ILR 10 Years Long Residence

UPDATED: On 8 July 2024, the Home Office made changes to their published guidance and partially reinstated the 548-day absences rule, which now applies to the part of the qualifying period before 11 April 2024. The guidance below has been updated to reflect the changes. 

You can apply for Indefinite Leave to Remain – ILR 10 years on the basis of long residence in the UK.

Migrants who have accumulated ten years of continuous lawful residence in the UK, under any combination of UK visas, may qualify for ILR on 10 years basis.

An applicant will further need to show sufficient knowledge of English language at level B1 CEFR and pass Life in the UK test among other requirements for a successful application.

General Overview of ILR on 10 Years Basis

To apply for the ILR on a long residence basis, you should have lived lawfully for 10 continuous years in the UK. The period can be completed with a combination of various visas, for example, Global Talent Visa, Post Study Work Visa, Tier 2 (General work) visa etc.

The rules are rather strict as to what accounts as a continuous lawful residence in the UK. You shouldn’t have spent more than 18 months (548 days) in total outside the UK for the part of a ten-year qualifying period before 11 April 2024. Therefore, the 548-day limit will still apply to any part of the qualifying period before 11 April 2024 (in line with updated guidance on 8 July 2024).  In addition, you must not have spent more than six months outside the UK on any one occasion for those relying on rules before 11 April 2024, and no more than 180 days in any 12-month period for applications submitted after that date.

In addition to the regular applications, the UKVI also offers premium 24-hour service for the ILR 10-year applications. Applicants can apply using the premium consideration option by paying additional fees.

Applicants will also have to pass Life in the UK and English language tests, among other requirements for 10 years ILR application.

Requirements for ILR on 10 Years Basis Application

The applications for Indefinite Leave to Remain (ILR) based on 10 years continuous lawful residence are complex in nature. You will need to fulfil several requirements to be eligible for the indefinite leave to remain after 10 years lawful stay.

You should have current leave to remain in one of the immigration categories to apply for the ILR. The eligibility requirements for the ILR on 10 years basis include;

  • You should have lived lawfully in the UK for 10 continuous years (see more about 10 Years requirement)
  • You must pass the Life in the UK Test and prove you have sufficient English language skills
  • You shouldn’t have breached any immigration laws and maintained the terms of your UK visa
  • Have existing leave to remain in a correct UK immigration category
  • No reasons with regards to public interest why it would be undesirable to grant you ILR

Other factors, such as your age, personal history, relations in the UK, etc, will also be considered for your suitability for ILR on the grounds of public interest reasons.

Continuous 10 Years of lawful Residence

Applicants should have maintained 10 years of continuous lawful residence in the UK. The changes to the Immigration Rules on 11 April 2024 introduced a number of amendments to the Continuous Residence requirements; those are now applied with reference to Appendix Continuous Residence, which is in line with the other routes, such as Tier 2 ILR and Global Talent ILR. You should have fulfilled a continuous 10-year period by;

  • Transitional arrangements preserve the position that continuous residence will be broken if an applicant has been absent from the UK for more than 184 days at any one time or for more than a total of 548 days overall before, 11 April 2024. This means that:
  • Any single absences started before 11 April 2024 must be no longer than 184 days
  • The applicant must not have spent a total of 18 months (548 days) outside the UK in any part of their qualifying period before 11 April 2024
  • For any part of the qualifying period on or after 11 April 2024 the applicant must not have been outside the UK for more than 180 days in any 12-month period
  • Maintained valid leave-to-remain status under any immigration category for the period
  • For leave granted after 11 April 2024, the applicant must have held permission on their current route for at least 12 months;

The period spent in the UK during the relevant 10 year period must be spent lawfully, meaning:

  • You must have held a valid permission, except a short-term permission, such as a Visitor, Short-Term student, or a Seasonal Worker; or
  • While exempt from immigration control (for example, diplomats and their family members); or
  • Living in the UK as an EEA national or a family member of an EEA national in line with EEA Regulations 2016, for periods prior to 31 December 2020 (or by June 2021, if awaiting consideration under the EU settlement scheme).

Time spent on Immigration Bail and Temporary Admission do not count towards the qualifying period.

