Long Residence – 10 years
Learn about the factors which may impact your 10-year Long Residence application.
Awards and Accreditations
10 Years Long Residence Overview
You can apply to settle in the UK if you have lived in the UK legally for 10 continuous years (known as ‘long residence’).
Continuous Lawful Residence
Continuous residence is residence for an unbroken period. This residence is not broken by an absence of up to 6 months or less at any one time, so long as you had valid leave to enter or remain on leaving and returning. There is no requirement that you must have the same type of visa when returning as the one when you departed.
Continuous lawful residence is broken if you:
- are removed, deported or depart following a refusal of leave;
- leave the UK evidencing a clear intention not to return;
- leave the UK where there is no reasonable expectation of lawful return;
- are convicted and sentenced to a custodial non-suspended sentence; or
- are abroad for more than 18 months during the relevant period.
Short gaps in lawful residence (under 28 days) are permissible. The Home Office can exercise discretion in your favour, if there are gaps in lawful residence which are slightly over 28 days in length or where you have absences in excess of 540 days in total or a single absence of more than six months. You would need to demonstrate that the absence(s) was/were for an exceptional or compelling reason. . Much will depend on the reasoning and the timing of the relevant ‘gaps’ in residence. Any compelling or compassionate reasons for your absences from the UK should be communicated clearly in a legal submissions letter.
Other Factors in Long Residence Applications
If you do meet the Long Residence requirements, you may be able to extend your stay in in the UK for a further two years instead of applying for indefinite leave to remain.
It is worth noting that once you have built up a period of 10 years continuous lawful residence, there is no limit on when you need to submit a Long Residence application. You can leave the UK, re-enter and apply for indefinite leave to remain based on a 10 year period of continuous lawful residence you built up in the past.
Our immigration lawyers regularly assist foreign nationals to settle in the UK on the basis of 10 years long residence.
From the initial consultation until you receive decision on your application, we will guide you expertly and take the stress and uncertainty out of the process. We will draft persuasive legal representations in support of your application, highlighting the merits of your case and any special circumstances that need to be addressed. This can greatly enhance your chance of having your ILR 10 Years Long Residence application approved.
For further information please schedule a consultation.