Long Residence Guidance (ILR Applicant Guide)

If you have 10 years’ residence in the UK, you may be eligible to apply for Indefinite Leave to Remain (ILR).

In this long residence guidance, we explain the rules on ILR eligibility under the 10-year route and the application process you will need to follow. We also consider some of the common pitfalls in applying for settlement on the basis of long residence and how these can be overcome.

 

Long residence eligibility

 

You may be eligible to apply to settle in the UK if you have lived in the country lawfully for a period of 10 continuous years. This is known as ‘long residence’. The rules on long residence are designed to recognise the ties that a person may form with the UK having lived in the country over such a lengthy period of time.

If granted ILR, you will be permitted to stay in the UK indefinitely, and free from immigration restrictions.

To qualify for settlement on this basis, you must meet all of the ILR eligibility requirements.

EU, EEA and Swiss nationals who have lived in the UK prior to 1 January 2021 should look at EU settled status rather than ILR.

 

Long residence requirements

 

The eligibility requirements for settlement on the basis of long residence are set out under Appendix Long Residence. To apply for settlement on this basis, you must satisfy all of the following requirements:

 

• You must have spent at least 10 years residing in the UK both continuously and lawfully
• You must demonstrate sufficient knowledge of language and life in the UK (KOLL)
• There must be no public interest reason to refuse your application
• You must not fall for refusal under any of the general grounds for refusal
• You must not be in the UK in breach of immigration laws

 

The continuous lawful residence requirement

Your qualifying period of 10 years continuous lawful residence in the UK can be in any immigration category or a combination of different categories.

However, any time spent in either the Republic of Ireland, Channel Islands or Isle of Man will not count as residence in the UK for the purposes of the long residence rules even though these places form part of the common travel area.

‘Lawful residence’ includes a period of continuous residence in which a person has had:

 

• Existing leave to enter or remain in Great Britain and Northern Ireland
• Temporary admission where leave is subsequently granted, or
• An exemption from immigration control.

 

There are, however, limited circumstances in which short breaks in lawful residence can be disregarded. These include gaps of no more than 28 calendar days through making previous applications out of time where those gaps ended before 24 November 2016, or short gaps in lawful residence on or after that date but leave was granted in accordance with paragraph 39E of the Immigration Rules.

Paragraph 39E provides limited scenarios as to when short periods of overstaying can be disregarded for the purposes of continuous lawful residence, including a COVID-19 pandemic grace period of between 24 January and 31 August 2020, provided the applicant made a subsequent application to regularise their stay in the UK.

In respect of continuous residence, the 10-year qualifying period shall not be considered to have been broken where you have been absent from the UK for a period of 6 months or less at any one time, provided you had existing limited leave to enter or remain upon your departure and return.

However, continuous residence will be broken if:

 

• You have been absent from the UK for a period of more than 6 months at any one time
• You have spent a total of 18 months outside the UK throughout the 10-year qualifying period
• You left the UK without valid leave to remain and did not apply for entry clearance within 28 days of that leave expiring.

 

On 11 April 2024, significant changes were introduced by the UK Home Office to the rules governing long residence ILR applications. Confusion resulted from these changes, as many believed that the 548-day limit had been removed due to ambiguous language in the new caseworker guidance, which stated that there was “no 548-day limit.” In response, on 9 July 2024, the Home Office issued clarification confirming that the 548-day limit remains in effect for any part of the long residence ILR period prior to 11 April 2024.

Your period of continuous residence may also be broken if:

 

• You’ve been removed, deported or left the UK having been refused leave to enter or remain
• You’ve left the UK and, on doing so, evidenced a clear intention not to return
• You left the UK in circumstances in which you could have had no reasonable expectation that you would lawfully be able to return at the time of leaving
• You’ve been convicted of an offence and sentenced to time in prison, a young offenders institution or a secure hospital, provided the sentence was not suspended.

 

Time spent on immigration bail, as a visitor, short-term student and on the seasonal worker routes do not count towards long residence.

A person who has spent a period of time on immigration bail or as a visitor (or other temporary permission) who is later granted permission on another basis will still be able to qualify for long residence settlement, but they will need to wait longer to do so.

 

English language and life in the UK test

The requirement is to show you have sufficient knowledge of the English language and knowledge about life in the UK. You must meet both parts of this requirement as set out under Appendix KOLL (Knowledge of Language and Life in the UK), unless you are exempt.

This means you will usually be required to have either a recognised speaking and listening English test qualification at level B1 or above from an approved test centre, or an academic degree that was taught or researched in English. You will also need to prove you have passed the Life in the UK test with an approved test provider.

If your passport shows you are a national of a majority English-speaking country, you will be considered to meet the English language part of the ‘KoLL’ requirement. You will also be exempt from proving both knowledge of language and life in the UK if you are aged 65 or over, or have a long-term illness or disability which prevents you from meeting these requirements.

 

Long residence application process

 

To apply on the basis of long residence, you will need to do so on the GOV.UK website. You must be in the UK to submit your application.

You do not need to wait until your current visa expires before applying, although the earliest you can apply is 28 days prior to completing your 10-year qualifying period of continuous lawful residence.

As part of the application process under the rules, you will be required to apply for a biometric residence permit (BRP). When you submit your application, you will be instructed to book an appointment at a UK Visa & Citizenship Application Services (UKVCAS) service point. You will provide your biometric information at this appointment. This will comprise a scan of your fingerprints and a photograph of your face.

You will also need to submit your supporting documents. You can either upload your documents into the online service or have them scanned at your UKVCAS appointment.

 

Long residence supporting documents

 

In support of your application you will need to provide a current passport or other valid travel document, together with all the passports you have held during your time in the UK, and your biometric residence permit if you have one.

