About the Abolition of the 10 Year Long Residence Route to Indefinite Leave to Remain
The government published its plans to change the requirements for obtaining Indefinite Leave to Remain in the UK (ILR, also known as settlement) to a new system called “earned settlement”. These changes will result in the standard qualifying time for obtaining Indefinite Leave to Remain to increase to 10 years, subject to various factors which will either increase or decrease the qualifying period. For further information, please see our blog regarding these proposed changes here.
One little reported outcome of the proposed changes is that in the consultation document, the government has stated that there will no longer be a separate long residence route to obtain Indefinite Leave to Remain. The consultation document states that the purpose of the existing long residence route will be superseded by arrangements in which the baseline qualifying period for settling in the UK is adjustable for considerations relating to contribution and integration.
What is the Long Residence route to ILR?
The current Long Residence route enables a person with 10 continuous and lawful years of residence in the UK to apply for Indefinite Leave to Remain. The continuous and lawful residence can be made up of time spent in the UK with permission to stay under different routes, with the exception of permission as a Visitor, Short-term Student (English language), Seasonal Worker or under the Ukraine Scheme. This is particularly useful for applicants who have switched between various different routes during the last 10 years and who currently have permission to stay in the UK on a route that does not itself lead to Indefinite Leave to Remain, e.g. a Graduate Visa. Time spent in the UK whilst exempt from immigration control or in the UK as an EEA national or their family member exercising their right to reside prior to the relevant dates also counts.
The government proposals state that under the new rules, in order to meet the qualifying period requirement, the applicant will need to have spent the required period of time in the UK in a route, or routes, that leads to settlement. The suggestion is that routes that can currently be relied upon to count towards the 10 years on the Long Residence route which do not themselves lead to settlement (such as graduate leave or student leave), can no longer be relied upon under the new scheme. Individuals who have already completed 10 years continuous lawful residence or are shortly about to, and who have periods of leave on routes which do not themselves lead to settlement such as student leave, may be well advised to seek legal advice about making an application now.
It is still possible to qualify under the 10 Year Long Residence route even where there are some gaps in lawful residence depending on the length of the gap, when it took place and whether further permission to stay was granted. The rules regarding gaps in lawful residence are complex and we would advise you to seek legal advice should you have any gaps in your residence. It is also possible to apply up to 28 days before the 10 year qualifying period has been met and still meet the residence requirement.
How we can help with your settlement application
At the moment, it is unclear when the 10 Year Long Residence route will be abolished but the new government proposals could be implemented as early as April 2026. If you think that you are likely to qualify for settlement under this route either currently or within the next few months, we would strongly advise you to seek legal advice soon as possible. We would be delighted to discuss with you how we can assist you with your application.
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