10 Years Long Residence Applications

The 10-year long residence rule allows individuals who have lived lawfully and continuously in the UK for 10 years to apply for Indefinite Leave to Remain (ILR). The person can count time with permission on most routes towards the 10 year qualifying period. 

There is no provision within the Immigration Rules for an applicant to include dependants on an ILR long residence application. Dependants must make their own sole applications if they wish to rely on the 10-year long residence rules.

If the dependants have not completed 10 years of long residence, they may have various options to continue with their stay in the UK including applying for a family visa under Appendix FM or continuing on PBS Dependant visa if the main applicant was on a point based work visa in the UK before applying for ILR based on 10 years long residence. 

The validity requirements for settlement on the long residence route are set out in paragraphs LR 9.1 to LR 9.4. of Appendix Long Residence to the Immigration Rules.

These requirements are that the applicant must:

• apply on the specified form (‘Apply to settle in the UK - long residence’ form)
• pay any fee
• provide any required biometrics
• establish their identity and nationality by providing a passport or other document
• be in the UK on the date of application
• Where any of these requirements are not met the application may be rejected as invalid without consideration of the substantive application.

The suitability requirements for settlement on the long residence route are set out in paragraphs LR 10.1. to LR 10.2. of Appendix Long Residence to the Immigration Rules.

The Home Office UKVI must be satisfied that the applicant should not be refused under Part 9: General Grounds for refusal of the Immigration Rules. The applicant must also not be:

• on immigration bail
• in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded

Disregarded periods of overstaying will not break continuous residence but will not count towards the 10-year qualifying period.

 As set out in paragraph LR 11.1. to LR 11.4. of Appendix Long Residence to the Immigration Rules, the applicant must have spent a continuous qualifying period of 10 years lawfully in the UK, during which one or a combination of the following applied:

• the applicant had permission, except, as a Visitor, Short-term Student (English language), or Seasonal Worker (or any of their predecessor routes) or under the Appendix Ukraine Scheme
• the applicant was exempt from immigration control
• the applicant was in the UK as a European Economic Area (EEA) national, or the family member of an EEA national, exercising treaty rights in the UK prior to 31 December 2020

The following period of stay will not count towards the qualifying period of 10 years to qualify for ILR based on 10 years long residence:

• Time spent on immigration bail, temporary admission, or temporary release do not count towards the qualifying period for the long residence route.
• No periods of overstaying (disregarded or otherwise) are included in the calculation of the continuous residence for the qualifying period.
• No periods of exceptional assurance between 1 September 2020 and 28 February 2023 are included in the calculation of the continuous residence for the qualifying period. However, any extensions of leave granted under the Coronavirus extension concession and the following grace period (covering 24 January to 31 August 2020) count toward the qualifying period requirement.
• Even though they form part of the common travel area, time with permission spent in the Republic of Ireland or the Crown Dependencies (the Isle of Man and the Channel Islands) does not count in the calculation of the qualifying period for the purposes of long residence.

Paragraph CR 6.1. of Appendix Continuous Residence sets out that the continuous residence periods will be calculated by counting back from the relevant date. This means that an applicant cannot rely on a historic 10-year qualifying period, outside of the limits defined in CR 6.1.

The applicant must also have been on their current immigration route for at least 12 months on the date of application or have been exempt from immigration control within the 12 months immediately before the date of application. The period of permission does not need to have been for 12 months or longer, as long as the person has been on the same route for at least 12 months.

This requirement does not apply where the applicant’s current permission was granted before 11 April 2024.

You must have completed the qualifying period by the date of decision on the ILR application to qualify for ILR based on 10 years long residence. If you apply too early and the decision is made more than 28 days before completing 10 years long residence, your application for ILR may be refused. 

Yes, you can apply for ILR based on 10 years long residence 28 days before completing 10 years long residence. 

Any periods of time with permission in any of the following routes, are not counted in the qualifying period for the purposes of long residence and will break continuous residence for the purposes of the qualifying period for long residence:

• any category of visitor granted under ‘Appendix V: Visitor’ of the Immigration Rules
• short-term student granted under ‘Appendix Short-term Student’ of the Immigration Rules
• seasonal worker granted under ‘Appendix Temporary work – Seasonal Worker’ of the Immigration Rules
• any grant under the Ukraine Scheme

No. Time spent with entry clearance or permission as a visitor does not count in the qualifying period. This includes time granted under Appendix V: Visitor (the current visitor rules) and any previous visitor rules (such as paragraph 40 of Part 2 of the Immigration Rules).

