ILR on the basis of 10-year long residence

Q: When to apply

Applications can be made up to 28 days prior to completion of the qualifying 10-year period. Applications made earlier would normally be refused.

Q: How much does it cost to apply?

If you’re applying for indefinite leave to remain (ILR) the application fee is £2885. If you are applying to extend your leave to remain the fee is £1,048. You can apply for super priority service or the next day decision making, although this service is not always available. The fee is £1000.

Get In Touch

You may qualify for indefinite leave to remain in the UK on the basis of long residence if you have lived lawfully in the UK for a continuous period 10 years.

The rules on the Long Residence route changed in April 2024 with the introduction of a new Appendix Long Residence in the Immigration Rules.

This Appendix has to be read in conjunction with Appendix Continuous Residence.

ILR on the basis of long residence- application requirements

You should be in the UK when making the application;
You should not have changed your immigration status in the last 12 months preceding the application for indefinite leave to remain and you cannot be in the UK as a visitor;
Continuous legal residence during a 10-year period: no interruptions in the legality of stay with the exception of any periods of overstaying of up to 28 days before 24 November 2016, or disregarding periods of overstaying after 24 November 2016 if leave was nevertheless granted after this date and paragraph 39E of the Immigration Rules applied;
Absences from the UK should not exceed 18 months in total (540 days) during the 10-year period or six months in any one time; continuous residence is not interrupted if the applicant left the UK while holding a valid leave to remain and returned to the UK within six months with a valid leave to enter;
or where applicant left the UK after the expiry of their visa but reapplied for entry clearance within 28 days of expiry and before 24 November 2016, and re-entered the UK within six months of leaving the country;
The application should not fall for refusal on criminality grounds;
Knowledge of English to B1 level (speaking and listening) and successful completion of the Life in the UK test.

Criminal convictions as a ground for refusal of ILR applications

An application for indefinite leave to remain must be refused in the following circumstances:

1. Where the applicant has been convicted of a criminal offence in the UK or overseas and received a custodial sentence of 12 months or more;

2. Where the applicant is a persistent offender and shows a persistent disregard for the law;

3. Where the applicant has committed a criminal offence which caused serious harm.

If your application falls for refusal on the above grounds, you may still be eligible to apply for further leave to remain. We strongly recommend that you discuss your case with a lawyer.

Discretionary grounds for refusal of ILR applications

An application for indefinite leave to remain may be refused in the following circumstances:

1. Where there are public interest consideration which make grant of ILR undesirable;

2. Where the applicant has committed a criminal offence and received a custodial sentence of less than 12 months;

3. Where the applicant has committed a criminal offence and received a non-custodial sentence or an out of court disposal which is recorded on the applicant’s criminal record.

Where discretionary grounds for refusal may be raised, it is very important to discuss the mitigating factors with your lawyer. Legal representations are very important in applications which may or may not fall for refusal depending on how the decision-maker views the case.

Dependants of applicants for indefinite leave to remain under the long residence rule

It is important to bear in mind that there are no provisions for dependants to be included in the application for settlement under the long residence rule. We strongly recommend seeking immigration legal advice before applying as there is no general rule covering dependants of the applicants under the long residence rule and each scenario requires individual consideration.

Right of appeal against refusal of applications for indefinite leave to remain on the basis of long residence

Applications for indefinite leave to remain on the basis of long residence engage Human Rights (private life established in the UK), and a refusal of such application normally bears the right of appeal to an immigration tribunal.

If you qualify for indefinite leave to remain on more than one ground, for example, if you have completed five years in a work-related route and have reached 10 years lawful residence at the same time, you may benefit from legal advice and discussion of some subtle differences in the requirements and any potential risks associated with this or that option.

When to apply

Applications can be made up to 28 days prior to completion of the qualifying 10-year period. Applications made earlier would normally be refused.

How much does it cost to apply?

If you’re applying for indefinite leave to remain (ILR) the application fee is £2885.

If you are applying to extend your leave to remain the fee is £1,048.

You can apply for super priority service or the next day decision making, although this service is not always available. The fee is £1000.

When will I get a decision on my application?

If you use the standard service, you will receive a decision within 6 months.

However, you can apply for the super priority service (an additional fee of £800) to get a decision on your application by the end of the next working day (after you attend the biometrics appointment). Working days are Monday to Friday, not including bank holidays.

Is it possible to apply for further leave to remain instead of ILR?

Where an application for indefinite leave to remain cannot succeed, for example, if the applicant’s immigration status changed in the last 12 months, or because the applicant does not meet the English language or Knowledge of Life in the UK requirement, the applicant may consider applying for extension of leave to remain on the basis of 10-year long residence.

Can a visitor apply for ILR?

It may be possible for visitors who were granted visa or permission to enter before 11 April 2024, if they are relying on a completed period of 10 years which does not include any time spent in the UK as a visitor.

Those whose leave to enter or remain was granted after 11 April 2024, have to spend 12 months in the UK in the same immigration category before they can apply for settlement under the long residence rule.

Can I rely on a past 10-year period after continuous residence was broken?

Yes, the rules allow to make the application relying on a past period of continuous residence, even if continuity of residence was broken after 10 years.

Can I apply from outside the UK?

No, the application has to be made from the UK.