You should also provide documents to demonstrate your continued lawful residence in the UK, including evidence of accommodation, education and/or employment. The evidentiary requirement is extensive and applicants are generally advised to ‘over-evidence’ to support their eligibility and pre-empt any queries or potential objections from the Home Office.

You may also need to provide additional documents depending on your circumstances, for example, a completed exemption from a doctor confirming any physical or mental condition that exempts you from the KOLL requirement under the rules.

 

How much does a long residence application cost?

 

The cost of applying for settlement under the long residence route is £2,885. You will also need to pay £19.20 to provide your biometric information.

If you want a faster decision, you may be able to pay an extra £1000 for the super priority service. This means you will usually get a decision by the end of the next working day after your UKVCAS appointment if that appointment is on a weekday, or 2 working days after any weekend appointment.

 

How long are long residence processing times?

 

An application under the long residence route will take around 6 months to process if you use the standard service. You should be contacted by UK Visas and Immigration (UKVI) if your application is complex and could take longer, for example, if your supporting documents need to be verified, if you need to attend an interview, or because of your personal circumstances, for example, you have a criminal conviction.

You must not travel outside of the UK, Ireland, the Channel Islands or the Isle of Man until you have been given a decision on your application. If you do travel outside of these areas, your application for settlement will be withdrawn. Once you have had your decision letter from UKVI, your BRP will take up to 10 working days to arrive.

 

Challenges with long residence applications

 

There are various eligibility requirements when applying for settlement on the basis of long residence. However, one of the most common pitfalls with long residence applications is in demonstrating that residence over a period of 10 years has been both continuous and lawful. This means there must usually be no excess absences, no overstaying and no late applications, where any break in continuous lawful residence will in effect restart the clock.

However, there may be cases where some discretion can be exercised by UKVI in respect of excess absences. The Home Office guidance states that although an application should normally be refused if an applicant’s travel history shows they have been absent from the UK for more than 6 months at any one time, or 18 months in total, there may be compelling or compassionate circumstances to support the grant of the application. This could be where the applicant was prevented from returning to the UK through unavoidable circumstances.

Multiple changes to the guidance in 2024 have also been a source of confusion in relation to absences and breaking continuous residence. It is recommended to take advice on your circumstances to verify your eligibility under the correct rules.

There may even be other routes available to applicants who are unable to meet the long residence requirements, including an application for limited leave to remain under the 20 year rule. Under this alternative route a person does not need to have lived in the UK lawfully, but simply continuously. In these cases, residence can be lawful, unlawful or both.

By seeking expert legal advice on meeting the requirements for long residence, and by exploring all alternative options, you will be able to maximise your chances of a successful outcome or find the most suitable immigration route to secure your stay in the UK long-term.

 

Need Assistance?

 

Attaining UK indefinite leave to remain is a huge milestone, but 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.

DavidsonMorris are specialist UK immigration solicitors. We help individuals with all aspects of the UK ILR application, from guidance on eligibility to supporting with compiling a comprehensive submission. For advice on making an application for ILR, contact us.

 

Long Residence ILR FAQs

 

What is long residence in the UK?

Long residence refers to a situation where a person has lived in the UK continuously and lawfully for a long period, typically 10 years, making them eligible to apply for Indefinite Leave to Remain (ILR).

 

What qualifies as continuous residence?

Continuous residence means living in the UK without significant breaks. Short trips abroad for holidays or family visits are usually allowed, but absences should not exceed 180 days in any 12-month period.

 

Can time spent in the UK on different visas count towards long residence?

As long as your stay was lawful and within the rules, time spent in the UK on different visas can generally count towards the 10-year requirement.

 

What documents do I need to prove long residence?

You will need to provide a variety of documents, including passports, travel documents, proof of continuous residence, and evidence of lawful status throughout your stay in the UK.

 

Do I need to take the Life in the UK Test for long residence ILR?

Passing the Life in the UK Test is a requirement for all ILR applications, including those based on long residence.

 

What happens if my application is refused?

If your application is refused, you may be able to appeal the decision or request an administrative review. It’s advisable to seek legal advice if your application is not successful.

 

Can I apply for long residence ILR if I have overstayed my visa?

Overstaying your visa can break your continuous lawful residence, which might affect your eligibility for ILR under long residence. However, there may be exceptional circumstances, so legal advice is recommended.

 

How long does the ILR application process take?

The processing time for an ILR application can vary, but it typically takes around 6 months. There are options to pay for a faster decision, but these can be costly.

 

 

Glossary

 

 

Term	Definition
Indefinite Leave to Remain (ILR)	A form of permanent residency in the UK, allowing an individual to live and work without time restrictions.
Long Residence	A term referring to the continuous and lawful residence in the UK, usually for 10 years, making one eligible for ILR.
Continuous Residence	The requirement of not leaving the UK for more than 180 days in any 12-month period during the qualifying period for ILR.
Lawful Residence	The period during which an individual has continuously lived in the UK with valid immigration status.
Biometric Residence Permit (BRP)	A physical card issued by the UK government that contains personal and biometric information, proving the holder’s immigration status.
Life in the UK Test	A mandatory test for ILR applicants covering British history, culture, and everyday life.
Application Form	The official document that must be completed and submitted by applicants seeking ILR under long residence.
Absence	Time spent outside the UK, which must not exceed 180 days in any 12-month period to maintain continuous residence.
Appeal	A legal process by which an individual can challenge a decision made by UK Visas and Immigration regarding their application.
Administrative Review	A process where the Home Office reviews its decision on a visa or immigration application to ensure no errors were made.
Overstaying	Remaining in the UK beyond the period permitted by one’s visa, which can affect eligibility for ILR.
Premium Service	A paid service that expedites the processing of an ILR application.