You can apply for ILR - 10 years long residence by completing and submitting the SET (LR) application online after you have lived in the UK continuously and lawfully for 10 years. The applicant for ILR 10 years long residence is required to meet the eligibility requirements as set out in paragraph 276B of the Immigration Rules. For the purposes of ILR under the 10 years long residence category, the residence in the UK must be both continuous and lawful for the applicant to succeed in his/her ILR application.

Once an applicant has built up a period of 10 years of continuous lawful residence, there is no limit on the length of time afterwards when they can apply for ILR on the basis of 10 years of residence. This means they could leave the UK, re-enter on any lawful basis, and apply for Indefinite Leave to Remain (ILR) from within the UK based on a 10-year period of continuous lawful residence they built up in the past. There is also nothing to prevent a person from relying on a 10-year period that they may have relied on in a previous application or grant. You can apply for an ILR 10-year-long residence application through Super Priority Service for a decision on your ILR application within 24 hours.

Free Immigration Advice For ILR 10 Years Long Residence

Our specialist team of immigration solicitors can provide one-off free immigration advice online in relation to your application for ILR on the basis of 10 years long residence. Ask a question to our specialist team of ILR solicitors for free immigration advice online or book an appointment online for detailed immigration advice with our specialist ILR solicitors for your application for ILR on the basis of 10 years long residence. 

 

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Specialist Solicitors For ILR 10 Years Long Residence

Our expert team of long residence solicitors specialise in ILR application on the basis of long residence. As long residence specialists lawyers, our long residence solicitors have a wealth of knowledge and experience in successfully dealing with hundreds of ILR applications on the basis of 10 years of residence. As specialist ILR solicitors, we can prepare and submit your ILR application through Super Priority Service for a decision on your ILR application within 24 hours.

Premium Solicitors are specialist UK immigration solicitors and the high quality of UK visa and immigration legal services provided by our best team of fully qualified and experienced immigration solicitors is self-evident from the 5-star Google Reviews rating by 99% of our clients.

Super Priority Service For ILR 10 Years Long Residence

As specialist immigration solicitors for SET (LR) applications, we are registered with the Home Office, UK Visas & Immigration (UKVI) and its commercial partners UKVCAS Sopra Steria to provide Super Priority Service for ILR on the basis of 10 years long residence whereby decision on your ILR application will be made within 24 hours if you submit your ILR application through Super Priority Service.

Our long residence Solicitors can prepare and submit your ILR 10 years long residence application faster and get you a decision on your ILR application faster through Super Priority Service. This way, you will not have to wait for the decision on your ILR application for months (sometimes years).

One-Off Service For Submission Of Your ILR Application Through Super Priority Service

Our specialist team of fast-track immigration solicitors can provide a one-off service to submit your completed ILR application through Super Priority Service so that you get a decision on your ILR application within 24 hours.  We will submit your ILR application through Super Priority Service based on no submission, no fee, which means if we fail to submit your ILR application through Super Priority Service within 48 hours of fees being paid to us, we will issue the full refund of the fees paid to us, without any deductions. 

We will act for you under a Conditional Fee Agreement (CFA), under which we will issue a full refund of the fees paid to us, without any deductions if we fail to submit your ILR application through Super Priority Service within 48 hours of payment being made.

If we successfully submit your ILR application through Super Priority Service within 48 hours of receiving payment, we will charge a fixed fee of £250 + VAT (£300 including VAT) based on the conditional fee agreement (CFA) signed between you and us.

How To Apply For ILR On The Basis Of 10 Years Long Residence?

To apply for ILR on the basis of 10 years long residence, you should take the following steps:

  1. Complete the online application form SET (LR) on the UKVI website;
  2. Submit the completed ILR application online by paying the Home Office UKVI fees for the ILR application;
  3. Book your biometrics appointment with the UKVCAS by creating an account on the UKVCAS web portal;
  4. Upload all the supporting documents online before the biometrics enrolment appointment date;
  5. Attend your biometrics enrolment appointment. You should take your BRP card, your passport and your biometrics appointment letter with you when you attend your biometrics appointment;
  6. Wait for a decision on your ILR application, which will be made normally within 3 to 6 months if the application is made through standard service and within 24 hours if your ILR application is made through Super Priority Service.

