The 10-year Indefinite Leave to Remain (ILR) route is for migrants who have lived in the UK for ten years or more. This option allows people to stay in the UK permanently if they meet certain requirements. However, applying for ILR through the 10-year-long residence route can be tricky, and not everyone qualifies. If you’re thinking about applying, it’s a good idea to seek advice from a specialist immigration lawyer to ensure you meet the criteria.
What Are the Eligibility Requirements for ILR After 10 Years?
To be eligible for ILR through the 10-year-long residence route, you must meet the following requirements:
- Continuous Lawful Residence: You must have lived in the UK legally for at least 10 years without significant breaks.
- No Harm to Public Good: Granting you ILR should not negatively affect the public.
- Language and Knowledge Requirements: You must pass the Life in the UK test and meet the English language requirements.
- Good Conduct: You must not have any criminal convictions or other issues that would disqualify you.
- Overstay Exceptions: Any overstays (staying in the UK after your visa expired) for 28 days or less before 24 November 2016 will not be counted as a break in your residence. Overstaying after 24 November 2016 may still count, but if leave was granted under specific rules, it might not affect your application.
What is ‘Continuous Residence’?
“Continuous residence” means you’ve lived in the UK without long breaks. The Immigration Rules say your residence won’t be broken if you are absent from the UK for six months or less at a time. However, your continuous residence will be broken if:
- You’ve been deported or removed from the UK.
- You left the UK with the intention not to return.
- You spent more than 18 months (or 540 days) outside the UK during the 10-year period.
If you spent more than 18 months outside the UK, the Home Office will look at your reasons for leaving and decide whether to make an exception in your case. For example, if you had to leave for medical or family reasons, this could be taken into account.
What is ‘Lawful Residence’?
To qualify for ILR under the 10-year route, your time in the UK must have been lawful. “Lawful residence” means that you had valid permission to stay in the UK at all times during the 10 years. This could include:
- Having a visa or leave to remain.
- Being allowed to stay temporarily while waiting for a decision on your visa.
- Being granted an exemption from immigration control.
If there were any periods when you were unlawfully in the UK (e.g., overstaying your visa), this could break your continuous residence. However, short periods of overstaying (less than 28 days before 24 November 2016) may be overlooked.
If you overstayed after 24 November 2016, you must have been granted leave under certain rules to avoid disqualifying your application.
Tips for Applying for ILR After 10 Years
Here are some tips that can help you during the ILR application process:
- Keep Records: Make sure you have clear records of your time in the UK. This includes visa extensions, changes in your visa status, and any periods you spent outside the UK.
- Address Gaps: If you had short periods of overstaying, explain the reasons clearly and show that you were permitted to stay when required.
- Consult a Lawyer: Given the complexity of the rules, it’s best to seek professional legal advice to make sure you meet all requirements.
To apply for ILR after 10 years of residence in the UK, you must meet two key criteria: continuous residence and lawful residence. If you have any periods of overstaying or long absences from the UK, it’s important to address these in your application. Some exceptions could help in your case, and an experienced immigration lawyer can guide you through the process and improve your chances of success.
If you need help with your ILR 10-year application, Law and Visas can provide expert advice and support. Contact us today for professional guidance tailored to your situation.
