Indefinite Leave to Remain on the Basis of 10 Years Long Residence

The 10 Years Long Residence ILR route is one of the most reliable route to permanent settlement in the UK. It allows individuals who have legally lived in the UK for a continuous period of 10 years to apply for Indefinite Leave to Remain (ILR), regardless of their visa category over those years.

Our dedicated team of UK immigration solicitors and lawyers in London specialises in 10 years long residence applications.

Our experienced immigration solicitors in London are here to help with all types of UK visas, asylum, nationality, appeals, or immigration issues. Call us today on 02039300554 to speak with our London immigration solicitors or book an appointment online for a confidential consultation.

Table of Contents

What Is 10 Years Long Residence ILR?

Long Residence ILR is a settlement route under UK immigration rules (Immigration Rules, Appendix Long Residence) that allows individuals who have lived in the UK continuously and lawfully for 10 years to gain permanent residence.

Eligibility Requirements for 10 Year Long Residence ILR

To qualify, you must meet all of the following:

10 Years of Lawful Residence

You must have lived in the UK for 10 consecutive years under valid visas. Examples include:

You must have completed a full 10-year period of lawful residence in the UK. Throughout this 10-year period, at least one of the following must have applied:

Permitted Categories That Count Toward the 10 Years

(a) You held valid permission to stay in the UK, except:

• Visitor visas
• Short-term Student (English language) visas
• Seasonal Worker visas
• Ukraine Scheme visas
• Any predecessor routes of the above

(b) You were exempt from immigration control, e.g., diplomats or certain military personnel.

(c) You were an EEA national or their family member, and exercised treaty rights under the EEA Regulations before 31 December 2020 (protected until 30 June 2021 or until an EU Settlement Scheme application was finally decided).

(d) You were a British citizen for part of the 10 years, unless your citizenship was later deprived.

Time That Does Not Count Toward the 10 Years

The following periods cannot be included in the 10-year qualifying period:

(a) Time spent on immigration bail, temporary admission, or temporary release.

(b) Any overstaying before 24 November 2016, even if a new application was made within 28 days.

(c) Any overstaying on or after 24 November 2016, even if the “Exceptions for overstayers” applied.

(d) Any current overstaying period, even if covered by the Exceptions for Overstayers rules.

Current Permission Requirement

You must also meet one of the following:

✔ You have been on your current visa route for at least 12 months at the date of application; or
✔ You were exempt from immigration control at any time during the 12 months before applying.

Exception:
If your current permission was granted before 11 April 2024, the 12-month requirement does not apply (LR 11.4).

Continuous Residence Requirement

You must meet the continuous residence rules in Appendix Continuous Residence for the entire 10-year period.

This means:

• No single absence over the permitted limits
• No more than the total allowable absences
• No breaks in residence
• No periods of overstaying (as noted above)

The qualifying period for continuous residence will be calculated by counting back from whichever of the following dates is the most beneficial to the applicant, taking periods of absence into account:

• the date of application; or
• any date up to 28 days after the date of application; or
• the date of decision; or
• if the applicant is applying for settlement on the UK Ancestry route, and their last grant of permission was not as a person with UK Ancestry, the date their most recent permission as a person with UK Ancestry expired.

To meet the continuous residence requirement, the applicant must not have been outside the UK for more than 180 days in any 12- month period (unless CR 3.2., CR 3.3., CR 5.1. or CR 5.2. applies, and subject to CR 3.4.).

Subject to CR 3.4, where the application is under Appendix Long Residence, the applicant must not have:

• spent a total of more than 548 days outside the UK during their qualifying period, where that 548-day total was reached before 11 April 2024; and
• been outside the UK for more than 184 days at any one time during their qualifying period, where that absence started before 11 April 2024.

English Language Requirement

You must meet an approved English language level (B1 or higher) through:

• Secure English language test (SELT)
• UK degree taught in English
• Nationality from an English-speaking country

You must meet the English requirement as set out in Appendix English Language, through:

• A Secure English Language Test (SELT)
• A degree taught in English
• Citizenship of a majority English-speaking country
• Accepted exemptions

Life in the UK Test

Passing the Life in the UK Test is mandatory.

Good Character Requirement

You must not have:

• Criminal convictions
• Immigration breaches
• Unpaid NHS debts
• Litigation costs owed to the Home Office

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FAQs – 10 Years Long Residence ILR