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Understanding the ILR 10-Year-Long Residence Rules

The 10-year-long residence route is a recognised pathway for individuals who have lived lawfully and continuously in the UK for at least 10 years to apply for Indefinite Leave to Remain (ILR). The IRL 10-year route allows eligible applicants to transition from temporary immigration statuses to permanent residency, reflecting their long-term commitment to life in the UK.

By meeting the qualifying criteria, you can count time spent in the UK on various visa routes—excluding certain temporary categories—towards your 10-year residence period.

In this blog, the Immigration Team at Richard Nelson LLP, alongside Rita Kotecha, breaks down the essential requirements, processes, and key things to consider when applying under the 10-year-long residence rule.

If you’re interested in a particular section, use the links below to navigate straight to it:

Need help applying for ILR under the 10-year-long residence rule? Contact our team today for expert long-residence guidance and support.

What is the 10-year-long residence rule?

The 10-year-long residence rule is part of the Appendix Long Residence in the UK Immigration Rules. It’s a pathway for individuals who have lived lawfully and continuously in the UK for at least 10 years to apply for Indefinite Leave to Remain (ILR). 

Who is eligible for ILR under the 10-year rule?

Eligibility for ILR under the 10-year-long residence rule depends on meeting specific criteria set out by the UK Home Office. These include demonstrating a lawful and continuous stay in the UK for 10 years and fulfilling various validity, suitability, and eligibility requirements. 

Long residence requirements

For individuals who have spent significant time living in the UK and are considering applying for permanent residency, it’s important to be aware of the changes to the long residence rules for 2025.

The UK’s immigration system underwent substantial revisions in April 2024, part of a broader effort by the Home Office to manage net migration more effectively. These updates have brought key changes to the long residence route, which are crucial for anyone planning to apply for ILR.

Let’s explore the long residence requirements that could impact an ILR application in 2025.

Validity requirements

You must meet the validity requirements to apply on the long residence route. These include:

  • Applying on the specified form (“apply to settle in the UK – long residence”)
  • Paying any fees due
  • Providing any biometrics
  • Establishing your identity and nationality by providing a passport and any other documentation, and being in the UK on the date of the application.

If any of these requirements are not met, the Home Office will only accept the application when considering the application as a whole.

Suitability requirements

You must also meet the suitability requirements set out in Appendix Long Residence of the Immigration Rules, specifically in paragraphs LR 10.1 – LR 10.2. These include:

  • There must be no grounds for refusal, which may include criminal convictions or posing a threat to immigration control. Additionally, granting Indefinite Leave to Remain (ILR) must not be against the public interest.
  • You must not have breached previous immigration conditions (e.g., overstayed).

If there are periods of overstaying that have been disregarded by the Home Office, these will not count towards the 10-year continuous residence but will not break the continuity of residence.

Eligibility requirements

To qualify for ILR through long residence, you must have spent 10 continuous years lawfully in the UK. This includes time on one or more of the following:

  • Held valid immigration permission (except permission as a Visitor, Short-term Student (English language), or Seasonal Worker); or
  • Been exempt from immigration control; or
  • Been in the UK as an EEA national, or the family member of an EEA national, exercising rights of free movement prior to 31 December 2020 (and until 30 June 2021 or the final determination of an application under Appendix EU made by that date).

A new update for the long residence ILR absent rule in 2024 is:

  • Any single absences started before 11 April 2024 must be no longer than 184 days
  • A 10-year period completed before 11 April 2024 must not have total absences of more than 548 days – for 10-year periods which extend beyond 11 April 2024, there is no 548-day limit
  • From 11 April 2024, the applicant must not have been outside the UK for more than 180 days in any 12-month period.

Periods spent on a visitor visa, short-term student visa, or seasonal worker visa will not count toward the 10-year qualifying period. Overstaying any visa will also disqualify you from the continuous residence requirement. 

The 10-year period will be calculated by counting back from the relevant date, so you cannot rely on previous periods of residence. Additionally, you must have held permission on your current immigration route for at least 12 months at the time of application, unless your leave was granted before April 2024.

Ensure that the full 10-year period is completed before submitting your application, as applying prematurely may result in refusal.

What are disregarded periods of overstaying?

This is referred to as the “good reason” rule. The Home Office will disregard a period of overstaying, provided a new application is made within 14 days of the previous leave expiring and you can evidence good reasons for having overstayed.

When should you apply for long residence ILR?

You can apply for Indefinite Leave to Remain (ILR) under the 10-year-long residence rule up to 28 days before meeting the eligibility requirements. However, timing is crucial. If you apply too early, even by a day or two, your application may be rejected. To avoid this, you should ensure you have completed the full 10 years of continuous lawful residence before submitting your application.

It’s best to apply when you are certain you have reached the 10-year mark and have all the necessary documentation in place to support your case.

What are the fees for long residence ILR?

The Home Office fee for a 10-year ILR application is £2,885, which must be paid when submitting your application. For couples or families applying together, the total fee will increase accordingly. For example, a married couple would pay £5,770, while a family of four would need to pay £11,540.

Keep in mind that the Home Office periodically reviews and updates its fees, so it’s important to check the current fees before applying to ensure you pay the correct amount. The ILR fee is non-refundable, even if the application is unsuccessful.

How long does it take to process a long residence ILR application?

The standard processing time for a 10-year-long residence ILR application is up to 6 months. This is the timeframe most applicants can expect when using the regular service.

For those needing a faster decision, the Super Priority Service is available. With this option, you should receive a decision by the end of the next working day after attending your biometrics appointment. However, there is no 5-working-day Priority Service for this type of application, although the Home Office may amend the options, so we can review them accordingly at the time of submission.

Planning your application timeline is essential, especially if your current visa is nearing expiration. Choosing the Super Priority Service may be a practical solution for those seeking an expedited process.

How can you ensure a successful 10-year ILR application?

To ensure your long residence ILR application is successful, it’s important to thoroughly check that you meet all the eligibility and suitability requirements.

Gather all necessary documentation, including proof of continuous residence, such as employment records, tenancy agreements, or utility bills. Make sure you have not exceeded the absence limits, and confirm that your visa status has been lawful throughout your stay.

Additionally, ensure you meet the English language requirements and pass the Life in the UK test. If you are unsure about any aspect, seeking professional legal advice can help avoid mistakes and improve the likelihood of your application being approved.

Can you extend your stay if you don’t meet all ILR requirements?

If you meet most of the requirements for ILR but still need to complete certain criteria (like passing the Life in the UK test or meeting English language requirements), you may be eligible to apply for a 2-year extension. This allows you to remain in the UK while you complete the remaining requirements. However, it’s important to ensure that you meet all other eligibility criteria before applying for an extension.

Consulting with an immigration solicitor can help clarify your situation and guide you through the process.

How we can help

Our immigration specialists are experts in the 10-year-long residence route. We provide tailored long-residence guidance, from assessing eligibility to assembling a comprehensive application. If needed, we can also represent you in case of refusal.

Contact our UK Visa Solicitors today and let us support your journey to secure permanent residency in the UK.

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