10-Year Route to Settlement: UK ILR Explained

Have you been in the UK lawfully for 10 continuous years or more? If so, you may be eligible to apply for Indefinite Leave to Remain (ILR) in the UK under the 10-year route to settlement. The benefit of holding ILR status means you are free from immigration and time restrictions on your stay in the UK. ILR is also the next step towards naturalising as a British citizen.

The 10-year settlement route applies to those who have spent this period on a variety of visa types, provided they meet the requirements for continuous residence, good character, and adherence to immigration rules.

Continuous residence is defined as staying in the UK without significant breaks. Applicants must not exceed a total of 180 days of absence in any 12-month period during the 10 years. Allowable absences include holidays or essential reasons like work or health, but extended or frequent breaks may jeopardise eligibility.

Applicants must also meet criteria related to good character, including no criminal convictions, unpaid debts to the NHS, or breaches of immigration laws. Evidence such as passports, visa stamps, and supporting documentation is crucial for proving eligibility.

Key risks include failing to meet the residence or character requirements, which can lead to application refusal. Applicants should carefully track absences, retain all necessary documentation, and ensure compliance with visa conditions throughout their stay. Professional advice may be helpful to avoid errors or oversights during the application process.

 

ILR 10-year requirements

 

To apply for Indefinite Leave to Remain in the UK under the Long Residence route the following criteria must be met:

 

• You must have permission to stay in the UK, commonly known as Leave to Remain, this can be in the same category or through various eligible immigration categories.
• You must have been in the UK legally for 10 continuous years.
• You must have kept to the terms of your visa and not breached any immigration laws or have any criminal convictions.
• You must have passed the Life in the UK Test.
• You must prove you have English Language ability if you are not from a majority English speaking country. You can do this by passing an approved English Language test at B1, B2, C1 or C2 level or if you have a degree taught or researched in English which is recognised by UKVI.

 

 

ILR continuous residence

 

Continuous residence is time you have spent in the UK lawfully without any major breaks or gaps in your residence. The 10-year long residence period starts from either:

 

• The date you arrived in the UK on a valid visa; or
• When you were given permission to stay in the UK.

 

You can leave the UK during the qualifying period, provided the absences do not exceed:

 

• 180 days per calendar year
• 540 day in total over the full 10 year qualifying period.

 

UK Visa and Immigration (UKVI) will also take into consideration if you leave the UK on a valid visa and re-enter the UK on a new visa which is valid, providing you entered within 180 days.

For example, if you entered the UK on a Student visa valid until 1st April 2023, you left the UK on 25th March 2023 and re-entered on a Spouse visa on 15th July 2023, this would not be considered as breaking continuous lawful residence in the UK.

Continuous residence is considered to have been ‘broken’ when you have:

• Been absent from the UK for a period of more than 6 months at any one time;
• Spent a total of 18 months outside the UK throughout the period;
• Left the UK with no valid leave to remain on departure from the UK and did not apply for entry clearance within 28 days of that leave expiring.

 

Only full days count as absences and you do not need to include any days on which you entered or departed the UK.

In addition, you will need to have valid leave both when you leave the UK and when you return. A month constitutes 30 calendar days and you only have to count full days out of the country, not days spent travelling.

Where you are deported from the UK or you leave the UK with obvious intent at that time not to return, this would also break your period of residence. Continuous residence is also broken if an applicant is sentenced to a period of detention in prison, a young offenders institution or a secure hospital.

 

ILR lawful residence

 

Your 10 years in the UK must be both continuous and lawful. This means you should generally have no periods of ‘overstay‘, where you were in the UK without valid leave, however brief or unintentional. A period of unlawful stay would effectively reset the clock on your 10-year qualifying period.

 

ILR & English Language and Life In the UK

 

For applicants aged 18 to 65 years old, you must also prove your knowledge of language and life in the UK, ie; the KoLL requirement. This means that you must be able to show you have sufficient English language skills, as well as passing a ‘Life in the UK’ test at an approved test centre.

