ILR 10 Years' Long Residence

What is ILR Long Residence?

Indefinite Leave to Remain (ILR) is an immigration status that allows you to stay in the UK without any time limit and free from immigration control. The 10-year Long Residence ILR route is available for individuals who have lived in the UK continuously for 10 years.

The Long Residence route to ILR allows you to count different types of visas held during your 10+ years in the UK. This provides more flexibility for anyone who has held several different types of visas and has been unable to reach the qualification period for ILR with any single visa type. However, not all visas count towards ten years; for instance, time spent on a visitor visa or short-term study visa does not contribute to the qualifying period.

If granted Indefinite Leave to Remain, you can work, study, live in the UK, and claim qualifying benefits. ILR status is the most secure immigration status other than British Citizenship; the ILR 10-year route can also be used as a path to British Citizenship.

Much like the 5 Years' ILR route, you must meet the eligibility requirements for the 10 Years Long Residence ILR route and submit a convincing application to the Home Office about your UK history to increase your chances of success.

When to Apply for ILR Long Residence

The earliest we may submit your application to the Home Office is 28 days before completing your 10-year qualifying period and certainly before your current Leave to Remain or Enter Visa expires. Applying for Indefinite Leave to Remain after 10 years can take up to 6 months. There is an option to purchase Super-Priority service, which shortens the decision-making time to 1 working day; however, the slots are minimal.

Visa Pathway

ILR and Settled Status

Under the EU Settlement Scheme, eligible EU citizens receive either Pre-Settled or Settled Status. Achieving Settled Status means living in the UK for at least five years, granting you Indefinite Leave to Remain (ILR).

EU citizens who arrived in the UK before 31 December 2020 but did not apply to the scheme or EEA nationals who came after this date may need to submit a late application or apply for a visa before becoming eligible for ILR.

ILR and British Citizenship

While holding ILR does not automatically make you a British citizen, it is generally a prerequisite for applying. Many people who obtain ILR eventually seek citizenship.

If you are married to a British citizen, you may be eligible to apply for British citizenship immediately after obtaining ILR. For other applicants, you can apply for British citizenship after residing in the UK for at least twelve months with ILR, provided your circumstances have remained the same since obtaining ILR. To become a full British citizen, you must apply for naturalisation through the Home Office.

Once you obtain British Citizenship, you can apply for a British passport.

Eligibility & Requirements

To apply for Indefinite Leave to Remain (ILR) under the Long Residence route, you must have lived lawfully in the UK for 10 continuous years. This pathway allows you to settle in the UK without immigration restrictions. The following requirements must be met:

1. Continuous and Lawful Residence:
   • You must have lived in the UK legally for a continuous period of 10 years. This means you have held valid permission to stay, such as Leave to Remain or Leave to Enter, throughout this period.
   • The 10-year period must not include time spent as a Visitor, Short-term Student (English language), Seasonal Worker, Ukraine schemes or similar categories that do not qualify. It also excludes time as an EEA national or family member exercising free movement rights before 31 December 2020.
2. Compliance with Visa Conditions:
   • You must have adhered to the conditions of your visas during your stay, including not overstaying any visa periods or engaging in unauthorised work.
3. Absence from the UK:
   • You should have been present in the UK for at most 180 days in 12 months during the 10 years.
4. English Language Proficiency:
   • You must demonstrate sufficient knowledge of the English language. This can be proven by:
     • Being a national of a majority English-speaking country,
     • Holding a degree taught in English, or
     • Unless exempt, pass an approved English language test at CEFR Level B1 or above.

5. Life in the UK Test:

• Unless exempt, you must pass the Life in the UK Test, which assesses your knowledge of British culture, history, and traditions.

6. Current Leave to Remain:

• If your current leave was granted on or after 11 April 2024, you must have held it for at least one year before applying for ILR, or you must have been exempt from immigration control within the last 12 months.