What Are The Home Office UKVI Fees For ILR On The Basis of 10 Years Long Residence?

The Home Office UKVI fees for ILR on the basis of 10 years long residence is £2885 if you apply through standard service and £3885 if you apply through Super Priority Service. You do not have to pay the Immigration Health Surcharge (IHS) for your ILR application. 

What Are The Requirements For ILR On The Basis Of 10 Years Long Residence?

According to paragraph 276B of the Immigration Rules, the requirements to be met by an applicant for indefinite leave to remain on the grounds of long residence in the United Kingdom are:

10 years continuous lawful residence: The applicant must have had at least 10 years of continuous lawful residence in the United Kingdom.

Undesirability: Having regard to the public interest there should be no reasons why it would be undesirable for the applicant to be given indefinite leave to remain on the grounds of long residence, taking into account his:

  • age; and
  • strength of connections in the United Kingdom; and
  • personal history, including character, conduct, associations and employment record; and
  • domestic circumstances; and
  • compassionate circumstances; and
  • any representations received on the person’s behalf; and

General grounds for refusal: the applicant should not fall for refusal under the general grounds for refusal to succeed in his application for ILR on the basis of 10 years long residence.

Knowledge of English Language and Life in the UK: The applicant must have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL.

Not in breach of immigration laws: The applicant must not be in the UK in breach of immigration laws, except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded. Any previous period of overstaying between periods of leave will also be disregarded where:

  • the previous application was made before 24 November 2016 and within 28 days of the expiry of leave; or
  • the further application was made on or after 24 November 2016 and paragraph 39E of these Rules applied.

What Is Lawful Residence In The UK?

According to UK immigration rules, “lawful residence” means residence which is continuous residence pursuant to:

  • existing leave to enter or remain, except this cannot include time with entry clearance or permission under Appendix V: Visitor, Appendix Short-term Student (English language), or Appendix Temporary work – Seasonal Worker, or any relevant predecessor routes; or
  • an exemption from immigration control, including where an exemption ceases to apply if it is immediately followed by a grant of leave to enter or remain.

Also, “lawful residence” does not include time spent on immigration bail, temporary admission, or temporary release.

What Is Continuous Residence In The UK?

According to UK Immigration Rules, “continuous residence” means residence in the United Kingdom for an unbroken period, and for these purposes, a period shall not be considered to have been broken where an applicant is absent from the United Kingdom for a period of 6 months or less at any one time, provided that the applicant in question has existing limited leave to enter or remain upon their departure and return, but shall be considered to have been broken if the applicant:

  • has been removed under Schedule 2 of the 1971 Act, section 10 of the 1999 Act, has been deported or has left the United Kingdom having been refused leave to enter or remain here; or
  • has left the United Kingdom and, in doing so, evidenced a clear intention not to return; or
  • left the United Kingdom in circumstances in which he could have had no reasonable expectation at the time of leaving that he would lawfully be able to return; or
  • has been convicted of an offence and was sentenced to a period of imprisonment or was directed to be detained in an institution other than a prison (including, in particular, a hospital or an institution for young offenders), provided that the sentence in question was not a suspended sentence; or
  • has spent a total of more than 18 months absent from the United Kingdom during the period in question.

What Is Residence In The UK?

The UK consists of Great Britain and Northern Ireland. Time spent in the Republic of Ireland, Channel Islands or the Isle of Man does not count as residence in the UK for the purposes of long residence even though they form part of the Common Travel Area.

Events That Break Continuous Residence

Continuous residence is considered to be broken if the applicant has:

  • been absent from the UK for a period of more than 6 months (184 days) at any one time
  • spent a total of 18 months (548 days) outside the UK throughout the whole 10-year period
  • left the UK before 24 November 2016 with no valid leave to remain on their departure from the UK, and failed to apply for entry clearance within 28 days of their previous leave expiring [even if they returned to the UK within 6 months (184 days)]

Continuous residence is also broken if an applicant receives a custodial sentence by a court of law and is sent to:

  • prison
  • a young offender institution
  • a secure hospital

Any time the applicant spends in one of the above establishments does not count as continuous leave for the purposes of meeting 276A and 276D of the Immigration Rules. Any leave accumulated before sentencing will be disregarded and only residence after release from custody will be counted as continuous residence. 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.

