ILR 10 Year Long Residence Solicitors

Under the Long Residence route, applicants generally need:
10 years of continuous lawful residence in the UK, Compliance with immigration laws throughout the qualifying period, Meeting the KOLL requirements (unless exempt), Satisfy the suitability requirements under the Immigration Rules

The 10-year qualifying period is calculated by counting backwards from the intended date of application. Applicants must carefully review their immigration history, visa grants, visa expiry dates, and absences from the UK to ensure they meet the continuous residence requirements. Legal advice is often recommended where there have been multiple visa categories or periods spent outside the UK.

The rules changed significantly on 11 April 2024, meaning the way absences are assessed now depends on when those absences occurred. The previous Long Residence rules continue to apply to these absences.
 
You must not have:
spent more than 548 days outside the UK in total during the part of your qualifying period before 11 April 2024; or
been outside the UK for more than 184 consecutive days on any single absence that started before 11 April 2024.
 
These are transitional rules designed to preserve the previous Long Residence requirements.
If your absences started on or after 11 April 2024. The rules are different.
 
There is no overall limit in the total number of days you may spend outside the UK. Instead, you must not spend more than 180 days outside the UK in any rolling 12-month period.
 
This is a rolling assessment rather than a fixed calendar year, meaning every 12-month period during your qualifying residence can be examined.

Appendix Continuous Residence recognises that certain absences should not count towards the permitted 180-day limit. These exceptions can be crucial and, in some cases, may make the difference between a successful and unsuccessful Long Residence application.
 
Absences may be disregarded where they were caused by exceptional circumstances beyond the applicant’s control, including (but not limited to):
 
travel disruption caused by a natural disaster, military conflict or pandemic (including Covid-19);
compelling or compassionate personal circumstances, such as the applicant’s life-threatening illness or the life-threatening illness or death of a close family member
Accompanying a partner on Crown service overseas ; and
other circumstances recognised under Appendix Continuous Residence where the applicant was prevented from returning to the UK as planned.
 
If any of your absences exceeding the permitted limit arose for one of these reasons, it may be possible for the Home Office to disregard those absences when assessing whether you have maintained continuous residence. It is essential to provide clear documentary evidence demonstrating both the reason for the absence and why it fell within one of the recognised exceptions.

You can apply for Indefinite Leave to Remain under the Long Residence route once you have completed the required 10 years of continuous lawful residence in the UK. It is important to ensure that you meet all eligibility requirements before submitting your application, including the continuous residence and lawful residence requirements.
 
As long residence applications often involve complex immigration histories and detailed calculations of qualifying residence, seeking legal advice with an ILR 10 Year Long Residence Solicitor before applying is advisable.

The fee is currently £3,226 but please note that the Home Office application fee for ILR is subject to change and applicants should check the latest fee before submitting an application. Additional costs may Super Priority processing fees, legal fees, English language tests, and the Life in the UK Test.

Any period spent in the UK as a visitor, on a short -term student, Ukraine scheme and seasonal worker cannot be counted towards your lawful residence in the UK.

Common reasons for refusal include:
– Excessive absences from the UK
– Breaks in lawful residence
– Periods of overstaying
– Failure to meet the continuous residence requirements
– Inaccurate or incomplete travel records
– Failure to meet the English language or Life in the UK Test requirements
– Suitability concerns, including criminal convictions or adverse immigration history.
 

To minimise the risk of refusal, applicants should ensure that:
Their qualifying period has been correctly calculated
Their travel history is accurate and complete
All supporting documents are provided
Any periods of overstaying or gaps in residence are fully explained
The application is professionally reviewed before submission
Obtaining specialist legal advice can help identify and address potential issues before an application is lodged.

Possibly. Whether an applicant can qualify despite a period of overstaying will depend on the specific facts of the case, including when the overstaying occurred, its duration, and whether any exceptions under the Immigration Rules apply. Some periods of overstaying may break continuous lawful residence, while others may not. Professional legal advice should be sought to assess eligibility.