Eligibility Criteria for ILR on the 10-Year Long Residence Route

To qualify for ILR under the 10-year long residence category, you must meet a set of requirements established by UK Visas and Immigration (UKVI). These include:

• You must be physically present in the UK at the time of your application.

• You must have accrued 10 years of continuous and lawful residence in the UK, during which you:

  • Held valid leave to remain (excluding Visitor, Short-term Student (English Language), or Seasonal Worker routes), or

  • Were exempt from immigration control, or

  • Were an EEA national or their family member exercising free movement rights before 31 December 2020 (and up to 30 June 2021, or until a decision is made on an application under Appendix EU).

• If your current immigration status was granted on or after 11 April 2024, you must have held that permission for at least 12 months or been exempt from immigration control within the 12 months prior to applying.

• You must not have breached immigration laws or be on immigration bail at the time of application.

• You must prove English proficiency at CEFR Level B1 or higher (unless exempt).

• You must have passed the Life in the UK Test (unless exempt).

• Your application must not be refused under the general grounds for refusal.

Due to the nuanced nature of immigration rules, consulting an immigration specialist at Link and Day Lawyers is highly recommended to assess your eligibility and strengthen your application.

Establishing the 10-Year Lawful Residence Requirement

You will need to demonstrate that you have spent 10 years lawfully in the UK. During this period, you must have:

• Held valid immigration status, excluding time spent as a Visitor, Short-term Student (English language), or Seasonal Worker;

• Or, been exempt from immigration control;

• Or, resided in the UK as an EEA national (or their qualifying family member) under free movement rights.

Any period of overstaying or being on immigration bail during these 10 years will disqualify that duration from counting towards the lawful residence requirement.

Immigration Permission Rule Post-April 2024

If you were granted your current immigration permission on or after 11 April 2024, it must have been held for at least 12 months before applying for ILR under the long residence route. This means that temporary visa holders such as Visitors and Short-term Students will not meet this requirement.

Applicants not yet meeting the 12-month threshold may need to defer their ILR application beyond the 10th anniversary of their UK entry.

Continuous Residence Requirement: What Counts & What Breaks It?

Your entire 10-year period must be uninterrupted and continuous. Excessive absences from the UK may break this continuity. The assessment depends on the timing of your absences:

For absences before 11 April 2024:

• No single absence should exceed 184 days (6 months).

• Total absences must not exceed 548 days (18 months) over the 10-year period.

For absences after 11 April 2024:

• You must not be absent from the UK for more than 180 days in any rolling 12-month period.

• The cumulative 548-day rule no longer applies from this date.

Transitional Absences (those spanning before and after 11 April 2024) are judged under both frameworks. Any time in the Channel Islands or Isle of Man does not qualify as UK residence.

Permissible Reasons for Extended Absences

Exceptions may be made for absences caused by:

• Global disruptions (e.g. pandemic, natural disasters, armed conflict),

• Compelling personal circumstances, such as the death or serious illness of a close relative,

• Or the applicant’s own medical emergency.

Link and Day Lawyers can help evaluate whether your absence qualifies for discretionary relief by the Home Office.

Important Considerations for International Students

Many international students, previously disqualified due to exceeding the 548-day threshold during academic breaks, may now qualify due to post-11 April 2024 rule changes. The removal of the 548-day rule for post-11 April absences allows more flexibility opening new possibilities for students to apply under the long residence category.

Circumstances That Break Continuous Residence

The 10-year continuity is broken if:

• You have been convicted and imprisoned (excluding suspended sentences),

• You are subject to removal directions or a deportation order,

• Or you spent time in the UK without valid immigration status.

Historic 10-Year Residence Periods No Longer Qualify

Under current rules, historic periods of lawful residence can no longer form the basis for an ILR application. The 10-year qualifying period must be immediately prior to the date of application, or up to 28 days after, or even until the date of decision, whichever is most favorable to the applicant.

What if You Cannot Meet the 10-Year Requirement?

If you cannot prove 10 years of lawful and continuous residence, you may be eligible to apply for leave to remain based on private life or human rights grounds. Our team at Link and Day Lawyers is here to advise on alternative immigration routes.

English Language & Life in the UK Test

Applicants must demonstrate English proficiency at CEFR Level B1 or above and pass the Life in the UK test unless an exemption applies. Qualifications such as GCSEs or A-Levels in English can also be accepted.

Fees and Processing Time

• Application Fee: £2,885 (additional fees apply for Super Priority Service).

• Standard Processing Time: Up to 6 months.

• Super Priority: Decision typically available by the end of the next working day.

Duration and Security of ILR Granted Under Long Residence

Once granted, ILR offers permanent residence in the UK without any time restrictions. However, ILR status may be lost if:

• You are absent from the UK for more than two consecutive years,

• Or you commit a serious criminal offence.

Appeals and Legal Rights

If your application is refused, you will generally have a right to appeal under human rights grounds. This enables you to challenge the refusal before the First-tier Tribunal.

How Link And Day Lawyers Can Support You

At Link And Day Lawyers, our experienced immigration specialists are dedicated to helping individuals secure Indefinite Leave to Remain (ILR) in the UK under the 10-Year Long Residence route.

Whether you need strategic legal advice on the relevant Immigration Rules, a comprehensive evaluation of your eligibility for ILR, or expert guidance in preparing a robust application or appeal, our team is here to assist every step of the way.

We distinguish ourselves through a client-focused approach, ensuring we are accessible, responsive, and fully attuned to your specific immigration goals. Our commitment is to deliver clear, precise, and trustworthy legal advice all within a professional yet personable service environment.

Let Link And Day Lawyers be your trusted partner on the path to permanent settlement in the UK.