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Long Residency ILR

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Long Residence ILR

After 11 April 2024, the rules regarding absences from the UK change for Long Residence ILR applicants. For time spent outside the UK after this date, applicants must not:

  • Exceed 180 days of absence in any rolling 12-month period
  • Maintain a total of no more than 540 days of absence across the entire 10-year period (inclusive of both pre- and post-11 April 2024 absences).

Other Key Requirements for Long Residence ILR

1. English Language and Life in the UK Test:
Applicants must demonstrate English proficiency at CEFR Level B1 and pass the Life in the UK test, unless exempt.
2. No Breach of Immigration Laws:
You must not be in breach of UK immigration laws or on immigration bail.
3. Application Requirements:
The application must meet all general grounds for approval; failing to do so could result in refusal.
4. Exemptions and Exceptions:
Certain exceptions apply, including allowances for continuous residence breaks due to permitted reasons such as family emergencies, severe health conditions, or approved employment-related purposes.

To navigate the complexities of the Long Residence ILR requirements, professional advice from an immigration specialist can be beneficial, especially to ensure all criteria are met based on your individual circumstances.

ILR on the Basis of 10 Years Long Residence

The 10-Year Long Residence ILR route is available for individuals who have continuously and lawfully resided in the UK for at least 10 years. This route can lead to indefinite leave to remain (ILR), allowing freedom from immigration time restrictions in the UK.

Key Requirements for 10-Year Long Residence ILR

To qualify, you must meet the following criteria:

You must apply from within the UK.

Lawful Stay: Hold valid immigration permission or fall under exempt
categories.

Continuous Residence: Maintain an unbroken 10-year period without
excessive absences or certain legal issues (e.g., deportation, imprisonment).

Before 11 April 2024: No single absence of more than 184 days and a maximum total absence of 548 days. From 11 April 2024
Onward: No more than 180 days in any rolling 12 month period.

Absences Overlapping 11 April 2024: Limited to 184 days, with any pre-April
2024 absence counted toward the 548-day cap.

Absences due to natural disasters, conflicts, or compassionate reasons (e.g., serious illness) may be disregarded with proper documentation.

For permissions granted after 11 April 2024, you must have held that permission for at least 12 months.

Proficiency at CEFR Level B1, unless exempt.

Passing the test is required unless exempt.

Application Considerations

  • Fee: £2,885 (additional fees for Super Priority Service if requested).
  • Processing Time: Typically up to 6 months, with the Super Priority Service offering a next-day decision.
  • Historical Residence: You can no longer qualify based on a historic period; the 10-year period must end on or near the application date.
  • Appeal Rights: If refused, you have a right to appeal based on human rights grounds, with the appeal heard by the First-tier Tribunal.

Impact for International Students

The updated absence rules from 11 April 2024 onward provide more flexibility for students who travel during academic breaks. The removal of the 548-day cap for periods after this date allows students who meet the 10-year lawful residence requirement to apply for ILR even if they spent extended periods outside the UK during their studies.

Options if Continuous Residence Requirement is Not Met

If you are unable to satisfy the 10-year continuous lawful residence requirement, you may still apply for leave to remain on human rights (private life) grounds