This category is open to non-UK nationals who have lived lawfully in the UK for a continuous period of 10 years.
To apply for ILR under Long Residence category you must:
- You have been in the UK lawfully for a continuous and unbroken period of at least 10 years; and
- You are not present in the United Kingdom in breach of immigration laws; and
- There are no undesirable public interest reasons not to grant you ILR; and
- No general grounds for refusing exist to refuse your application (e.g. certain criminal conviction(s)); and
- You have knowledge of the English language and about life in the United Kingdom.
You will break your period of residence if, at any time you were:
- Absent from the UK for more than 18 months in total; or
- Absent from the UK for more than 6 months at any one time; or
- Absent from the UK for less than 6 months but had no leave either upon departure or return (or both); or
- Removed or deported from the UK; or
- You left the UK having been refused leave to enter or remain;
- There is evidence of your clear intention not to return to the UK on leaving; or
- You left the UK with no reasonable expectation of being able to return lawfully; or
- You were sentenced to a period of imprisonment (not suspended) or directed to be detained.
Factors the Home Office consider when assessing the public interest reasons why it is undesirable to grant you ILR can include:
- Representations submitted on your behalf;
- Age;
- Your strength of connections to the UK;
- Your character, conduct, associations, employment record and any other personal history;
- Domestic circumstances;
- Compassionate circumstances.
Additional Factors Relevant to Long Residence:
Historic continuous periods of 10 years lawful residence can be relied upon; it does not necessarily need to be recent.
If you have been absent for over 540 days in total or a single absence of over six months it will be at the discretion of the Home Office to grant any long residence application and you will need to show the absence(s) was/were for an exceptional or compelling reason.
You may be able to extend your stay in the UK if you have not taken and passed the Life in the UK test or meet the English Language criteria.
Any dependants may need to apply to switch into a different category of the Immigration Rules. For example, the spouse or civil partner or child visa categories.
You will not be subject to any further immigration restrictions once you are granted indefinite leave to remain. However, you will lose your ILR if you are absent from the UK for more than two years or commit a serious offence.
Appealing a refusal of a Long Residence Application
Since a long residence application is categorised as a human rights claim, it will trigger a right of appeal if refused.
Priority Applications
You can apply for ILR based on Long Residence using the Super Priority appointment at the Home Office and receive a decision within 1 working day.
How can AIB help?
AiB frequently advise and assist foreign nationals to settle in the UK on the basis of 10 years long residence related settlement in the UK.
We can advise you on prospects of success, what you will need to meet the requirements of the Immigration Rules, and can prepare your application so you avoid common mistakes which can result in delays and refusals.
AiB provide expert independent assessment of the prospects of qualifying for settlement and a professional preparation service for applications for indefinite leave to remain.
We are approachable, responsive and proactive; taking pride in our commitment to meet the needs of our clients by providing sincere, clear, and reliable immigration advice.
Other Ways we can help:
We can also advise you on the following related issues:
- Super Priority Appointment Service;
- Returning Residence Applications;
- To make a Subject Access Requests to the Home Office;
- Further Leave to Remain on Long Residence Grounds;
- Fresh Applications for Long Residence.