You can satisfy the language requirement by either:

 

• obtaining an approved English speaking and listening qualification
• providing evidence of a UK degree, or other suitable academic qualification deemed to be equivalent to a UK qualification taught or researched in English.

 

If you are a citizen of a majority English speaking country you will not be required to obtain any qualification, although you will still have to pass the Life in the UK test. Further, you may be exempt if you are aged 65 or over, or have a long-term physical or mental condition that prevents you from meeting the KoLL requirement. You must, however, provide a completed exemption form from a doctor confirming your condition.

While individuals aged 65+ and those with long-term conditions are exempt from the KoLL requirement, the approval of the extension (for further leave) due to inability to meet KoLL is at the discretion of the Home Office.

In the event that you are unable to satisfy the KoLL requirement at the time of your application for indefinite leave to remain, you may be able to extend your stay for another 2 years, known as further leave to remain.

 

General grounds for refusal

 

In addition to eligibility under the residence requirements, all applicants will be assessed against public interest criteria. This will cover areas such as criminal convictions, immigration breaches, false representations, amongst other areas.

Where such issues are present, caseworkers are directed to consider other factors in determining whether the facts constitute a general ground for refusal, such as the applicant’s age, character, history, employment record, strength of connections in the UK, domestic circumstances, compassionate circumstances and any representations on the person’s behalf.

 

When can you apply for Indefinite Leave to remain under the Long Residence option?

 

You can submit your application as soon as you meet all the eligibility criteria, rather than waiting until your current visa expires, but the earliest you can submit an application is 28 days prior to completing the qualifying period.

Applying any earlier will lead to your application being refused and the fee paid to UK Visas and Immigration will not be refunded.

 

How to apply for ILR after 10 years

 

You must be in the UK to apply and you must not leave the UK until a decision has been made.

You will need to submit your application for indefinite leave to remain under the long residence route online via the Home Office website. You will also need to pay the application fee.

When you apply, you will be asked to make an appointment at a UK Visa and Citizenship Application Services (UKVCAS) service point to submit your biometric information, ie; a scan of your fingerprints and a digital photograph of your face, for which there is an additional fee here of £19.20. 

You can also have your documentation in support of your application scanned at your UKVCAS appointment or, alternatively, upload this into the online service.

You will need to provide various documents to support your application including a current, valid passport or other valid travel ID, your biometric residence permit (if you have one) and all passports you have held during your time in the UK. 

 

ILR supporting documents

 

It is also likely you will need to provide additional documents to evidence your eligibility. These will depend on your circumstances and the nature of your 10 year residence.

Given the qualifying period is so long, applications typically involve providing extensive supporting documents to prove your continuous and lawful status during the 10-year long residence period. This is likely to include bank statements, proof of employment/work/education, proof of accommodation, utility bills, bank statements and travel receipts and tickets.. The specific documents depend on individual circumstances, and it is essential to tailor evidence to your situation.

 

ILR long residence processing times

 

Standard ILR processing can take up to six months.

If you use the super priority service a decision will be made by the end of the next working day following your UKVCAS biometric appointment where your appointment is on a weekday, or 2 working days if your appointment is at the weekend. The cost of the super priority service is an additional £800. Using the standard service you should receive a decision within 6 months. 

In some cases an application for indefinite leave to remain can take longer, for example, where documentation needs to be verified or you need to attend an interview because of your personal circumstances, for example, you have been convicted of a criminal offence. You will be contacted, however, if this is the case.

 

Extend your visa

 

If you do not meet the eligibility requirements under the long residence route, you may be able to apply to extend your stay with limited leave to remain for a further period. Extensions are not guaranteed, as they depend on individual circumstances, eligibility requirements of the relevant route and ongoing compliance with immigration rules.

 

Long residence guidance: 20 year route

 

If you have been in the UK continuously for 20 years, including periods of overstay or incarceration, you may be eligible to apply for limited leave to remain. If approved, you can be granted leave for up to 30 months. You will then be eligible to apply for indefinite leave to remain once you have accumulated 10 years continuous lawful residence.

