Indefinite Leave to Remain (ILR) allows you to remain in the UK without any time limit and the ability to work and study without restrictions. ILR based on Long Residence is a legal status granted to individuals who have lived in the UK continuously for ten years. This post will discuss the requirements, documents, and fees of applying for ILR based on 10-years Long Residence in the UK.
The requirements for continuous lawful residence in the UK are quite stringent. This period may be fulfilled with a combination of different visas, such as the Tier 2 (General) Work Visa, Post Study Work Visa, and others. However, during the 10 years, the applicant must not have spent more than 540 days outside the UK and more than six months outside the UK on any single occasion.
In addition to meeting the continuous residence requirements, applicants must also satisfy other criteria, such as passing the Life in the UK and English language tests, among other requirements, to be eligible for settlement based on 10-years Long Residence.
Requirements for 10 Years Long Residence ILR
To be eligible for ILR based on Long Residence:
- You must have existing leave to remain in any UK immigration category
- You must have at least 10 years of continuous lawful residence in the UK
- There must be no reason why granting leave is against the public good
- You must meet the knowledge of language and life requirements and demonstrate proficiency in the English language
- You must not fall for refusal under the general grounds for refusal
- You must not be in breach of immigration laws.
Other factors such as your age, personal background, and relationships in the UK will also be considered to determine your eligibility for ILR on the grounds of public interest.
To be eligible for ILR, applicants must have maintained a period of continuous lawful residence in the UK for 10 years. The 10-year continuous period can be fulfilled by maintaining valid leave to remain status under any immigration category for the qualifying period. However, the following events would break your continuous residential qualifying period:
- You were absent from the UK for a period of more than 6 months at any one time
- You have spent a total of 540 days outside the UK throughout the whole 10 year period
- You left the UK during the 10 years with a clear intention or evidence of not returning to the UK
- You were removed or deported from the UK during the 10 years
- You left the UK during the 10 years, having been refused leave enter to remain.
Once an applicant has built up 10 years of continuous lawful residence, there is no limit on the length of time afterwards when they can apply. Applicants could leave the UK, re-enter on any lawful basis, and apply for settlement from within the UK based on 10 years of continuous lawful residence they built up in the past.
When an applicant for ILR 10 Years Long Residence lacks adequate records of their time spent outside the UK, a Subject Access Request (SAR) can be made to the Home Office. This can be particularly helpful in cases where a passport is missing or the applicant is having difficulty compiling a comprehensive list of their absences. It is generally recommended that a SAR be submitted for ILR 10 Years Long Residence when absence records are incomplete.
For advice or assistance with your ILR 10-year Long Residence application, contact a member of our experienced team on 0208 757 5751 or use our contact form.
English Language and Life In the UK Test
Applicants between the ages of 18 and 65 must demonstrate sufficient knowledge of the English language and pass the Life in the UK test. This requirement can be fulfilled by either passing an approved English language test or holding an academic qualification taught in English. The Life in the UK test assesses an individual’s knowledge of British culture, history, and values and is a mandatory requirement for ILR applicants.
When To Make An Application For ILR based on 10 Years Long Residence
You may submit your application up to 28 days before completing your qualifying period of continuous lawful residence. You must not wait for your UK visa to expire and must apply from within the UK. Therefore, it’s essential to ensure that you apply within the correct time frame to avoid any delays or issues with your application.
Documents Required for ILR 10-Year Long Residence Application
It’s important to note that the list of required documents may vary depending on your specific circumstances, and you may need to provide additional supporting documents based on your immigration status. Certified English translations will be required if any of your documents are not in English or Welsh. An application’s supporting documents may include the following:
- Current passport or other valid travel ID
- Biometric residence permit (if applicable)
- Evidence of continued residence, such as:
- Accommodation evidence (tenancy agreements or mortgage statements)
- Utility bills
- Bank statements
- Proof of education or employment
- Travel tickets and receipts
ILR 10 Years Long Residence Application Fees
The current fee charged by the Home Office for an ILR application based on 10 years Long Residence is £2,404; you may pay extra for priority services to get a quicker decision.
How can we help?
For professional guidance and support with your application for ILR 10 Years Long Residence, please don’t hesitate to contact our immigration advisers in London. You can reach us by calling 02087575751 or using our online contact form. Our team will be happy to assist you with your immigration needs.
Frequently asked questions
The processing time for an ILR application through the 10-year Long Residence route can vary, but it typically takes around 6 months.
Yes, you can apply for British citizenship after living in the UK for at least one year with ILR status as long as you meet the other eligibility requirements.