The Long Residence rule allows individuals to apply for Indefinite Leave to Remain (ILR) after 10 years of continuous and lawful residence in the UK. Here’s a clear and concise summary of the UKVI’s guidance for caseworkers.
The rule recognises individuals who have lawfully spent 10 years in the UK on a combination of any category of residence visa (Student/Graduate/Skilled Worker Visas, etc. – not including Visitor Visas), allowing them to apply for Indefinite Leave to Remain (ILR). It ensures those deeply rooted in the UK can remain here without immigration restrictions, and they will gain the ability to apply for naturalisation to secure British Citizenship.
To qualify for ILR under the 10-year Long Residence rule, you must meet the following requirements:
The continuous lawful residence rules under the Long Residence route are outlined in the Long Residence guidance. To save you time, here is an explanation of the key points regarding continuous residence and breaks in continuous residence:
The main reason for refusal under the 10 Year Long Residence rules is where a break has occurred in continuous residence. The criteria can at times be quite complicated with some breaks/absences permitted, while others are not.
Circumstances that break Continuous Residence:
Circumstances That Do Not Break Continuous Residence:
It is important to note that for absences starting before 11th April 2024, the older rules apply. For these absences, Continuous Residence is only broken by absences exceeding 184 days in one go or 548 days in total.
There are a number of instances where caseworker discretion can be exercised for exceptional cases. These include:
Addressing any issues head-on is a far better approach than hoping they go unnoticed, as the checks conducted by UK Visas and Immigration (UKVI) are comprehensive.
Timing the Application
Applications can be submitted 28 days before completing the 10-year period. Early submissions may lead to refusal. The 10-year qualifying period begins on the day you arrive on a residence visa (not a Visitor Visa) in the UK. Note UKVI will work backwards from the date of application when considering your application, and you CANNOT claim for any 10-year period you choose.
Required Documents
Passports, biometric residence permits, and evidence of lawful residence (e.g., your passports if none European and tenancy agreements, utility bills, Tax documents, or academic records for Europeans).
Fees and Biometric Enrollment
The application fee is £2,885 for the 6-month Standard Service, and if available, you can pay an additional £1,000 for the 1-working day decision after biometrics Super Priority Service.
Submission and Processing Times
Applications are processed within standard, priority, or super-priority timeframes.
Applications can be refused for:
Applicants can challenge refusals through administrative review, appeals, or judicial review, depending on the case.
The Long Residence route does not allow dependants to apply alongside the main applicant. Each family member must apply independently under their applicable route.
It is important to note that should the main applicant secure a 10-year-long residence ILR and their current dependant partner does not qualify, they would be required to switch to a UK Spouse/Civil Partner/Unmarried Partner Visa when the ILR is granted. This does not apply if the main applicant is applying for ILR under the 5-year ILR route.
Caseworkers may exercise discretion in cases where breaks in continuous residence or overstays occurred due to exceptional circumstances (e.g., illness or Home Office delays).
The Long Residence rule provides a pathway to settlement for those who have lawfully lived in the UK for 10 years. To avoid complications, ensure your application is thorough and accurate. For tailored assistance, submit a callback request above, and a Director of First Migration will contact you to advise how we can guide you through the ILR process.