No. Time spent with entry clearance or permission as a short-term student does not count in the qualifying period. This includes time granted under Appendix Short-term Student (English language), the current short-term student rules, and any previous short-term student rules (such as paragraphs A57A to A57H of the Immigration Rules).

Yes. Any time spent in the UK with permission under any other student route (such as Appendix Student or Tier 4) does count in the qualifying period, even if the permission is granted for a short time.

No. Time spent with entry clearance or permission under the Ukraine Scheme does not count toward the qualifying period. This includes grants under now closed routes such as the Ukraine Family Scheme.

No. Time spent with entry clearance or permission as a seasonal worker does not count in the qualifying period. This includes time granted under Appendix Temporary Work – Seasonal Worker (the current seasonal worker rules) and any previous seasonal worker rules (such as paragraphs 104-109 of Part 4 of the Immigration Rules, and paragraphs 245ZM to 245ZP of the Tier 5 (Temporary Worker) rules).

Permission on a route that counts toward the qualifying period requirement, which is extended by virtue of section 3C of the Immigration Act 1971, counts as lawful presence for the purposes of long residence. However, where a person has had permission on a route specified in paragraphs LR 3.1(a) and LR 11.1(a) as excluded from being counted toward the qualifying period requirement, and has subsequently made an in-time application, thereby extending that permission by virtue of section 3C of the Immigration Act 1971, the period of extended permission is also excluded from being counted toward the qualifying period requirement.

Section 3C(1)(c) of the Immigration Act 1971 refers to the decision on an in-time application, which is concluded before their extant permission expires. It does not refer to the conclusion of any subsequent administrative review or appeal.

Yes. Time spent in the UK is counted towards 10 years long residence when a person has previously spent time in the UK with a right to reside under the Immigration (European Economic Area Regulations 2006 (the EEA Regulations)), whilst the Regulations were still in force in the UK.

Sufficient evidence must be provided to demonstrate that the EEA national has been exercising treaty rights throughout any period that they are seeking to rely on for the purposes of meeting the long residence rules.

Yes. Time spent in the UK as a British citizen must be counted in the qualifying period. People may have spent time in the UK as a British citizen and since renounced their British citizenship or were deprived of British Citizenship. This time spent as a British citizen in the UK would still count in the qualifying period for 10-year long residence applications.

Time spent in the UK, exempt from immigration control, is counted in the qualifying period for 10-year long residence for applicants who are or have previously been exempt from immigration control. People exempt from immigration control include diplomats and members of the armed forces.

A person who applies for leave while still exempt must be told that there is no power to grant them leave, but that, if they apply when they cease to be exempt, their application will be considered.

Deemed leave is 90 days of permission given to diplomats once their period of exemption from immigration control ends.

By the end of the 90 days, the person must either:

• apply for permission
• depart the UK

A person with deemed leave does not receive an endorsement in their passport. If a person applies to extend their stay in the UK within 90 days of their exemption ending and is granted a period of permission, their continuous residence is not broken.

If a person remains in the UK and does not apply for further permission within the 90 days described above, their continuous residence is broken.

A person who has already completed 10 years of continuous and lawful residence can apply for Indefinite Leave to Remain (ILR) during the 90-day period of deemed leave. 

Former members of the armed forces will normally be granted 28 days' leave outside the Immigration Rules upon ceasing to be exempt upon discharge.

By the end of the 28 days, the person must either:

• apply for permission
• depart the UK

A former member of the armed forces will have an endorsement in their passport. 

If a person applies to extend their stay in the UK within 28 days of their exemption ending and is granted a period of permission, their continuous residence is not broken. If a person remains in the UK and does not apply for further permission within the 28 days described above, their continuous residence is broken.

A person who has been granted 28 days leave after discharge from Armed forces and who has completed 10 years of continuous and lawful residence, including any period exempt from immigration control, can apply for Indefinite Leave to Remain (ILR) based on 10 years long residence, during the 28 days leave granted upon ceasing to be exempt on discharge. 