7. No Breach of Immigration Laws:

• You must not breach immigration laws or be on immigration bail at the time of your application.

8. Public Interest Considerations:

• The granting of ILR must not be against the public interest. Considerations include your personal history, character, age, health, and family connections in the UK.

9. Criminal Convictions and Conduct:

• It would be best if you did not have unresolved criminal convictions or behaviours that might lead to your application being refused on general grounds. This includes not being subject to removal directions under section 10 of the Immigration & Asylum Act 1999 during the 10-year continuous residence period.

English Language Requirements

Applicants aged 18 to 64 must meet the English language requirements to qualify for Indefinite Leave to Remain (ILR) on a 10-year basis. This is part of the Knowledge of Language and Life in the UK (KoLL) requirements. You can satisfy the English language requirement by:

• Holding an academic degree that was taught or researched in English.
• Passing a Secure English Language Test (SELT) at level B1 or above.

Exemptions

You may be exempt from proving your knowledge of the English language if you are:

• A national of a majority English-speaking country.
• A victim of domestic violence.
• A foreign and Commonwealth citizen discharged from HM Forces (including Gurkhas).
• A highly skilled migrant applying under the Highly Skilled Migrant Programme (HSMP) for a judicial review, along with their dependents.
• A bereaved spouse, civil partner, unmarried partner, or same-sex partner of someone settled in the UK.
• A parent, grandparent, or dependent relative of someone settled in the UK, applying under paragraph 317 of the Immigration Rules, even if aged between 18 and 64.
• An adult-dependent relative under Appendix FM of the Immigration Rules, even if aged between 18 and 64.
• A retired person of independent means.
• An individual with extensive time spent in a secure hospital.
• Applying for ILR as a refugee or based on humanitarian protection.
• Applying for ILR based on discretionary leave.
• Applying for 10-year ILR outside the Immigration Rules (e.g., under discretionary arrangements like those for Gurkhas, widows, overage dependants, and orphans).
• Applying for 10-year ILR as a stateless person.
• A citizen of certain English-speaking countries.
• A holder of a Skilled Worker, T2, or Tier 2 Visa.

Life in the UK Test

The Life in the UK Test is mandatory for most applicants aged 18 to 64 applying for ILR under the 10-year-long residence route. This test assesses your knowledge of British customs, history, laws, and values. Even if you are exempt from the English language requirement, you must still meet the Life in the UK Test requirement unless exempt for the above reasons.

Exemptions

You may be exempt from taking the Life in the UK test if you are:

• Over 65 years old.
• Have a long-term physical or mental condition that prevents you from taking the test.
• Have lived lawfully in the UK for 15 years continuously in specific visa categories.

Continuous Residence

You must meet the continuous residence requirement to be eligible for Indefinite Leave to Remain in the UK. This means you must have lived lawfully in the UK for 10 consecutive years without any extended absences or overstaying any visa.

Specifically, from 11 April 2024, individuals can leave the UK for up to 180 days in any 12 months.

If the 10 years' UK residence period you are claiming ends after 11 April 2024, then your absences are subject to:

• 184 days per trip and total absences of 548 days, for the period until 10 April 2024;
• up to 180 days in any rolling 12 months, for the period from 11 April 2024.

If the 10 years' UK residence period you are claiming ended before 11 April 2024, then your absences are limited to:

• 184 days per trip, and
• 548 days in 10 years.

Excess absences may impact your ILR Long Residence application through the 10-year route as a non-British citizen or non-UK national.

If you do not satisfy the Long Residence requirements, we may still argue for the ILR application to be granted at your discretion if there are valid human rights grounds to consider. For example, the current Appendix Continuous Residence permits the following absences to be excluded from the overall absence limit:

• You were assisting with a national or international humanitarian or environmental crisis overseas, providing if, on a sponsored route, your sponsor agreed to the absence for that purpose.
• Travel disruption due to natural disasters, military conflict or pandemics.
• Compelling and compassionate personal circumstances, such as your life-threatening illness or life-threatening illness or death of a close family member.

