What is 10 years long residence ILR application?

It is indefinite Leave to remain application on the basis of lawful 10 years long residence in the UK.

How much is the application fee for ILR via 10 years long residence?

The application fee  is £2885 for Indefinite Leave to Remain(ILR). When applicants apply to extend their stay on the basis of 10 years long residence, the cost is £1,048.

A priority or Superiority service is available for this application and require £500 or £1000 additional charge for five days decision or 24 Hours decision.

How to apply for Indefinite Leave to remain base on 10 Years Long residence?

It has to be applied via online.

Who is eligible for ILR via 10 years long residence in the UK? 

Applicants must have permission to stay (‘leave to remain’). This can be in any immigration category, or a combination of different immigration categories. 

Applicants must also have: 

• been in the UK legally for 10 years (known as ‘continuous residence’) 
• kept to the conditions of their UK visa 

If applicants aged between 18 to 65 years old, they must: 

• pass the Life in the UK Test 
• prove they have sufficient English language skills 

When is 10 years long residence start date ?

The 10-year qualifying period starts from either: 

• when applicants arrived in the UK with a visa 
• when applicants were given permission to stay in the UK 

What does ‘continuous residence’ mean under UK immigration rules? 

According to 10 years long residence guidance, continuous residence means that the time you’ve spent in the UK without gaps. 

You can leave the UK during the continuous residence for up to: 

• 184 days at a time 
• 548 days in total 

You cannot count time spent in: 

• a prison, young offender institution or secure hospital 
• Ireland, the Isle of Man or Channel Islands 

What is 10 years long residence gap?

It will be considered as a gap if you:

• have one single trip outside the UK for more than 6 months, or
• made an out of time application more than 14 days after 2016 after 24th Nov 2016 or 28 days before 24 Nov 2016, or
• have more than 548 days absence from the UK for 10 years.

What is the English language requirement?  

If you’re aged 18 and 65 years old, your ILR application on the basis of 10 years long residence  must demonstrate that you have sufficient knowledge of the English language and have passed the Life in the UK test. 

You can meet the English language requirements for ILR 10 year long residence application: 

• Pass a Secured English language test at B1 level
• Qualification of Degree level that was taught or researched in English 
• National of an English-speaking country.

How can I prepare for the Life in the UK test? 

You can prepare for the Life in the UK test by studying from the official guide book Life in the United Kingdom: A Guide For New Residents.  

How many days absences are allowed during the 10 years long residence

You can leave the UK during the 10 years long residence for up to 184 days at a time and 548 days in total. We will guide you on how to calculate your absences to meet the legal requirement. 

What if my total absences exceed 548 days? 

If you have spent substantial time away from the UK due to holidays, work, and study, medical or family reasons. These can sometimes lead to the total absences being more than 548 days limits. We can  request the Home Office to exercise discretion in disregarding the excess absences. 

Can I count the time when I visited the UK?

You cannot count time spent in the UK:

• on a Standard Visitor visa or as a visitor without a visa
• on a Short-term study visa
• on a Seasonal Worker visa
• on immigration bail
• in a prison, young offender institution or secure hospital

What is Subject Access Request (SAR)? 

Where an applicant has insufficient records of absences from the UK, subject access request can be submitted to the Home Office. This may prove useful information if one of your passports is missing or the applicant is unable to prepare a complete list of absences. 

Generally, it is a good practice to request SAR for 10 year ILR application if you are not sure if you have a gap. Our immigration lawyers are able to assist with submitting SAR request for 10 year long residence ILR application and reviewing the data received from the Home Office. 

What documents do applicants need to prepare? 

Applicants will need to provide: 

• a current passport or other valid travel ID 
• biometric residence permit if they have one 
• all the passports they have held during their time in the UK 
• Applicants will need to provide a certified translation of any documents that are not in English or Welsh. 
• Applicants may need to provide additional documents depending on their circumstances, 

What is the ILR application process via 10 years long residence route? 

Applicants must make an online application. 

After the application is submitted online, they will be asked to make an appointment at a UK Visa and Citizenship Application Services (UKVCAS) service point to provide their biometric information (fingerprints and a photo).  Applicants will also need to submit their supporting documents by uploading them into the online service  have them or scanned at their UKVCAS appointment centre.

Can I travel if my application is pending?

Applicants must not travel outside of the UK, Ireland, the Channel Islands or the Isle of Man until they get a decision of their application. Their application will be deemed as withdrawn if they leaves the UK.

When can I make an ILR application via 10 years Long Residence? 

You can apply for ILR in the 10 years long residence category up to 28 days in advance of completing your qualifying period of continuous lawful residence. An application for indefinite leave to remain (ILR) based on 10 years long residence made more than 28 days in advance may be refused. 

How long does the application take?  

It takes within 6 months of their application date if they use the standard service to get a decision from UKVI.

If applicants use the super priority service a decision will be made: 

by the end of the next working day after your UKVCAS appointment if your appointment is on a weekday 

2 working days after your UKVCAS appointment if your appointment is at the weekend 

Working days are Monday to Friday, not including bank holidays. 

Once applicants have got your decision letter, their biometric residence permit will take up to 10 working days to arrive. 

Applicants will be contacted if their application is complex and will take longer. 

How long does Indefinite Leave to Remain (ILR) last for? 

Once you have been granted indefinite leave to remain, it will not expire. You will be permanently free of immigration time restrictions. However, if you spend more than 2 years outside the UK then your indefinite Leave to remain will revoked unless you have grounds for a returning resident application.

What if  ILR application via 10 years long residence  is refused ? 

In the event of a refusal of indefinite leave to remain, 10 years long residence ILR applications made is considered a human rights application and therefore will be granted a right of appeal. This is confirmed in decision letter when there is a right of appeal against decisions in immigration cases. You can challenge  the refusal decision.

Can I lose my Indefinite Leave to Remain if I am away from the UK? 

You may lose your Indefinite Leave to Remain status if you leave the UK for 2 continuous years, unless you have exceptional reasons. 

Can my partner apply for settlement? 

Your partner can apply separately if they are eligible for settlement via 10 years long residence. If they are not, they can apply to remain in the UK as the partner of a settled person which we called spouse visa .

Can my children apply for Settle via 10 year long residence route?

Your children may have to leave the UK if they’re not eligible to apply separately via 10 years long residence route and are over 18. But they can apply to stay in the UK as a dependant via other category,

Can EU citizens remain the right for the long residence after Brexit?  

There will be no change to the rights and status of EU citizens currently living in the UK until 30 June 2021. You and your family can apply to the EU Settlement Scheme to continue living in the UK. 

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