Do you need to apply for a Long Residence ILR?
Speak to our experts to find out about our fast, friendly and affordable service
A Long Residence ILR Visa is a visa which leads to the grant of Indefinite Leave to Remain in the UK after you have completed 10 years lawfully. Once you have the Indefinite leave to remain also known as ILR, you are free from any immigration restrictions. Settlement in the UK is the prime objective of many people around the world, as it grants you right to work and right to permanent stay. To be eligible to apply for Indefinite Leave to Remain or Long Residence ILR, the individual must have proof of having lived lawfully in the UK for 10 years. On 11 April 2024, the rules have changed and Appendix Long Residence was introduced, which is a replacement of the 276 B of the Immigration Rules.
To qualify for Long Residence ILR, there are certain requirements, such as to have:
Lived in the UK for 10 years lawfully continuously (You cannot count leave granted on visit visa, short term student, and seasonal worker. You should not be on immigration bail, temporary admission or termporary release);
If you have been granted the last visa on or after 11 April 2024 then you must spend at least 12 month on your current visa before applying for ILR;
Not have left the UK for a continuous period of 184 days before 11 April 2024 or 180 days in any 12 months after 11 April 2024 ;
Not have spent more than 548 days outside the UK during 10 years’ stay before 11 April 2024;
Must pass life in the UK test and English language at Level B1
Generally the documents depend on applicant's circumctances, however the general documents required are -
In certain cases where the applicant may fall just short of 10 years lawful residence or exceeded the travel requirement, they may be able to apply for the 10 years long residence ILR if they are able to provide compassionate and compelling reasons and display their long term ties to the UK.
Under UK immigration Rules, after Long Residence the individual may apply for ‘indefinite leave to remain’. This entitles the individual to stay in the UK indefinitely without any restrictions on how long, and also new applications can be made to the Immigration Office to have their children and dependents stay in the UK too. Seeking professional legal advice before considering applying for settlement in the UK after long residence is advisable.
The 10-year qualifying period starts when the individual arrives in the UK with a valid visa or when they get permission to live in the United Kingdom. The applicant can have gaps of 6 months in cases where they left the UK with valid leave and returned with a valid leave within teh 6 montsh period. The overstaying must not exceed 28 days for a period before November 2016 and 14 days after November 2016. Leave under Section 3 C and section 3 D of Immigration Act 1971 count towards teh 10 years lawful residence. You cannot submit an early application than 28 days before completing 10 years.
If there has been a decision made and it is not satisfactory then the individual may be able to appeal or seek Judicial Review. Extension of the residence may be an option. Notably, the individual may be able to extend their stay in the UK for another two years, even if all the above requirements are not met and if they have 10 years lawful stay.
10-year long residence ILR period can be deemed as broken if the individual has
Left the UK for a 6-month period, or longer;
Left the UK for a combined total of 548 months;
Received a criminal sentence from a court and spent time in prison or in detention;
Left the UK and demonstrated clear intention not to return.
You must complete a SET LR form to apply under this category. You must be careful when completing the application and answer all questions honestly. The fee for the application is £2885 and you can opt for the priority decision making service for an additional fee of £1000.
Family members or dependents may also be eligible for a Long Residence ILR visa. All applications must be made individually. Under UK immigration law, a dependent is either a partner or a child who is under the age of 18. If a child is over the age of 18 they will have to apply separately. If they are not eligible to do so, they may have to leave the United Kingdom. If a child has lived in the UK for over 7 years, they may be able to apply to remain depending on personal circumstances and prove that it is not reasonable for the child to go outside the UK. If the partner or the main applicant is not eligible to apply separately and the main applicant's application to settle in the UK is successful, then the partner may be able to apply to remain in the UK as the partner of a settled person.
If you want to apply for a long residence ILR visa or want to know about 10 year long residence documents required, contact our immigration experts now.
Q. How long does the application take to be decided?
Generally the application under Long residence route take 6 months for a decision
Q. I left the UK with valid visa and returned within 6 months with another valid visa, is my leave continuous?
Yes, your leave is continuous
Q. I was waiting on an appeal decision which I won, is my leave continuous?
Yes, your leave is continuous and can apply for ILR;
Q. When can I apply for Long Residence ILR?
You can apply after completing 10 years lawfully in the UK and your time starts when you entered the UK
Q. What is continuous residency requirement?
Continuous residence means you should not be out of the UK for 180 days in any 12 months or 184 days before 11 April 2024
Q. Can I apply for fast track service for long residence ILR?
Yes, you can apply for fast track service for ILR and we can help with this
Do you need to apply for a Long Residence ILR?
Speak to our experts to find out about our fast, friendly and affordable service