Documentation

To successfully apply for Indefinite Leave to Remain (ILR) through the 10 Years Long Residence route, you must submit the documentation including:

1. Identity and Immigration Status:

• Current Valid Visa or Biometric Residence Permit: This includes your current digital status, if applicable.
• Current Passport (or Another Valid Travel ID): Your most recent passport or travel document.
• Previous Passports: All past passports you have held during your 10 years of stay in the UK, where available.

2. Evidence of Continuous Residence:

• Proof of Residency: Documents such as property rental agreements, mortgage statements, utility bills, bank statements, and employment contracts.
• Travel History: Travel tickets and boarding passes into the UK to demonstrate entry and stay.
• Educational Records: Documents proving attendance and education in the UK.

3. Absences from the UK:

• List of Absences: A detailed record of all absences from the UK during the last 10 years, including dates and reasons.

4. Language and Knowledge Requirements:

• Proof of English Language Requirement: Evidence such as a recognised English language test result or a degree taught in English.
• Proof of Passing the Life in the UK Test: A certificate or official confirmation of passing the test.

5. Additional Considerations:

• Handling Lost Documents: If you have lost any passports or travel documents from the last 10 years, provide alternative evidence, such as police reports or official correspondence, to prove your stay in the UK.

6. Certified Translations:

• Non-English/Welsh Documents: Certified translations must be provided for any documents not in English or Welsh.

QC Immigration will provide a customized document list tailored to your circumstances, ensuring that your 10-year ILR application includes all necessary documentation.

Requesting Immigration Records

If you need to access your immigration and travel history to calculate your time in the UK, you can submit a Subject Access Request (SAR) to the Home Office. A SAR summarises your immigration and travel history, including any electronically held landing cards and basic details of visa applications submitted outside the UK for entry clearance. This is especially helpful if you've lost your passports or need help tracking your absences from the UK.

To request your records, you can submit a SAR online, via email, or post to the Subject Access Request Unit (SARU). You will need to provide supporting evidence, such as photo identification. The Home Office typically responds within one month, providing the information required for your ILR application.

Processing Time

Applying for Indefinite Leave to Remain after 10 years generally takes about 6 months. Specifically, this pertains to the review of your application and its approval or rejection by the government. However, this is only the case if you apply for Indefinite Leave to Remain after 10 years through the standard procedure.

Priority Service

For faster processing of your Indefinite Leave to Remain (ILR) application, the Home Office does offer paid-for premium services:

• Priority Service: This service typically provides a decision within five working days for an additional fee of £500 on top of the standard application fee.
• Super-Priority Service: For an extra £1,000, this service aims to deliver a decision by the end of the next working day after your appointment, provided the appointment is on a weekday.

Application Fees

The Home Office charges a one-off fee of £2,885 to process your application for a 10-year ILR. You must also consider additional costs, such as legal advice and certified translations.

If you cannot obtain Indefinite Leave to Remain 10 years, you will only need to pay £1,048 to extend your stay in the country.

How to Apply for ILR 10 Years Long Residence

The ILR Long Residence application process involves several key steps. Applicants must complete and submit the appropriate online Indefinite Leave to Remain application form. They must also pay the ILR fee and the biometric residence permit fee.

After applying, applicants must book an appointment with their nearest UK Visa and Citizenship Application Services (UKVCAS) service point to provide biometric information. You must upload all required documentary evidence online or provide it during the UKVCAS appointment.

In some cases, applicants may be invited to an interview if UK Visas and Immigration (UKVI) requires more information. Ensuring all information is accurate and complete can help avoid delays or refusals.

Refused Application

If your ILR Long Residence application has been refused, it's essential to understand the reasons for the decision, as outlined in the Home Office notification. Depending on the grounds for refusal, you have several options to consider:

• Resubmitting a Stronger Application: If the refusal was due to errors in your application, such as incorrect documentation or missing information, you may resubmit with the necessary corrections.
• Right of Appeal: If your application is based on human rights grounds, you have the right to appeal the decision. Seeking advice from an immigration solicitor can help you determine if this is a viable option for your case.