Time Spent Outside The UK [Absences From The UK]

Continuous residence is not considered broken if the applicant:

  • is absent from the UK for 6 months (184 days) or less at any one time
  • had existing leave to enter or remain when they left and when they returned
  • departed the UK before 24 November 2016, but after the expiry of their leave to remain, and applied for fresh entry clearance within 28 days of that previous leave expiring, and returned to the UK within 6 months (184 days)

If the applicant had existing leave to enter or remain when they left and returned to the UK, the existing leave does not have to be in the same category on departure and return. For example, an applicant can leave the UK as a Tier 4 (General) student and return with leave as a spouse of a settled person. Continuous residence is not broken as the applicant had valid leave both when they left and returned to the UK.

If an applicant was in the UK with a right to reside under European Economic Area (EEA) regulations, continuous residence is not broken if they leave the UK and are then re-admitted under the EEA regulations.

f the applicant has been absent from the UK for more than 6 months (184 days) in one period or more than 18 months (548 days) in total, the application will normally be refused. However, the Home Office UKVI may 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.

Things the Home Office UKVI may consider when assessing if the absence was compelling or compassionate are:

  • for all cases – UKVI will consider whether the individual returned to the UK within a reasonable time once they were able to do so
  • for the single absence of over 184 days:
    • the UKVI will 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
    • the UKVI will also consider the reasons for the absence
  • for overall absences of 548 days in the 10-year period:
    • the UKVI will 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 the UKVI will consider whether there are particularly compelling circumstances

All of these factors will be considered together when determining whether it is reasonable to exercise discretion and grant the ILR application.

ILR 10 Years Long Residence Documents

The supporting documents are key to succeeding in an application for ILR on the basis of 10 years long residence. Supporting documents for ILR application may vary from case to case depending on the individual circumstances of the applicant. Generally, the following documents may be required for an application for ILR on the basis of 10 years long residence:

  • All passports covering the relevant 10 years qualifying period of long residence;
  • BRP card of the applicant;
  • Life in the UK test, if the applicant is over the age of 18 and under the age of 65;
  • Relevant document to satisfy the English language proficiency at level B1 in listening and speaking only which could include an English test certificate or degree level academic qualification or evidence of being national of a majority English-speaking country;
  • Any evidence of private and family life established in the UK;
  • Any other evidence which may be relevant to address any particular issue in the long residence application including e.g. one of the previous passports is missing, the applicant exceeded the permitted number of days absent from the UK; previous gaps in between the periods of leave to remain applications, etc;
  • Any documents or information which is relevant to argue why the Home Office UKVI should exercise discretion to grant the application where the reliance is being made on the discretion of the Home Office UKVI in approving the long residence application.

Our expert team of immigration solicitors can provide the specific list of documents upon assessing all the relevant circumstances of the applicant and after identifying issues, if any, in the ILR 10 years long residence application.

Life In The UK Test & English Language Requirement

The applicant applying for ILR on the basis of 10 years long residence must meet the Life in the UK test requirement and English language requirement, unless the applicant is over the age of 65 or exempt from meeting such requirements due to health reasons.

To meet the English language requirement, the applicant must provide specified evidence that he/she:

  • is a national of a majority English-speaking country; or
  • has passed an English language test in speaking and listening at a minimum of level B1 of the Common European Framework of Reference (CEFR) for Languages with a provider approved by the Home Office, UKVI; or
  • has an academic qualification recognised by UK Ecctis to be equivalent to the standard of a Bachelor’s or Master’s degree or PhD in the UK, which was taught in English; or
  • is exempt from the English language requirement because at the date of application:
    • the applicant is aged 65 or over;
    • the applicant has a disability (physical or mental condition) which prevents the applicant from meeting the requirement; or
    • there are exceptional circumstances which prevent the applicant from being able to meet the requirements prior to entry to the UK.

