Long Residence – 10 years
Learn about the factors which may impact your 10-year Long Residence application.
Awards and Accreditations
If you are a non-UK national and have lived in the United Kingdom continuously and lawfully for 10 years, you may qualify for indefinite leave to remain (ILR) in the UK on the basis of long residence.
Unfortunately, the British government has sought to make it increasingly difficult to obtain Indefinite Leave to Remain on the basis of long residence. From arbitrarily refusing applicants for minor errors, it has become increasingly challenging for those who dream of settlement in the UK to achieve it.
Applying for settlement can be complex and daunting experience. At Sterling Immigration our expert team understand you want to start the next immigration-free chapter in your life quickly and with minimal disruption and expense. By instructing us, you can be confident that your application will be managed with high professionalism and care.
Applying for Indefinite Leave to Remain on the basis of 10-years long residence
The main requirement for a successful settlement application is that you must have lived in the UK for a continuous and lawful period of 10 years. You must have held valid UK visas throughout the ten-year qualifying period.
There are various ways in which ‘continuous’ and ‘legal’ residence could be broken. You will have a break in your residence if at any time during the qualifying period relied upon:
- You were absent from the UK for more than 18 months in total; or
- You were absent from the UK for more than 6 months at any one time; or
- You were absent from the UK for less than 6 months but had no leave either upon departure or return (or both).
Previous visa refusals and time spent in detention/prison could negatively impact your Long Residence application.
Home Office Discretion
There is a certain level of discretion that the Home Office must apply if there are short gaps in lawful residence. Much will depend on the reasoning and the timing of the relevant ‘gaps’ in residence.
The Home Office also has a discretion to grant long residence applications where the applicant has been absent from the UK 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.
Important Considerations in Long Residence Applications
If you have not completed the Life in the UK test or met the English Language requirement, you may be able to extend your stay in in the UK, rather than apply for indefinite leave to remain. You can apply to extend your leave by filling in form FLR(LR). You may receive notice within eight weeks as to whether or not your application has been successful.
The qualifying 10-year period does not need to have been completed recently. You can rely on a historic continuous period of 10 years lawful residence.
If you have dependants, they may need to apply to switch into a different category of the Immigration Rules, such as the Spouse or Civil Partner categories.
You may be able to submit your application in person and receive a decision on the same day, using UK Visas and Immigration’s Premium Same-Day Service. We can arrange for one of our immigration lawyers to accompany you to the premium service centre to liaise with the immigration officer on your behalf.
What Can I Do if My Application for ILR on the Basis of 10 Years Long Residence is Refused?
ILR refusals can be devastating. Our legal team will move swiftly to advise you on your available options if your application is refused. Our immigration lawyers can advise you on the merits of making a fresh application and/or challenging the decision by way of an appeal to the Immigration Tribunal.
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.