The Home Office letter will detail your specific options and the next steps you can take.

Common Issues and How to Overcome Them

Common issues in ILR applications include:

1. Excessive Absences:
The Home Office may exercise discretion for compassionate or compelling reasons in cases of excessive absences or gaps in lawful residence. However, applicants must provide substantial evidence and compelling reasons to justify these gaps or absences, particularly if they exceed the permissible limits. Short gaps may sometimes be overlooked if adequately explained according to the Immigration Rules.

2. Missing Trips or Incorrect Dates:
Providing inaccurate travel history, such as missing trips or incorrect dates, can lead to application issues. Ensuring that all travel dates are accurately recorded and documented is crucial. A Subject Access Request can help retrieve accurate travel records if necessary.

3. Complex Immigration History:
Applicants with complex immigration histories, including unacceptable gaps in residence, periods of overstaying (even by one day), or time spent on visas that do not count towards the 10-year long residence requirement, must provide strong reasons for the Home Office to consider using discretion. Failure to provide compelling reasons or proper documentation may lead to refusal.

4. Issues Related to Public Interest or Character Considerations:
Criminal convictions, pending charges, traffic offences, penalties, cautions, breaches of immigration law, or behaviour indicating a lack of good character can negatively impact an ILR application. It is crucial to openly address any such issues in your application and provide supporting documents demonstrating rehabilitation or mitigating circumstances.

Post-ILR Considerations

After obtaining indefinite leave to remain (ILR), several factors must be considered if you plan to apply for British Citizenship in the future.

• ILR holders must typically wait at least 12 months before applying for British citizenship unless they are married to or in a civil partnership with a British national, in which case they can apply immediately after obtaining ILR.
• Applicants must ensure they have spent at most 90 days outside the UK in the 12 months preceding their citizenship application. Exceeding this limit could affect eligibility for citizenship.

If you choose not to apply for British citizenship, keeping your Indefinite Leave to Remain (ILR) status is important by not being outside the UK for more than two years continuously. Going beyond this two-year absence may result in the revocation of your ILR. If you exceed this two-year absence, you must apply for a Returning Resident visa before attempting to return to the UK. This application requires evidence of your strong connections to the UK and an intention to return.

Get Support with ILR 10-Year Long Residence

Achieving Indefinite Leave to Remain (ILR) through the Long Residence route opens the door to a permanent future in the UK and can be a stepping stone to British citizenship. The ILR application process can be complex, especially with issues such as continuous lawful residence, absences, and varying visa types. Seeking legal assistance can significantly enhance your chances of a successful application.

How We Support You

Our team will guide you through each process stage, ensuring a thorough and well-prepared application. Our services include:

1. Receiving Your Inquiry and Consultation: We begin by understanding your situation and providing an initial consultation.

2. Gathering Documents: We assist in collecting all necessary documents to support your 10-year residence ILR application.

3. Analyzing Documentation and Eligibility: We meticulously review your documents and assess your eligibility against all applicable rules.

4. Legal Justification of the Application: We prepare arguments and justifications to strengthen your application.

5. Submitting the Application and Providing Client Support: We handle the submission process and offer continuous support.

6. Ensuring Compliance: We ensure that your application complies with all relevant regulations and standards.

7. Assistance with Interview Preparation and Home Office Communication: We prepare you for any potential interviews and manage communications with the Home Office.

8. Drafting Statements and Legal Arguments: We provide legal representation and draft statements to support your case where necessary.

QC Immigration specializes in ILR applications under the 10-year Long Residence route and other UK visas. Our team has a proven track record of success, even in complex cases. Contact us today for expert advice and to discuss your unique situation. Taking the right steps now can make all the difference in securing your future in the UK.