What do recent changes to the Immigration Rules mean for applications for indefinite leave to remain based on 10 years’ continuous lawful residence in the UK?
Appendix Long Residence came into force on 11 April 2024 and has made some further changes affecting who can apply for indefinite leave to remain on this route, following on from various changes made last year.
It has long been possible to apply for indefinite leave to remain based on 10 years’ continuous lawful residence. Some of the recent changes make applications more difficult but some of the changes are more generous than the previous rules.
What makes up the continuous 10 year period?
The 10 year continuous period can be made up of most forms of permission except permission as a visitor, short-term student (English language) or seasonal worker (including the predecessor routes to those now in place). It can include time spent in the UK exempt from immigration control and it includes time spent exercising rights of free movement under European law before Brexit (under the Immigration (European Economic Area) Regulations 2016). It can also include time spent awaiting a decision on in-time immigration applications and application. However, it cannot include time spent in the UK on immigration bail or temporary admission.
Can I have absences from the UK during the 10 year period?
The rules about absences from the UK have changed significantly and absences are now considered with reference to Appendix Continuous Residence. For applications made under the new rules any absence beginning before 11 April 2024 of over 184 days will break continuous residence. Absences beginning on or after 11 April 2024 cannot normally exceed a total of 180 days in any 12 month period although there is scope for some absences not to be counted, e.g. where the absence was due to travel disruption due to a pandemic or due to compelling and compassionate circumstances such as the life-threatening illness of the applicant or life-threatening illness or death of a close family member.
The new absence provisions for absences beginning from 11 April 2024 (180 days in any 12 month period) are significantly more generous than under the previous rules where absences of more than 548 days in total over the 10 year period normally broke continuity.
Can I rely on a historic period of 10 years’ lawful residence in the past?
It used to be possible to make an application based on a historic period of 10 years’ lawful residence but unfortunately Appendix Long Residence has put an end to that.
What if I have overstayed during the 10 year period?
There is some limited provision to overlook short periods of overstay but only in certain circumstances. If periods of overstaying fall to be overlooked (this is a complex area and we recommend taking advice before applying) the periods will not be counted towards the 10 year period of continuous residence.
What breaks continuous residence?
Absences in excess of those detailed above will break continuous residence as will time in the UK without permission (unless covered by the overstay provisions mentioned above). Time spent outside the UK where the applicant had permission when they left the UK and returned to the UK with valid permission (on the same or another route) will not break continuity provided the time away falls within the allowed absences. Time spent in prison or subject to a deportation order will break continuous residence.
When can I apply?
You can normally apply up to 28 days before completing the 10 year continuous period although Appendix Continuous Residence provides that the period will be calculated by counting back from whichever is most beneficial to the applicant of the date of application, any date up to 28 days after the date of application or the date of decision. This could be helpful for some applicants. Also, but only if the applicant’s most recent permission was granted on or after 11 April 2024, the applicant must have had permission on their current immigration route for at least 12 months before they can make an application.How can we help?
OTB Legal offers a free initial assessment and members of our Personal Immigration Team would be happy to advise you about making an application for ILR based on 10 years’ continuous and how the new rules might affect you.