the UK test hence cannot obtain Indefinite Leave to Remain under the 10-year Long Residence route, you may extend your extend your Leave to Remain under Long Residence for £1321 instead.

How to Apply for ILR 10 Years Long Residence

The ILR application process involves several key steps. In some cases, applicants may be invited to submit further information or documents if UKVI requires more clarification. Ensuring all information is accurate and complete can help avoid delays or refusals.

Refused Application

If your ILR Long Residence application has been refused, it's essential to understand the reasons for the decision, as outlined in the Home Office refusal notice. Depending on the grounds for refusal, you have several options to consider:

• Resubmitting a Stronger Application: If the refusal was due to errors, such as incorrect documentation or missing information, you may prepare a fresh application with corrections.

• Right of Appeal: If your refusal is received after your visa expiry and engages human rights grounds, you can appeal the decision. Seeking advice from an immigration advisor can help you determine if this is a viable option.

The Home Office notice of decision letter will detail your specific options and next steps you can take.

Common Issues and How to Overcome Them

Common issues in ILR applications include:

1. Excessive Absences:
The Home Office may exercise discretion for compassionate or compelling reasons in cases of excessive absences or gaps in lawful residence. However, applicants must provide substantial evidence and compelling reasons to justify these gaps or absences, particularly if they exceed the permissible limits. Short breaks may sometimes be overlooked if adequately explained according to the Immigration Rules.

2. Missing Trips or Incorrect Dates:
Providing inaccurate travel history, such as missing trips or incorrect dates, can lead to application issues. Ensuring that all travel dates are accurately recorded and documented is crucial. A Subject Access Request can help retrieve accurate travel records if necessary.

3. Complex Immigration History:
Applicants with complex immigration histories, including unacceptable gaps in residence, periods of overstaying (even by one day), or time spent on visas that do not count towards the 10-year long residence requirement, must provide strong reasons for the Home Office to consider using discretion. Failure to provide compelling reasons or proper documentation may lead to refusal.

4. Issues Related to Public Interest or Character Considerations:
Criminal convictions, pending charges, traffic offences, penalties, cautions, breaches of immigration law, or behaviour indicating a lack of good character can negatively impact an ILR application. It is crucial to openly address any such issues and provide supporting documents demonstrating rehabilitation or mitigating circumstances.

Post-ILR Considerations

After obtaining indefinite leave to remain (ILR), several factors must be considered if you plan to apply for British Citizenship in the future.

• ILR holders must typically wait at least 12 months before applying to Naturalise as British citizens, unless you are married to or in a civil partnership with a British national, in which case you can apply immediately after achieving ILR.

• Applicants must ensure you have spent at most 90 days outside the UK in the 12 months preceding you Naturalisation application. For most applicants, you should have no more than 450 days of total absence in the recent 5 years or 270 days in total during the recent 3 years of UK residence.

If you choose not to apply for British citizenship, keeping your Indefinite Leave to Remain (ILR) status is important by not being outside the UK for more than two years continuously. Going beyond this 2-year absence may result in revocation of your ILR. In that case, you must apply for a Returning Resident visa before attempting to come back. This requires evidence of your strong connections here and an intention to return.

Get Support with ILR 10-Year Long Residence

Achieving settlement through the Long Residence ILR route opens the door to a permanent future in the UK and can be a stepping stone to British citizenship. The ILR application process can be complex, especially with issues such as continuous lawful residence, absences, and varying visa types. Seeking legal assistance can significantly enhance your chances of a successful application.

How We Support You

Our team will guide you through each process stage, ensuring a thorough and well-prepared submission. Our services include:

1. Receiving Your Inquiry and Consultation: We begin by understanding your situation and providing an initial consultation.

2. Gathering Documents: We guide you in collecting all necessary documents to support your 10-year residence ILR application.

3. Analyzing Documentation and Eligibility: We meticulously review your documents and assess your eligibility against all applicable rules.

4. Legal Justification of the Application: We prepare arguments and justifications to strengthen your case.

5. Submitting the Application and Providing Client Support: We handle the submission process and offer continuous support.

6. Ensuring Compliance: We ensure that your application complies with all relevant regulations and standards, and advising on any concerns so that you have an opportunity to make improvements.

7. Assistance with Interview Preparation and Home Office Communication: We prepare you for any potential interviews and manage communications with the Home Office.

8. Drafting Statements and Legal Arguments: We provide legal representation and draft statements to support your case where necessary.

*The UK Government's new Earned Settlement proposal intends to abolish this route soon. A replacement may exclude stays on non-settlement routes such as Student Visa, Graduate Visa, High Potential Visa, Youth Mobility Visa etc. Full details about this change is expected in the near future.

QC Immigration specializes in Long Residence ILR applications and other UK visas. Our multilingual team has a proven track record of success, even in complex cases. Contact us today for expert advice and to discuss your unique situation. Taking the right steps now can make all the difference in securing your future in the UK.

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