In addition to showing 20 years’ unbroken residence, you will also need to pass the suitability grounds, which are typically measured against the threshold of the ‘public good’ and ensure your application itself is valid, had been completed correctly and the relevant fee paid. There is no English language requirement under the 20 year application.

 

Need assistance?

 

The UK long residence rules are complex, and for applicants, it is important to understand what the caseworker will be looking for in a successful application. This means ensuring you understand the eligibility criteria, and how to evidence your suitability under the route.

Attaining UK indefinite leave to remain is a significant milestone. DavidsonMorris are specialists in UK immigration. As a team of lawyers and former Home Office personnel, we can guide you through your application and help prepare an application that best represents your case. For long residence guidance and support with your application, speak to us.

 

10 year route to settlement FAQs

 

What is the 10-year route to settlement?

The 10-year route to settlement is a pathway to Indefinite Leave to Remain (ILR) for individuals who have lawfully resided in the UK for at least ten consecutive years.

 

Who is eligible for the 10-year route?

Anyone who has legally lived in the UK for ten continuous years under various visa categories and meets the requirements for lawful residence, good character, and adherence to immigration rules.

 

What counts as continuous residence?

Continuous residence means living in the UK without significant breaks. Absences must not exceed 180 days in any 12-month period, and short breaks for holidays or essential reasons are generally acceptable.

 

Can absences from the UK affect my application?

Yes, absences exceeding 180 days in a 12-month period or extended breaks without valid reasons can break the continuity of residence and make you ineligible.

 

What documents do I need to apply?

You will need evidence of continuous lawful residence, such as passports, visa stamps, and proof of adherence to visa conditions, along with other supporting documents.

 

Can I apply if I have a criminal conviction?

A criminal conviction or other breaches of good character requirements, such as unpaid debts to the NHS or immigration rule violations, may lead to application refusal.

 

How much does it cost to apply for ILR under the 10-year route?

As of 2025, the application fee for ILR is £2,885, with additional costs for biometrics and any required translations.

 

Can family members apply with me?

The 10-year route is assessed individually, so family members must meet their own eligibility criteria or apply under a relevant visa category.

 

What happens if my application is refused?

If your application is refused, you may have the right to appeal or reapply with stronger evidence. Seeking professional advice can improve your chances of success.

 

Glossary

 

 

Term	Definition
10-Year Route to Settlement	A pathway to Indefinite Leave to Remain (ILR) in the UK for individuals who have lawfully resided in the UK for ten continuous years.
Indefinite Leave to Remain (ILR)	Immigration status that allows individuals to live and work in the UK without time restrictions.
Continuous Residence	The requirement to stay in the UK without significant breaks, with absences not exceeding 180 days in any 12-month period.
Lawful Residence	Time spent in the UK under valid immigration permission, such as visas or other lawful statuses.
Good Character	A requirement assessing an applicant’s behaviour, including compliance with laws, immigration rules, and financial responsibilities.
Visa Categories	The different types of visas under which an individual may have resided in the UK, such as Student or Skilled Worker visas.
Absence Limit	The maximum time an applicant can spend outside the UK without breaking continuous residence, usually 180 days in a 12-month period.
Supporting Documents	Evidence required for the ILR application, including passports, visa stamps, and proof of lawful residence.
Application Fee	The cost of submitting an ILR application, currently set at £2,885 as of 2025.
Biometric Information	Fingerprints and photographs collected during the application process to verify identity.
Appeal	A legal process allowing applicants to challenge the refusal of their ILR application.
Home Office	The UK government department responsible for immigration, visas, and citizenship decisions.
Unlawful Residence	Time spent in the UK without valid immigration status, which may impact eligibility for ILR.
NHS Debt	Unpaid charges for NHS services, which can negatively affect an applicant’s good character assessment.
Immigration Rules	The legal framework governing who can enter, remain in, or settle in the UK.