If you have lived in the UK legally for at least ten years, you can be considered for Indefinite Leave to Remain(ILR) based on long residence. This category is most appropriate where an individual has had various types of visa status throughout their stay, as all time will be counted towards the 10-year requirement irrespective of the visa category.

Before you reach out to a licensed lawyer or solicitor for Indefinite Leave to Remain, let’s understand the requirements or eligibility criteria for the long residence ILR.

Let’s First Understand the Key Requirements for Long Residence ILR in 2024 –

Continuous Lawful Stay for 10 Years – You must show that you have been lawfully and continuously resident in the UK for a minimum of 10 years with no gaps; by this, we mean residence under different immigration categories or through a combination of other visas.

Note that the periods spent on a Standard Visitor visa, Short-term study visa, Seasonal Worker visa, immigration bail, temporary admission, or while a visa over-stayer do not count towards the 10 years. Periods spent in prison, young offenders’ institutions, or secure hospitals are not counted as part of the continuous residence period.

Absence Limits  – The Home Office is hot on keeping records of the number of days you have been away from the UK over the whole period of 10-year continuous residence. That changes from 11 April 2024, for a new rule bans you from staying outside the UK for visits for more than 180 days in any 12 months. Different absence thresholds apply for absences before this date:

Any single absence initiated prior to April 11, 2024, shall not exceed 184 days. For 10 years with full implementation before April 11, 2024, your maximum total days of absence will be 548, with no overages. If your 10-year period includes time after April 11, 2024, the absences counted for any 12-month period after this date won’t affect your total until you exceed 180 days.

English Language Proficiency – You must be able to prove language ability in English at a certain level, by one of the following means:

• You pass an approved Secure English Language Test (SELT) at CEFR level B1, B2, C1, or C2.
• You must hold a degree taught or researched entirely in English.
• Being a national of an English-speaking country exempt from the requirement.

This requirement is waived if you are under 18 or over 65.

Life in the UK Test – As part of applying for ILR, you must pass the Life in the UK test, with which your knowledge of British culture, history, tradition and way of life should be checked.

Current Validity of Visa – You must have had your current visa or leave to remain for at least one year before making an application for ILR through the long residence route.

Also, you must have no grounds for refusal, including criminal conviction and breaching previous immigration conditions. 

What are the Proof of Continuous Residence 

You must provide evidence demonstrating a 10-year continuous presence in the UK to support your application. These may cover:

• Passports and travel documents
• Biometric Residence Permits
• Travel tickets to the UK
• Rental agreements or mortgage statements
• Utility bills and bank statements.
• Employment contracts or education records.

Note  – If you don’t have all the information to calculate the time you have spent in the UK, a Subject Access Request may be submitted to the Home Office to obtain documents proving your immigration and travel history. 

When to Apply for this Long Residence ILR?

You can make an application up to 28 days before you meet all the eligibility criteria. However, timing is also essential during the application. If you apply too early, you could get a refusal. Therefore, in this case, it’s best that you confidently pass the 10-year continuous residence threshold. If you have not passed the ‘Life in the UK’ test, it is still possible to apply for an extension of 2 years if all other requirements are fully satisfied; this must be completed at the end so that you will be able to apply for ILR. 

Bottom Line

The pathway leading to long residence is tricky; therefore, you need an indefinite leave to remain solicitor for the right advice so that your application is well-packaged and forwarded.

At Intime Immigration Solicitors, we specialise in UK Visa and Settlement cases. Our accomplished immigration solicitors provide a free, no-obligation visa assessment. You can contact our experienced lawyers and solicitors for free immigration advice.

Our certified immigration experts can help you with Indefinite Leave to Remain in Manchester, UK or other types of visa needs.Call us for a no-obligation assessment.