The following periods will break the continuous residence:

• immigration bail, temporary admission, and temporary release
• permission under the Appendix Ukraine Scheme, as a Visitor, Short-term Student (English language) or Seasonal Worker (or any of their predecessor routes)
• overstaying, which is not disregarded

The following periods will not break continuous residence:

• overstaying, which is disregarded
• time spent in the common travel area

Continuous residence is the time you’ve spent in the UK without gaps. For time spent in the UK from 11 April 2024, you can leave the UK during the continuous residence for up to 180 days in any 12 month period.

Under the transitional arrangements, if you spent time abroad before 11 April 2024, the applicant must not have:

• spent a total of more than 548 days outside the UK during their qualifying period, where that 548-day total was reached before 11 April 2024; and
• been outside the UK for more than 184 days at any one time during their qualifying period, where that absence started before 11 April 2024.

Only periods of time abroad that started before 11 April 2024 count towards the 548 days.

When calculating the period of absence, any period spent outside the UK will not count towards the period of absence where the absence was for any of the following reasons:

• the applicant was assisting with a national or international humanitarian or environmental crisis overseas, providing, if on a sponsored route, their sponsor agreed to the absence for that purpose; or
• travel disruption due to natural disaster, military conflict or pandemic; or
• compelling and compassionate personal circumstances, such as the life-threatening illness of the applicant, or the life-threatening illness or death of a close family member; or
• research activity undertaken by a Skilled Worker, which was approved by their sponsor,r and where the applicant was sponsored for a job in one of the following SOC 2020 occupation codes:
  • 2111 Chemical scientists
  • 2112 Biological scientists
  • 2113 Biochemists and biomedical scientists
  • 2114 Physical scientists
  • 2115 Social and humanities scientists
  • 2119 Natural and social science professionals not elsewhere classified
  • 2161 Research and development (R&D) managers
  • 2162 Other researchers, unspecified discipline
  • 2311 Higher education teaching professionals; or
• research activity undertaken by a person on the Global Talent route who was endorsed by:
  • The Royal Society; or
  • The British Academy; or
  • The Royal Academy of Engineering; or
  • UKRI; or
• research activity undertaken by a person on the Global Talent route who qualified on the basis of a prize listed in table 6 of Appendix Global Talent: Prestigious Prizes; or
• for an applicant under Appendix Settlement Family Life, absences for work, study or supporting family overseas, so long as the family have throughout the period of absence maintained a family life in the UK and the UK remained their place of permanent residence; or
• where the applicant’s partner is absent from the UK on Crown service as:
  • a regular member of HM Armed Forces (the Royal Navy, the Royal Marines, the Army (including the Brigade of Gurkhas) and the Royal Air Force); or
  • an employee of the UK Government, a Northern Ireland department, the Scottish Administration or the Welsh Government; or
  • a permanent member of the British Council,
    and the applicant accompanies them overseas.

Unless an exemption applies, applicants are required to meet the English language requirement at level B1 or above, in listening and speaking only. The requirements for demonstrating that applicants meet this English language requirement are outlined in the Appendix English Language. 

Unless an exemption applies, applicants must meet the Knowledge of Life in the UK requirement as set out in Appendix KOL UK. 

Yes. You can apply for Indefinite Leave to Remain (ILR) based on 10 years long residence through Super Priority Service to get a decision on your ILR application within 24 hours. 

Yes. If you have a pending application with the Home Office UKVI and you have completed the 10 years qualifying period for ILR based on 10 years long residence, you can vary your pending application with a new application based on 10 years long residence, and thus qualify for ILR. 

Also, if you submitted your ILR 10 years long residence application through standard service, you have the option to vary your pending application with a new ILR 10 years long residence application through Super Priority Service to get a decision on your new application within 24 hours.  

To apply for ILR based on 10 years long residence, you should complete the application form SET (LR), and to apply for extension of stay for 2 years based on 10 years long residence, you should complete the application form FLR(LR). 

No. You do not need to meet the English language and Life in the UK test requirements to apply for extension of stay for two years based on 10 years long residence. 

You can challenge the refusal of your 10 years long residence application by filing an appeal against the refusal decision if you have been granted an in-country right of appeal. An appeal against the refusal of 10 years long residence application is filed with the First Tier Tribunal (FTT) within 14 days of the refusal decision. 

Our specialist team of appeal lawyers can provide expert legal services to challenge the refusal of 10 years long residence. Our long-residence solicitors have extensive knowledge, experience and an excellent track record of success for challenging refusals of long-residence applications.