English Language Requirements for ILR 10 Years Basis

You can fulfil the English language requirements for ILR 10 years category:

  • With a speaking and listening qualification at the B1 level
  • Qualification of Degree level that was taught or researched in English
  • Original national of an English-speaking country

Absences for 10 years ILR (prior to 11 April 2024)

Very often, applicants will have absences exceeding 548 when applying for ILR based on 10 years of lawful residence for part of the qualifying period until 11 April 2024. If your absences are over 548 days, the Home Office can exercise discretion in the following circumstances:

  • The Home Office will consider whether the long absence (or absences) that pushed the applicant over the limit happened towards the start or end of the 10-year residence period and how soon they will be able to meet that requirement. The closer the absence to the end of 10 year period, the less likely the discretion to be exercised for your ILR application.
  • If the absences were towards the start of that period, the person may be able to meet the requirements in the near future, and so could be expected to apply when they meet the requirements.
  • However, if the absences were recent, the person will not qualify for a long time, and so you must consider whether there are particularly compelling/compassionate reasons. Compelling reasons mean when an applicant was prevented from returning to the UK through unavoidable circumstances.

For excess absences for 10 year ILR application, Home Office in addition to the above will always consider whether the individual returned to the UK within a reasonable time once they were able to do so.

Absences for the ILR Applications submitted after 11 April 2024

The requirements for the total absences to be under 548 only apply to the part of the qualifying period until 11 April 2024. The requirements are as follows

  • Any single absences started before 11 April 2024 must be no longer than 184 days;
  • The part of the qualifying period before 11 April 2024 must not have total absences exceeding 548 days;
  • From 11 April 2024, the applicant must not have been outside the UK for more than 180 days in any 12-month period;
  • For leave granted after 11 April 2024, the applicant must have held permission on their current route for at least 12 months;
  • Must have resided in the UK lawfully during the qualifying period;

Excessive Absences for ILR 10 Year Application

Absences caused by compelling and compassionate personal circumstances may be exempt from the 180-day limit and the 184/548-day counts. These circumstances include, but are not limited to, life-threatening illnesses of the applicant or their close relatives (parents, partners, children, grandparents, siblings, stepparents, uncles, aunts, or grandchildren), or when the applicant was delayed/prevented from returning to the UK due to circumstances outside their control.

  • Required Evidence: Applicants may provide documentation such as:
    • Detailed letters describing the situation.
    • Supporting medical certificates or records.
    • Evidence of urgent medical care needs abroad, unplanned medical appointments, or the applicant’s role as a carer for a seriously ill family member.
    • Relevant birth or death certificates.
  • Evaluation Criteria:
    • Credibility and adequacy of provided evidence.
    • Whether the absence was within the applicant’s control.
    • Whether the absence was planned or in response to unforeseen events.
    • Involuntary delays or inability to return to the UK due to exceptional circumstances outside the applicant’s control.

Each case must be judged on its own merits, considering the specifics of the situation. For complex applications, it is advisable to seek the advice of a qualified immigration lawyer.

Subject Access Request (SAR) for 10 Year ILR Applications

Where an applicant has insufficient records of absences from the UK, subject access request can be submitted to the Home Office. This may prove useful if one of the passports is missing or the applicant is struggling to prepare a complete list of absences.

Generally, it is a good practice to request SAR for 10-year ILR application if the record of absences is incomplete. Our immigration lawyers are able to assist with submitting SAR request for 10 year ILR application and reviewing the data received from the Home Office.

When to Apply for 10 Years ILR?

You should make an application for ILR before the expiry of your current leave to remain. You cannot apply more than 28 days before completing the qualifying period of continuous 10 years.

Your qualifying period for 10 years ILR starts from the visa date on which you entered the UK or the date you were granted permission to remain in the UK (if you didn’t enter the UK on a visa).

It’s very important to get the qualifying period right, as your application will be refused if you make an early application without meeting the requirement. You will also lose the fees and will have to make a new application.

Documents Required for ILR 10 Years Application

The list of documents for a valid Indefinite Leave to Remain – ILR application can vary depending on your situation.

In general, you must submit the following documents for a valid ILR application on the basis of 10 years.

  • Your current Passport or other valid travel ID
  • BRP (biometric residence permit ), if you hold one
  • Evidence of English language
  • Evidence of Life in the UK Test
  • Other supporting documents with the application, for example, evidence of compassionate circumstances for excessive absences, evidence of connections with the UK, evidence of residence, etc.

There can be several other documents required for ilr that you might need to provide depending on your immigration status.

Besides, if your documents aren’t in English and Welsh, you should also submit certified English translations for all of them.

Time and Fees for ILR 10 Years Application

It usually takes up to 6 months for the UKVI (UK Visas and Immigration) to make a decision on your application. This time can vary depending on your application circumstances.

It is possible to expedite the decision on your ILR 10-year application using a super-priority service. With super-priority service, your 10 years ILR application will normally be decided in 24 hours.

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Experienced Lawyers for ILR on 10 Years Basis

Edmans and Co have years of experience in making an application for ILR on 10 years basis. We regularly advise our clients for ILR long residence applications.

For more ILR categories, please refer to our complete guide to Indefinite Leave to Remain.