Family Members Of A Person Applying For ILR On The Basis Of 10 Years Long Residence

Your family members (‘dependants’) can apply for ILR separately based on their 10 years of residence using form SET (LR) if they have also completed 10 years of residence in the UK. You cannot include your partner or child in your SET (LR) application.

If the lead applicant has settlement on the basis of long residence (including where they have subsequently naturalised as British citizens) provided they held leave under the relevant PBS ILR qualifying route at the time when they settled, their partner can extend their permission or gain settlement as a dependant under such PBS routes as a dependant. This means the dependant can still apply for an extension of the PBS Dependant visa or apply for ILR as a PBS dependant after the main applicant has been granted ILR on the basis of 10 years of residence.

Your partner can also apply for leave to remain in the UK as the partner of a settled person if they are not eligible to apply for ILR on the basis of 10 years long residence separately either at same time when you apply for ILR 10 years long residence or after you have been granted ILR on the basis of 10 years long residence. They may be able to include their children in their application. Any children born in the UK can apply for registration as British citizens as soon as either parent of the child has been granted ILR in the UK.

Re-Applying For ILR On The Basis Of 10 Years-Long Residence After The Refusal

You may be able to re-apply for ILR on the basis of 10 years long residence if your SET (LR) application has been refused by the Home Office UKVI and you do not believe you can successfully challenge the refusal of your ILR application. Any such fresh ILR application should meet the requirements as set out in paragraph 39E of the Immigration Rules. Also, any such fresh application should be made ideally through Super Priority Service for a decision on the ILR application within 24 hours.

Appeal Against Refusal Of ILR On The Basis Of 10 Years Long Residence

If your application for ILR on the basis of 10 years of residence has been refused by the Home Office UKVI and you have been given the right to appeal against the refusal decision, you should file an appeal with the First Tier Tribunal within 14 days of the refusal decision. The appeal against the refusal decision can be successful on the grounds that the decision to refuse is not in accordance with rules or in contravention of your right to private and family life as envisaged under Article 8 of the European Convention on Human Rights (ECHR). An Immigration Judge at the First Tier Tribunal will hear and determine the appeal. Our specialist long-residence solicitors can provide the required legal services to represent you in your appeal to challenge the refusal decision of your SET (LR) application.

Naturalisation As A British Citizen After Grant Of ILR

You can apply for naturalisation as a British citizen 12 months after you have been granted Indefinite Leave to Remain (ILR) if you have been lawfully resident in the UK for the last 5 years preceding the date of the naturalisation application. If you are married to a British Citizen, the residence requirement will be 3 years instead of 5 years and there will be no requirement to wait for 12 months after the grant of ILR when applying for naturalisation as a spouse of a British Citizen. Your absences from the UK during the last 5 years before the date of application for naturalisation should not exceed 450 days. If you are relying on 3 years of residence because you are married to a British Citizen, your absences during the last 3 years before the date of your naturalisation application should not exceed 270 days. Also, you must not have been absent from the UK for more than 90 days in the last 12 months before the date of your application for naturalisation as a British Citizen. Our specialist team of naturalisation solicitors can provide immigration advice and legal services for your application for naturalisation as a British Citizen after the grant of ILR on the basis of 10 years of residence. Read More

How Can We Help With Your ILR 10 Years Long Residence Application?

Our specialist team of long residence solicitors can provide expert immigration advice and legal representations on a fixed fee basis in relation to your application for ILR on the basis of 10 years of residence. Our fixed fee for your application for ILR on the basis of 10 years long residence will cover all the work of our immigration solicitors on your 10-year-long residence application. The casework to be carried out by our long residence solicitors in relation to your application for ILR on the basis of 10 years long residence will entail the following:

Advice on requirements: Our long residence solicitors will advise you on the relevant requirements you must meet for your application for ILR, based on a 10-year long residence, to succeed.

