Long Residence Guidance
The Long Residence category of the Immigration Rules enables those who have lived in the UK lawfully for at least ten years to apply for Indefinite Leave to Remain, also known as settlement. Once an applicant has been granted Indefinite Leave to Remain they are able to live in the UK free from immigration restrictions.
What are the main requirements for a Long Residence application?
In order to make an application for Indefinite Leave to Remain on the basis of ten years Long Residence, an applicant must be able to demonstrate that:
- they do not fall for refusal under the Part 9: grounds for refusal;
- they must not be in breach of the immigration rules, except where paragraph 39E applies, that period of overstaying will be disregarded and not count towards the qualifying period;
- they must not be on immigration bail;
- they have spent a qualifying period of ten years lawfully in the UK;
- they have had permission on their current immigration route for at least 12 months, or have been exempt from immigration control within the 12 months prior to the date of application (this does not apply if the current permission was granted prior to 11 April 2024);
- they meet the continuous residence requirement; and
- they have sufficient knowledge of English language (CEFR level B1) and life in the UK.
Applications for Indefinite Leave to Remain on the basis of ten years Long Residence must be made from within the UK.
Key points for Long Residence applications
Applicants under the Long Residence route may combine time spent with permission in most categories of the Immigration Rules towards the ten-year qualifying period. Categories of permission that are not counted toward the qualifying period include permission as a visitor, short-term student (English language), or seasonal worker.
Only individual applicants are permitted to apply on the Long Residence route. Dependants must meet the requirements to apply in their own right.
Applications submitted before 11 April 2024 are decided on the basis of the previous provisions in the Immigration Rules on Long Residence.
Long Residence and Indefinite Leave to Remain applications
Those who are granted Indefinite Leave to Remain on the basis of ten years Long Residence are able to apply to naturalise as a British citizen after they have held this status for a year, unless they are married to a British citizen.
Indefinite Leave to Remain can be revoked if the holder is absent from the UK for a continuous period of two years or more. In this case, should an applicant wish to return to the UK, an application must be made to return to the UK as a returning resident.
Applying for temporary permission under Long Residence
Applicants who meet the suitability, qualifying period, and continuous residence requirements, but who do not meet the English language or Knowledge of Life in the UK requirements may instead apply for permission to stay on the basis of Long Residence.
Temporary permission on the basis of Long Residence grants a period of permission to stay for a duration of 24 months.
Long Residence applications: How our Immigration Solicitors can help
The Home Office will carefully scrutinise applications for Long Residence. If it does not consider that the evidence provided sufficiently demonstrates that the above requirements have been met, the application will fall for refusal. It is therefore essential that any application is prepared thoroughly and carefully.
We are experienced in preparing applications for Long Residence and will provide expert guidance and assistance to you throughout the process.
If you require legal assistance or would just like to discuss your situation with one of our experts, please contact us, or complete the enquiry form below.
More Long Residence FAQs
If your application is refused, our immigration solicitors will be able to advise you on your options going forwards, whether that be making a fresh application or challenging the refusal.
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