10-Year Long Residence

If you have lived continuously and lawfully in the UK for at least 10 years, you may be eligible to apply for Indefinite Leave to Remain (ILR) on the basis of Long Residence.

This guide outlines the key requirements, including qualifying residence, immigration categories, absences from the UK, English language and Life in the UK test requirements, application fees, and more.

Indefinite Leave to Remain (ILR) on the basis of Long Residence is a settlement route available to individuals who have lived in the United Kingdom lawfully and continuously for a period of 10 years. It recognises people who have built a life in the UK over an extended period and provides them with the opportunity to make that residence permanent.

Once ILR is granted under the Long Residence route, you will be free from immigration restrictions or visa renewal requirements. You will have the right to live, work, study and access public services in the UK without restriction. Importantly, ILR status is a vital step toward британско гражданство, which can generally be applied for after holding ILR for at least 12 months (unless married to a British citizen, in which case you may apply immediately after obtaining ILR).

The 10-year qualifying period can include time spent in various immigration categories, such as time spent as a student, graduate, worker, or a family member, excluding certain short-term visas.

Note: The Long Residence route is an individual application. Dependants (partners, spouses, children) are not automatically included in the main applicant’s grant of ILR. Each family member must qualify in their own right, either by meeting the 10-year requirement themselves or through another immigration route. This can lead to families holding different immigration statuses temporarily, and legal advice is often needed to plan the most effective route to settlement for all household members.

To qualify for Indefinite Leave to Remain (ILR) on the basis of long residence, you must demonstrate that you have lived in the UK continuously for a qualifying period of ten years. The concept of “continuous residence” is strictly defined by the Home Office and requires applicants to show that they have not spent excessive time outside the UK and have not broken their residence through any disqualifying circumstances.

Your 10-year qualifying period must consist of time where you:

• Had valid leave to enter or remain in the UK (excluding permission under Appendix Ukraine Scheme, or permission as a Visitor, Short-term Student (English language) or Seasonal Worker (or under any of their predecessor routes));
• Were exempt from immigration control (e.g. as a diplomat or armed forces personnel);
• Were exercising free movement rights as an EEA national (or their family member) prior to 31 December 2020 (with specific transitional protections until 30 June 2021 or the final determination of an application under Appendix EU made by them by that date).

If you overstayed your visa or were placed on immigration bail, that period cannot be counted towards your 10 years

10-Year Long Residence Absences Explained

What are the General Absence Rules?

One of the most important aspects of the continuous residence assessment is time spent outside the UK. Extended absences, without permitted reasons, will break continuous residence and make you ineligible for ILR under the Long Residence route. For this reason, it is essential to compile a detailed travel schedule covering all dates you were outside the UK during the ten-year period, including explanations and supporting evidence for any lengthy or frequent absences.

For periods before 11 April 2024:

For any part of your ten-year qualifying period that occurred before 11 April 2024, you must not have been outside the UK for more than 184 days at any one time, unless you had a permitted reason. In addition, the total number of days you spent outside the UK during that part of the period must not exceed 548 days. Exceeding either limit without justification will break the continuous residence requirement.

• You cannot have a single absence of more than 184 days (6 months); and
• No more than 548 days (18 months) of absences in total within the 10-year qualifying period.

For periods on or after 11 April 2024:

For any part of your qualifying period that falls on or after 11 April 2024, a new rule applies. During this period, you must not have been absent from the UK for more than 180 days in any rolling 12 months period. The previous rule limiting total absences to 548 days no longer applies to the post-April 2024 part of your qualifying period. This change is particularly relevant for individuals who travel frequently for study, work, or family reasons, as it allows for more flexibility in cumulative absences, provided each rolling twelve-month period remains within the 180-day limit.

If an absence began before and ended after 11 April 2024:

If you had a single absence that started before and finished after 11 April 2024, that is an absence that spans the rule change, the total length of that absence must not exceed 184 days. Additionally, the portion of the absence occurring before 11 April 2024 will still count towards the 548-day total absence cap. The post-April portion, however, is subject only to the new rolling 180-day rule and not the cumulative 548-day rule.

Tip: Prepare a full travel history showing all absences, dates, and reasons. Particularly if you had long absences during COVID-19 pandemic, academic holidays or family emergencies.

It is also important to note that time spent in the Channel Islands or the Isle of Man does not count as time spent in the UK for the purpose of assessing continuous residence. Applicants must ensure that all time included in their ten-year period was physically spent within the United Kingdom.

However, applicants should be aware that certain events will break the continuity of their residence regardless of absences. These include being convicted of a criminal offence resulting in a custodial sentence (excluding suspended sentences), being the subject of a deportation order or enforced removal, or being without valid immigration permission at any point during the ten-year period. Even a brief period of overstaying, unless covered by the Home Office’s 14-day overstaying exception, can reset the clock.

What are the Permitted Absences?

While excessive absences will generally lead to a refusal, the Home Office may disregard time spent outside the UK where there is a compelling and exceptional reason. Permitted reasons include travel delays due to natural disasters, military conflict, or pandemics such as Covid-19. Compassionate personal circumstances, such as the life-threatening illness of the applicant or a close family member, or a serious medical condition affecting the applicant, may also be accepted as valid justification. In these situations, it is crucial to present detailed supporting documentation such as medical records, death certificates, flight cancellations, or formal notices confirming the reason for the absence.

The Home Office will look at factors such as:

• whether the reason is credible and evidenced
• whether it was in the applicant’s control
• was the absence planned, for example, not in response to urgent or unexpected events
• was the applicant prevented from returning to the UK, or did they experience a significant delay outside their control preventing them from returning the UK

Important Update: 12-Month Permission Rule (From 11 April 2024)

If your current permission to remain was granted on or after 11 April 2024, you must have held that permission for at least 12 months before applying for ILR. This rule may delay your application, even if you have already reached 10 years of lawful residence. For example, if you switched immigration routes recently (e.g., from Graduate to Skilled Worker), you may need to wait until 12 months have passed before applying under Long Residence.

If you did not have valid immigration permission during the period between 1 and 31 August 2020, the Home Office will not treat this as a break in your continuous residence, but only if you had valid permission immediately before that period. This exception was introduced in response to the Covid-19 pandemic, during which many people faced difficulties renewing visas or leaving the UK.

Applications for 10 Year Long Residence ILR Based on Historic Period of Residence

The Long Residence Immigration Rules calculates the 10-year continuous residence period by counting back from:

• 28 days prior to the completion of the 10-year qualifying period;
• the date of application
• the date of decision, whichever is most beneficial to the applicant.

Therefore, you can no longer rely on your historic period of residence in the UK. However, if you have lived in the UK for a long period, you may qualify for other private life routes. Speak with one of our immigration lawyers for an assessment on your eligibility.

10-Year Long Residence ILR Application Fee

The Home Office application fee for a 10 Year Long Residence ILR application is currently £3,029. Additional fees will apply if you use the SuperPriority Service, you will normally get a decision by the next working day. There is no Immigration Health Surcharge on a settlement application. There is no 5 working-day priority service available on the Long Residence ILR application.

10-Year Long Residence ILR Processing Time

The Home Office’s current processing time for a 10-year Long Residence ILR application is 6 months.