Advice on documents: Our long residence lawyers will prepare and email you a comprehensive list of supporting documents to be submitted in support of your application for ILR on the basis of 10 years long residence;

Assessment of documents: Our long residence lawyers will assess your documents to make sure that all the documents you provide in support of your application for ILR on the basis of 10 years of residence are in accordance with the requirements of the Immigration Rules.

Completing application form: Our long residence lawyers will complete the relevant application form for your application for ILR on the basis of 10 years long residence.

Submitting an application through Super Priority Service: Our immigration lawyers will submit your online application for ILR based on 10 years of residence through Super Priority Service to get a decision on your ILR application within 24 hours.

Booking an appointment with the application centre: After you submit your application for ILR online based on your 10 years of long residence, our long residence solicitors will book your appointment with the application centre for you to enrol your biometrics.

Preparing a detailed cover letter: Our specialist long residence solicitors will prepare a detailed cover letter in support of your application for ILR based on a 10-year-long residence, explaining how all the legal requirements are met for the approval of your application.

Uploading documents online: Before the biometrics enrolment date, our long residence solicitors will upload online all the supporting documents to be considered in support of your application for ILR on the basis of 10 years long residence.

Follow-up work: Our long-residence solicitors will carry out all the follow-up work until the Home Office UKVI decides on your application for ILR based on 10 years of residence.

Why Choose Us For ILR On The Basis Of 10 Years Long Residence?

There are a number of reasons why you can choose our immigration solicitors and lawyers in London to handle your application for ILR on the basis of 10 years long residence from inside the UK. The main reasons include the following:

High-Quality Legal Services: Our team of the best immigration solicitors in London provides high-quality legal services for ILR on the basis of 10 years of residence inside the UK. The high quality of UK visa and immigration legal services provided by our best team of immigration lawyers is self-evident from the 5-star Google Reviews rating by 99% of our clients.

Remote Legal Services: Our specialist immigration solicitors and lawyers can provide you with expert immigration advice and legal representation remotely from our offices in London. Using modern technology, our specialist immigration solicitors and lawyers can handle your application for ILR on the basis of 10 years long residence remotely without the need for you to visit our offices. Whilst we are more than happy to welcome clients into our offices, if this is their preference, we are proud to be able to offer our legal services for ILR application remotely to save your time and travel costs.

Open 7 Days A Week: We pride in providing dedicated immigration advice and legal representation 7 days a week.

All Work Carried Out By Qualified Specialist Immigration Solicitors: All the casework on your application for ILR on the basis of 10 years long residence will be carried out by our specialist team of fully qualified and experienced immigration solicitors who have extensive experience in dealing with ILR 10 years long residence applications.

Fast Track Visa Service: Our experienced and qualified immigration solicitors will be able to prepare and submit your application for ILR on the basis of 10 years of residence in the shortest possible time using the fast track process. Our immigration solicitors will submit your application for ILR on the basis of 10 years of residence through the Super Priority Visa Service to get a faster decision on your ILR application within 24 hours.

Free Immigration Advice Online: Our specialist team of immigration solicitors and lawyers can provide one-off free immigration advice online for ILR through our website enquiry form.

Fixed Fees With Payment Plan: Our immigration solicitors and lawyers charge reasonable and affordable fixed fees for an application for ILR on the basis of 10 years long residence with the option to pay our fixed fee in two instalments whereby you pay half of the agreed fixed fee when we start our work on your ILR application and the remaining half when we have fully prepared the ILR application and it is ready for submission to the Home Office UKVI.

Our Fixed Fees For ILR 10 Years Long-Residence Application

Our immigration solicitors will charge a fixed fee ranging from £1,000 + VAT to £1,500 + VAT for your application for Indefinite Leave to Remain (ILR) on the basis of 10 years long residence. We can provide super priority service for your ILR application to be decided by the Home Office UKVI within 24 hours. The agreed fixed will depend on the complexity of the application and the volume of work involved in the application for ILR on the basis of 10 years long residence.

Our fixed fee for your application for ILR on the basis of 10 years of long residence does not cover any disbursements, e.g. the UKVI fee for the ILR application, and the applicant has to separately pay the Home Office UKVI fees for the application.

