Indefinite leave to remain if you’ve been in the UK for 10 years (long residence)

Continuous residence

Continuous residence is the time spent in the UK without any significant periods of absence. You can leave the UK for up to 6 months at any one time, but no more than 18 months in total (or 540 days) during the qualifying period without affecting your continuous residence. In addition, you will need to have valid leave both when you leave the UK and when you return however the existing leave does not have to be in the same category on departure and return.

You will also have a break in your residence if at any time during the period relied upon you:

• Were removed or deported from the UK;
• Evidenced a clear intention not to return to the UK on leaving;
• Left the UK with no reasonable expectation of being able to return lawfully;
• Were sentenced to a period of imprisonment (not suspended) or directed to be detained;

For the purpose of calculating time spent outside the UK for the long residence rules, a month constitutes 30 calendar days and you only have to count full days out of the country, not days spent travelling.

If the applicant has been absent from the UK for more than 6 months in one period or more than 18 months in total, the application would normally be refused. However, it may be appropriate to exercise discretion over excess absences in compelling or compassionate circumstances, for example where the applicant was prevented from returning to the UK through unavoidable circumstances. In this case, a decision should be made by a senior executive officer (SEO) with a grant of leave outside the Immigration Rules being the appropriate outcome.

Things for the Home Office caseworker will consider when assessing if the absence was compelling or compassionate are:

• For all cases, they will consider whether the applicant returned to the UK within a reasonable time once he was able to do so,
• For a single absence of over 180 days they should consider:
  • how much of the absence was due to compelling circumstances and whether the applicant returned to the UK as soon as they were able to do so and
  • the reasons for the absence
• For overall absences exceeding 540 days in the 10 year period, they should consider:
  • whether the long absence (or absences) that pushed the applicant over the limit happened towards the start or end of the 10 year residence period, and how soon they will be able to meet that requirement,
  • if the absences were towards the start of that period, the person may be able to meet the requirements in the near future, and so could be expected to apply when they meet the requirements,
  • however, if the absences were recent, the person will not qualify for a long time, and so Home Office case worker should consider whether there are particularly compelling circumstances

All of these factors must be considered together when determining whether it is reasonable to exercise discretion.

Continuous residence is broken if an applicant receives a custodial sentence by a court of law and is sent to: prison, a young offender institution or a secure hospital.

Continuous residence is not broken if an applicant receives a suspended sentence from a court of law. It is also important to note that time spent on remand awaiting trial does not break continuous residence.

English Language and Life In the UK

If you’re aged 18 to 65 years old, you must pass the Life in the UK Test and prove you have sufficient English language skills by either providing an English qualification at B1 CEFR level or a degree taught or researched in English. You do not need to prove your knowledge of English in certain circumstances for instance when you are under 18 or over 65 or you are from a majority English-speaking countries.

Application process, cost and timeframe

The application will have to be completed online and you will also need to pay £2,389 for the Home Office application fee.

The earliest you can make the application under the 10 year rule is 28 days before completing the qualifying period. Early application received more than 28 days before the applicant completes the required qualifying period will be refused and the application fees will not be refunded. However, the applicant can reapply once they have completed their qualifying period.

As part of your application process, you will be required to make an appointment at a UK Visa and Citizenship Application Services (UKVCAS) service point to submit your biometric information (a scan of your fingerprints and a digital photograph of your face) for which there is an additional fee.

In support of your application, you will have to submit evidence of your immigration status and lawful residence in the UK during the qualifying period. You can either upload your supporting documents into the UKVCAS platform before attending your appointment or get them scanned for a fee when attending the said appointment.

A standard application for long residence will be processed within 6 months however you can get a fast decision in matter of days if you pay the super priority service.

Once you have been granted indefinite leave to remain on grounds of long residence, you will be free from any immigration time restrictions. You will not lose your indefinite leave to remain unless you are absent from the UK for more than two years or commit a serious offence.

Dependents family members

You cannot include your family members (partner and/or child) as dependants in your application; they can apply separately if they’re eligible; otherwise and depending on your circumstances, they may have to switch into a different category of the Immigration Rules, such as the Spouse or Civil Partner or Child of a settled person.