If you’ve lived in the UK for 10 years or more, you might be eligible to apply for Indefinite Leave to Remain (ILR), also known as permanent settlement. While most people apply for ILR after living in the UK for 5 years on a qualifying visa, the 10-year-long residence route offers a path for those who haven’t held a qualifying visa. This guide explains the rules, eligibility, and process for applying under this route.
What is the 10-Year Long Residence Route to ILR?
The 10-year-long residence route allows individuals who have lived lawfully in the UK for 10 years to apply for Indefinite Leave to Remain (ILR). With ILR, you can live, work, and study in the UK without restrictions, and you may also be able to access benefits that were not available to you before.
This route is helpful for people who have lived in the UK on visas that don’t count toward settlement, such as student visas, or for those who have changed visa types during their stay. If you switched from one type of visa to another, your settlement clock may have been reset, but the 10-year route can still offer a chance to apply for ILR.
Eligibility Criteria for the 10-Year Long Residence ILR
To qualify for ILR through the 10-year residence route, you must meet the following requirements:
- Continuous and lawful residence: You must have lived in the UK lawfully for at least 10 years without spending too much time outside the country. You can’t have been outside the UK for more than 180 days at a time or 540 days total during the 10 years. Long absences or a prison sentence will break your continuous residence.
- Valid immigration leave: Throughout the 10 years, you must have had a valid visa or immigration status. This includes temporary permission like immigration bail or diplomatic status, as long as you are not overstaying.
- English language requirement: You need to show you meet the English language requirements. This can be done by passing an approved English language test at CEFR level B1 or higher.
- Life in the UK test: You must pass the Life in the UK test, which assesses your knowledge of British history, culture, and everyday life.
- No grounds for refusal: You should not have any criminal record or issues that could prevent your application, such as breaching immigration rules.
Key Points About Continuous Residence
- Continuous residence means you must have lived in the UK without breaking your time spent here. Long trips abroad or periods in prison can break your continuity. Time spent in Ireland, the Isle of Man, or the Channel Islands does not count.
- Overstaying your visa can break continuity, though there are some exceptions. For example, overstaying by less than 28 days before 24th November 2016 may not count against you, as long as you get a new visa under the 39E rule.
How to Apply for the 10-Year Long Residence ILR
You can apply for ILR under the 10-year-long residence route up to 28 days before completing the full 10 years. Applying too early could result in refusal, so it’s best to check your timeline with an immigration lawyer before applying.
Here’s how to apply:
- Complete the online application: Apply through the UKVI website. The application fee is £2,404, but you don’t need to pay the healthcare surcharge, as you’ll have full NHS access once granted ILR.
- Biometric appointment: You’ll need to attend an appointment at a local UKVCAS service point for fingerprinting and photo capture (biometrics).
- Documents: Submit documents proving your eligibility, such as your passport(s), biometric residence permit (BRP), and evidence of your residence in the UK for the past 10 years.
- Decision timeframe: Normally, you’ll receive a decision within 6 months. If you need a faster decision, you can pay an extra fee of £800 for the super-priority service, which gives you a decision by the next working day.
Important Changes in the Rules
Recent changes have clarified how time spent in certain situations counts toward the 10 years:
- Overstayers (39E): Time spent as an overstayer under paragraph 39E won’t “reset” the clock for your ILR, but it also won’t break your continuous residence.
- Certain visa types: From 13th April 2023, time spent in the UK as a Visitor, Seasonal Worker, or Short-Term Student will not count toward the 10-year qualifying period. However, this will not break your continuous residence—it just means you’ll need to wait longer before applying.
The 10-year-long residence route is a great option for those who have lived in the UK for many years but didn’t hold the right type of visa for ILR. If you meet the requirements for continuous and lawful residence, passing the English language test, and the Life in the UK test, you could be on your way to permanent settlement in the UK.
Remember, calculating your continuous residence and gathering the correct documents is crucial for your ILR application. A small mistake could lead to a refusal. If you’re unsure about your eligibility or need help with your application, Law and Visas can guide you through the process, ensuring you submit a strong application for a successful outcome.