Other Related Services

FAQs - ILR 10 Years Long Residence - SET (LR) Application

Yes, you can apply for ILR based on a 10-year long residence through Super Priority Service and get a decision on your ILR application within 24 hours.

As specialist long residence solicitors based in London, we are registered with the Home Office, UK Visas & Immigration (UKVI) and its commercial partners UKVCAS Sopra Steria to provide Super Priority Service for SET (LR) application whereby a decision on your ILR application will be made within 24 hours if you submit your application through Super Priority Service.

Our ILR Solicitors can prepare and submit your ILR application faster and get you a decision faster through Super Priority Service. This way, you will not have to wait for the decision on your ILR application for months (sometimes years).

We can also provide one-off service for submitting your ILR application through Super Priority Service for a fixed fee of £250 + VAT = £300 including VAT.

You can submit an online SET (LR) application to apply for Indefinite Leave to Remain (ILR) based on 10 years of residence after you have lived in the UK continuously and lawfully for 10 years.

Continuous residence is not considered broken if the applicant:

  • is absent from the UK for 6 months or less at any one time
  • had existing leave to enter or remain when they left and when they returned – this can include leave gained at the port when returning to the UK as a non-visa national
  • departed the UK before 24 November 2016, but after the expiry of their leave to remain, and applied for fresh entry clearance within 28 days of that previous leave expiring, and returned to the UK within 6 months

If the applicant had existing leave to enter or remain when they left and returned to the UK, the existing leave does not have to be in the same category on departure and return.

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.

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

For all cases

The Home Office caseworker should 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 184 days

The Home Office caseworker 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;
  • the reasons for the absence

For overall absences exceeding 548 days in the 10-year period

The Home Office caseworker 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 would not qualify for a long time, and so the Home Office caseworker 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.

Your family members (‘dependants’) will have the following options after you have been granted ILR on the basis of 10 years long residence:

  1. They can apply for  ILR separately on the basis of 10 years long residence using form SET (LR) if they have also completed 10 years long residence in the UK. You cannot include your partner or child in your SET (LR) application.
  2. Your PBS Dependent partner can apply for an extension of the PBS Dependent visa or ILR as a PBS Dependent under their current PBS route after you have been granted ILR on the basis of 10 years of residence if you had leave to remain under the relevant PBS route when you applied for ILR on the basis of 10 years of residence.
  3. If your family member is not in the UK under a PBS dependant visa that leads to ILR or is not eligible to apply for ILR on the basis of 10-year-long residence, your partner can apply for leave to remain in the UK as the partner of a settled person under Appendix FM of the Immigration Rules after the grant of ILR to you on the basis of 10-year residence. They may be able to include their children in their application.

Any children born in the UK can apply for registration as British Citizen as soon as either parent of the child has been granted ILR in the UK.

No, you can only apply for ILR based on 10 years of continuous and lawful residence 28 days before completing 10 years of residence. The Home Office may refuse your application for ILR based on 10 years of residence if you have not completed the qualifying period for ILR at the time of the decision.

If you are short by a few months in completion of 10 years of long residence, it may be possible to extend your leave temporarily by Section 3C through an appropriate immigration application in your given circumstances so that you can complete your 10 years-long residence in the UK to be eligible for ILR based on 10 years long residence in the UK.

You can apply for ILR based on 10 years long residence within 28 days before completing 10 years long residence in the UK whether applying through standard service or through Super Priority Service (decision within 24 hours).

Once you have built up a period of 10 years’ continuous and lawful residence, there is no limit on the length of time afterwards when you can apply for ILR on the basis of 10 years continuous and lawful residence in the UK. This means you could leave the UK, re-enter on any lawful basis, and apply for ILR from within the UK based on a 10-year period of continuous lawful residence you built up in the past. There is also nothing to prevent a person from relying on a 10-year period that they may have relied on in a previous application or grant.

Continuous residence is defined in paragraph 276A of the Immigration Rules. Continuous residence means residence in the UK for an unbroken period, i.e. without gaps. For the purposes of long residence, a period is not considered broken if the applicant:

  • was absent from the UK for six months or less at any one time, and
  • had existing leave to enter or remain upon their departure and return.

