Applicants who have been in the UK for a minimum of 10 years in a single or a combination of different immigration routes are eligible for this route.
LONG-TERM RESIDENCY RULES
If the applicant wishes to apply for Indefinite Leave to Remain through the Long Residence route, he or she must meet the criteria listed below.
- Spent a total of ten lawful and uninterrupted years in the United Kingdom.
- There is no discontinuity in my residence.
- Or be exempted if you are fluent in English.
- Passed or was exempted from the Life in the UK test
- In order to avoid breaking any immigration laws, you must adhere to the terms of all UK visas
For the sake of public interest, the Home Office will also take into account your age, personal history, and relationships in the UK when determining whether or not you are eligible for ILR. Exceptional or compelling reasons may warrant Home Office approval of long-term residence applications if the applicant has been absent for more than 540 days in total or for more than six months in a single period. If the criteria have been met, the applicant’s claim to continuous legal residence will be accepted.
- More than 18 months (540 days) in the ten years I was away from the UK
- For the duration, I was in possession of a current, valid visa issued under any category of immigration.
- No more than one six-month absence from the United Kingdom over a ten-year period.
- Not returned to the UK after leaving the country for a period of ten years with the intention of staying away.
- Neither left nor entered the United Kingdom with a valid visa, or both.
- During the previous ten years, no one was expelled from the United Kingdom.
- A Judicial Review or First-Tier Tribunal appeal is possible if appeal rights are granted, or if not, an appeal to the First-Tier Tribunal is possible.
WHAT CAN WE DO FOR YOU?
We have have extensive experience assisting clients with long-term residency applications and have handled a wide range of complex cases involving absences and discretionary reasons. At our award-winning law firm, we take great pride in being approachable and innovative, as well as always going the extra mile to ensure our clients get the personal attention they deserve. It is our goal to provide our clients with clear, transparent, and reliable advice.
MOST COMMONLY ASKED ISSUES
Q: WILL MY 10 YEARS OF LAWFUL RESIDENCE IN THE PAST HELP?
A: After 10 years of continuous lawful residence, there is no limit on how long an applicant can apply for a visa. As a result, they could leave the country, re-enter on any legal basis, and apply for settlement from within the UK using the 10 years of continuous lawful residence they’ve accrued during their previous stay. In addition, there is nothing stopping someone from using a 10-year period they may have used in a previous grant or application.
Q: AFTER OBTAINING SETTLEMENT, WHEN CAN I BEGIN THE PROCESS OF APPLYING FOR BRITISH NATIONALITY?
A: Naturalization as a British citizen can usually be applied for 12 months after receiving the settlement, unless you are married to a British citizen, in which case you can apply right away.
Q: FOR KNOWLEDGE OF LANGUAGE AND LIFE, CAN YOU GET AN EXEMPTION?
A: There are a few exceptions to this rule: those under the age of 18 and those over 65, as well as those who are ill or disabled in some way and can’t adequately prepare for the test.
Q: HOW MANY DAYS OF ABSENCE ARE TYPICAL IN ORDER TO BREAK A LONG-TERM STAY?
A: Applicants in long-term residency cases should not be absent for more than 18 months over the course of 10 years, with no single absence exceeding 6 months. As long as they return to the UK within 180 days of leaving the country on a valid visa, they don’t break the continuity of their visa status.
Q: IS IT POSSIBLE TO APPLY FOR ADDITIONAL LEAVE IF I DON’T MEET ALL OF THE ILR REQUIREMENTS?
A: If the applicant does not meet all of the requirements, such as the Life in the UK test or the English Language requirement, they can instead apply to extend their stay in the UK on the basis of long residence.