The Home Office’s recent update on the immigration rules, effective from 11 April 2024, brought confusion regarding the calculation of absences under the 10 year long residence route. Initially, the new rules seemed to suggest that the previous 548-day limit on absences was no longer applicable for applications submitted after April 2024. This ambiguity led to a widespread misunderstanding and caused the Home Office to pause decision-making in cases where applicants had exceeded 548 days of absence.
Fortunately, on 8 July 2024, the Home Office provided clearer guidance on this issue by updating both the “Long Residence” and “Continuous Residence” guidelines. The clarified guidance is as follows:
Long Residence Guidance
The transitional arrangements maintain that continuous residence is broken if an applicant has been absent from the UK for more than 184 days at any one time, or for more than 548 days in total, for absences that began before 11 April 2024.
Continuous Residence Guidance
The updated continuous residence guidelines specify:
- Any single absence starting before 11 April 2024 must not exceed 184 days.
- The total absences in any part of the 10-year qualifying period before 11 April 2024 must not exceed 548 days.
- From 11 April 2024 onwards, applicants must not have been outside the UK for more than 180 days in any 12-month period.
These stipulations mean that applicants must adhere to the 548-day total absence limit for any part of their qualifying period before the cut-off date. Notably, this limit applies uniformly regardless of whether the applicant has completed two or nine years of the 10-year period before April 2024.
Legal Implications and Future Considerations
While the new guidance seems more explicit, past experiences have shown that even clear guidelines can lead to legal ambiguities and challenges. The 10 year long residence route, despite being one of the more straightforward immigration paths, has been fraught with complications that have often required judicial interpretation. It is advisable for applicants and legal professionals to stay informed and prepared for potential future clarifications or legal developments.
Frequently Asked Questions (FAQ)
What is the 10 year long residence route?
The 10 year long residence route allows individuals to apply for indefinite leave to remain (ILR) in the UK after residing continuously in the country for ten years.
What are the rules for absences under the 10 year long residence route?
Applicants must not exceed 184 days in a single absence or a total of 548 days for absences starting before 11 April 2024. From this date, applicants should not be absent for more than 180 days in any 12-month period.
How does the 11 April 2024 rule change affect my ILR application?
For absences before 11 April 2024, the rules remain that no single absence should exceed 184 days, and total absences should not exceed 548 days. After this date, the new limit is 180 days in any 12-month period.
Can I still apply if I exceed the absence limits?
Exceeding the absence limits may break your continuous residence and affect your eligibility. It is crucial to seek legal advice if your absences are close to or exceed these limits.
Is the new guidance final?
While the guidance has been updated for clarity, it is subject to change. Applicants should keep abreast of any future updates or legal interpretations.
By adhering to these updated guidelines and understanding the transitional provisions, applicants can better navigate the requirements of the 10 year long residence route.
Why Choose Our Specialist Immigration Solicitors
Navigating the complex UK Immigration Rules requires expert guidance. Our specialist Immigration Solicitors in London offer a client-tailored approach to ensure a successful long residence ILR application. Here’s why you should choose our leading Law Firm:
- Qualified Experts: Our team comprises solicitors and barristers specialising in immigration law, ensuring in-depth knowledge and expertise.
- Strategic Location: Based in the legal epicentre of London, we are strategically located near the Royal Courts of Justice, Immigration and Asylum Tribunal, and central London courts.
- Thorough Preparation: The success of your ILR application depends on meticulous preparation. Our expert legal representatives ensure all necessary documents are provided, reducing the risk of rejection.
- Client-Centric Approach: From the initial consultation, we assess your case and provide guidance on immigration status and application merit.
- Proximity to Decision Makers: Our proximity to key decision-making bodies enhances our ability to achieve optimal results for our clients.
Contact Our London Immigration Solicitors
For a comprehensive legal consultation and assistance with your long residence ILR application, contact our Immigration Team at 02030110276 or complete our contact form. Trust our expert Immigration Solicitors to guide you through the intricate process, maximising your chances of a successful outcome.