You can leave the UK during the continuous residence for up to:

  • 184 days at a time;
  • 548 days in total.

You cannot count time spent in:

  • a prison, young offender institution or secure hospital
  • Ireland, the Isle of Man or Channel Islands

According to UK immigration rules, “lawful residence” means residence which is continuous residence pursuant to:

  • existing leave to enter or remain, except this cannot include time with entry clearance or permission under Appendix V: Visitor, Appendix Short-term Student (English language), or Appendix Temporary work – Seasonal Worker, or any relevant predecessor routes; or
  • an exemption from immigration control, including where an exemption ceases to apply if it is immediately followed by a grant of leave to enter or remain.

Also, “lawful residence” does not include time spent on immigration bail, temporary admission, or temporary release.

Continuous residence is considered to be broken if the applicant has:

  • been absent from the UK for a period of more than six months (184 days) at any one time, or is absent from the UK for a shorter period but does not have valid leave to enter the UK on their return, or valid leave to remain on their departure from the UK
  • been removed or deported from the UK, or has left the UK following refusal of leave to enter or remain
  • left the UK before 24 November 2016 with no valid leave to remain on their departure from the UK, and failed to apply for entry clearance within 28 days of their previous leave expiring (even if they returned to the UK within 6 months)
  • been convicted of an offence and been given a custodial sentence, or ordered to be detained in an institution other than a prison, such as a hospital or young offenders institute, not including suspended sentences
  • spent a total of 18 months (540 days) outside the UK throughout the whole 10-year period.

According to UKVI guidance published on 12 April 2023, any periods of time with temporary admission, temporary release or immigration bail are not ‘lawful residence’ for the purposes of long residence and will break continuous residence.

Appeal against refusal of SET (LR) application:

If the Home Office, UKVI, refuses your ILR long residence application and you believe that the refusal decision is unlawful, you can challenge the refusal of your SET (LR) application by filing an Appeal Against Refusal Of SET(LR) 10 Years Long Residence Application with the First Tier Tribunal (FTT) within 14 days of receiving the refusal letter.

Pre Action Protocol (PAP) & Judicial Review (JR) against refusal of SET(LR) application:

If you have not been given an in-country right to appeal against the refusal of your SET(LR) application, you can still challenge the refusal of your application by way of Pre Action protocol (PAP) and Judicial Review (JR) against the Home Office UKVI decision to refuse your SET (LR) application.

If your application for ILR 10 years long residence - SET(LR) application has been refused by the Home Office, UKVI and you believe that the decision to refuse your application is valid and lawful and therefore cannot be challenged successfully by way of appeal, you may have the option to re-apply for ILR 10 years long residence within 14 days of your section 3C leave ending. We can provide the required legal help and assistance with re-applying for your ILR 10 years long residence through our Super Priority Service.

You can apply for Indefinite Leave to Remain (ILR) in the UK if you've been legally in the country for 10 continuous years (known as 'long residence').

You can apply for ILR 28 days before you complete 10 years of continuous and lawful residence in the UK, starting from your date of first entry.

According to paragraph 276B(V), any previous period of overstaying (gap) between periods of leave will be disregarded where –

  • the previous application was made before 24 November 2016 and within 28 days of the expiry of leave; or
  • the further application was made on or after 24 November 2016 and paragraph 39E of the Immigration Rules applied.

Yes, a child who has completed 10 years continuously and lawfully in the UK can apply for ILR based on 10 years long residence.

Time the applicant has spent in the UK with Section 3C leave also counts towards lawful residence.

To consider absences from the UK, the UKVI will consider:

  • information on the application form
  • any UK exit and entry stamps in the passports
  • the landing cards section on the warehouse to confirm when the applicant entered the UK

The UKVI must be satisfied there is enough evidence to show the applicant has been in the UK continuously for 10 years required under the rules. The UKVI only include whole days in this calculation. Part-day absences (periods of less than 24 hours) are not counted. Therefore, dates of departure from and arrival into the UK will not be included in the overall absence period, as the applicant will not have been outside the UK for the whole day on those dates.

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