Frequently Asked Questions (FAQs) About ILR 10 Years Long Residence

Q.1: Is stay in the UK under Tier 1 PSW category counted towards 10 years lawful and continuous residence?

Answer: Yes, the stay under the Tier 1 PSW is counted towards continuous and lawful residnece for the purposes of ILR application under the 10 years long residence category.

Q.2: I am a Tier 4 General Student in the UK for last 10 years. I submitted one application for Tier 4 General visa extension 7 days after the expiry of my Tier 4 visa. Do I meet the requirement of ILR on the basis of 10 years long residence?

Answer: According to the Home Office guidance, if any one application for extension of stay was submitted to the Home Office less than 10 days out of time (within 10 days of the expiry of visa), then the Home Office should normally exercise discretion to grant ILR on the basis of long residence. However, if the application was submitted more than 10 days out of time, then the application for ILR may not succeed as the continuity of residence will be considered as broken. Also, if the application for extension of stay was made out of time due to exceptional  compassionate circumstances, then the Home Office may still exercise the discretion to grant ILR even if the application was submitted more than 10 days out of time. As an example, a person who was in hospital due to severe medical condition and could not submit the application due to medical illness, the Home Office may exercise discretion to grant ILR in such case.