ILR through long residence – 10-year route explained

ILR through long residence – 10-year route explained

Introduction to ILR through long residence

Indefinite Leave to Remain (ILR) via the 10-year route is a pathway for individuals who have built their lives in the UK over a decade. It acknowledges stability, integration, and long-standing lawful ties. This route is often pursued by those who may not meet the requirements of faster settlement categories but have maintained lawful presence for ten consecutive years.

If you are exploring faster settlement options, you may also consider the Skilled Worker visa UK which offers a 5-year route to ILR.

Legal foundation of the 10-year residence route

Historically, the long residence route was governed by paragraph 276B of the Immigration Rules. However, on 11 April 2024, the provisions were consolidated into Appendix Long Residence, which is now the authoritative legal framework. Applicants should refer to this Appendix for the most up-to-date requirements, as it governs how continuous residence, absences, and eligibility are assessed.

What counts as “continuous lawful residence”

Continuous lawful residence means living in the UK without significant gaps or unlawful status. It requires uninterrupted periods on valid visas or leave to remain. Lawful residence includes periods of entry clearance, leave to enter, or leave to remain granted by the Home Office.

Importantly, not all visas qualify. Time spent on a Standard Visitor visa, Short-term Student visa, or Seasonal Worker visa does not count towards the 10-year calculation. Only periods on visas permitting long-term residence — such as study visas, work visas, family visas, or protection routes — are eligible. Mistaking temporary categories for qualifying residence is a common and costly error.

Types of visas that contribute to the 10-year calculation

Eligible categories include Student visas, Skilled Worker visas, Family visas, and other lawful routes that allow meaningful residence. Periods on protection-based leave, discretionary leave, or other forms of lawful stay also contribute. However, visitor visas, short-term student visas, and seasonal worker visas are explicitly excluded under Appendix Long Residence.

Periods that break continuous residence

Continuous residence can be broken by long absences abroad, unlawful stay, or removal from the UK. Deportation orders or leaving the UK without valid leave disrupt the calculation. Any break in lawful stay resets the clock, making careful immigration management essential.

Absences allowed during the 10-year period

This area saw significant reform in April 2024. The rules now apply under a hybrid system:

Applicants relying on EU residence may also want to check the Frontier Worker permit UK, which has its own absence rules.

• Before 11 April 2024: Applicants were assessed under the old rule, which allowed up to 548 days’ absence in total over the 10 years, with no single absence exceeding 184 days.
• On or after 11 April 2024: A stricter test applies. Applicants must not have been outside the UK for more than 180 days in any rolling 12-month period.

This means that someone who began their 10-year period many years ago may have absences judged under both sets of rules, depending on the dates. The rolling 12-month rule is far stricter, so careful calculation of absences is now essential.

Switching visas during the 10 years

Applicants are not required to remain in a single category. The 10-year route allows switching from one visa type to another, provided all were lawful and consecutive. For example, an individual may begin as a student, later switch to a Skilled Worker visa, and still combine both periods toward ILR.

Documents required to prove long residence

Strong documentation is crucial. Applicants must provide all previous passports, biometric residence permits, Home Office correspondence, and evidence of lawful leave. Gaps must be explained, and absences corroborated with travel records. Without adequate documentation, even legitimate residence may face challenge.

English language and Life in the UK requirements

Applicants must demonstrate English proficiency at B1 level or higher and pass the Life in the UK test. These requirements confirm both linguistic ability and cultural knowledge, reinforcing readiness for permanent residence. Exemptions exist for certain age groups and medical conditions.

These tests mirror the requirements in other settlement routes, including the Family visa UK pathway.

Impact of overstaying and immigration gaps

Overstaying can severely affect eligibility. Even short gaps may disqualify unless covered by specific Home Office concessions, such as those allowing late applications within 14 days for good reason. Applicants must prove continuity without lapses to avoid jeopardising the application.

Common pitfalls and reasons for refusal

Refusals often occur due to undocumented absences, unexplained gaps, reliance on non-qualifying visas (such as visitor or seasonal worker visas), failure to meet English or Life in the UK requirements, or providing incomplete records. Misrepresentation or reliance on unlawful residence is another common cause. Attention to detail is paramount.

Applying from inside the UK

Applications for ILR under the 10-year route must be made from within the UK. Applicants complete Form SET(LR), upload documents, attend biometrics, and await a decision. Leaving the UK while an application is pending automatically withdraws it.

Fees and processing times

As of 2025, the Home Office fee for ILR under the long residence route is £3,029. Biometric enrolment and additional services may incur extra charges. Applicants should note that fees are subject to change, often annually. Standard processing usually takes up to 6 months, though priority services can shorten this timeframe.

Rights gained after ILR approval

ILR grants permanent residence in the UK. Holders can work without restriction, access healthcare, pursue education, and live free from visa limitations. The status is secure but can lapse if an individual remains outside the UK for more than two continuous years.

Path to British citizenship after ILR

After holding ILR for 12 months, most individuals may apply for British citizenship, provided they meet residence and good character requirements. This marks the final step in full integration, granting the right to a British passport and full civic participation.

Alternatives if ILR is refused

If ILR is refused, applicants may have the right to administrative review or appeal, depending on the reasons for refusal. Alternatively, reapplication with stronger documentation may be viable. Some may consider switching to other visa categories if eligible.

Why professional representation matters

Given the complexity of long residence cases, professional advice helps avoid errors. Representation ensures correct interpretation of rules, meticulous documentation, and strategic handling of absences or immigration gaps. This can make the difference between approval and refusal.

How LawSentis can assist with ILR long residence applications

LawSentis provides tailored legal support for individuals pursuing ILR through the 10-year residence route. Our team ensures applications are meticulously prepared, absences are correctly assessed under the hybrid rules, and documentation meets Home Office expectations. As IAA Level 3 regulated specialists, we combine legal expertise with strategic foresight. Whether clarifying eligibility, handling refusals, or preparing citizenship applications, LawSentis safeguards your future in the UK. Contact us to begin your journey with confidence.