Indefinite leave to remain; Long Residence
The 10-Year Long Residence ILR route is available to individuals who have lived lawfully and continuously in the UK for at least 10 years. Achieving ILR status allows the holder to live, work, and study in the UK indefinitely without immigration restrictions. However, it’s important to note that dependent partners and children of the main applicant do not automatically qualify and must apply separately.
Q: What are the eligibility requirements for ILR based on Long Residence?
A: To qualify for ILR on the 10-Year Long Residence route, you need to demonstrate that:
- You are currently in the UK and applying on the date of application.
- You have completed a continuous period of 10 years in the UK, with lawful permission to stay throughout this period, except in cases of being a visitor, short-term student (English language), or seasonal worker.
- You meet the English language proficiency requirement at CEFR Level B1 or higher, unless an exemption applies.
- You have passed the Life in the UK test (unless exempt).
- You have not breached immigration laws or been on immigration bail during this period.
Q: What constitutes “continuous residence” for the 10-Year ILR route?
A: Continuous residence refers to maintaining residence without breaking the permitted absence limits. As of 11 April 2024, new rules apply:
- For absences before 11 April 2024, you must not have been outside the UK for more than 184 days at a time or a total of 548 days during the 10-year period.
- For absences after 11 April 2024, you must not be outside the UK for more than 180 days in any rolling 12-month period. Permitted exceptions include absences due to compelling personal reasons, such as health emergencies or family bereavements.
Q: Does my current visa matter when applying for Long Residence ILR?
A: Yes. If your current visa was granted after 11 April 2024, you must have held it for at least 12 months before your ILR application. This requirement aims to align this route with other settlement pathways. However, if your current visa was granted before this date, the 12-month rule does not apply.
Q: What is the cost for a 10-Year Long Residence ILR application?
A: The Home Office application fee for this route is £2,885. If you would like to extend your current visa instead the basis that you have lived in the UK lawfully for a minimum of 10 continuous years, it costs £1258.
Q: What if I fail to meet the continuous or lawful residence requirements?
A: If you cannot meet the continuous or lawful residence requirements, you may still qualify for leave to remain on human rights grounds, particularly if you have a private life established in the UK. Please consult our immigration team to explore your options.
Q: How long will my ILR application take to process?
A: The Home Office processing time for a 10-Year Long Residence ILR application is up to 6 months. You can opt for the Super Priority Service for a faster decision.
Q: Can my dependent family members apply for ILR at the same time?
A: Dependents must apply separately based on their eligibility criteria. Generally, dependents may qualify through other routes like family visas or the EU Settlement Scheme.
How Kaya Legal Can Assist
At Kaya Legal Consultancy Ltd, we provide expert legal advice and support throughout your ILR journey. Our services include:
- Assessing your eligibility and advising on the best course of action.
- Assisting with the preparation of supporting documents to prove continuous and lawful residence.
- Navigating the complex changes in immigration rules to ensure a successful application.
For more information or to discuss your application, contact our immigration team.