Since 11 April 2024, a significant update has been made to the UK Immigration Rules with the introduction of Appendix Long Residence. This new appendix outlines the Long Residence indefinite leave to remain (ILR) route, which allows individuals who have lawfully and continuously resided in the UK for 10 years or more to apply for settlement. This article delves into the details of these changes, providing an in-depth analysis of the updated rules and their implications. It also highlights why instructing DJF Lexvisa Solicitors, a leading London immigration law firm, is essential for successfully navigating this complex process.
Key Changes to the 10-Year Long Residence ILR Rules
Requirement for Previous Permission
One of the most notable changes in the new rules is the requirement for applicants to have had their current permission for at least 12 months before applying for ILR, unless exempt. This aligns with broader settlement requirements and is intended to ensure that applicants have a stable immigration status before seeking permanent residency.
Specifics of the Rule
The new rule, LR 11.3, states that an applicant must have had permission on their current immigration route for at least 12 months as of the application date. However, if the current permission was granted before 11 April 2024, this requirement does not apply (LR 11.4). This change potentially delays some ILR applications, as those granted permission post-11 April 2024 might need to wait longer than the tenth anniversary of their entry to meet this criterion.
Qualifying Period for Long Residence
Under the new rules, the qualifying period of 10 years must be spent lawfully in the UK, excluding time spent as a visitor, short-term student, or seasonal worker. Additionally, the period can include time spent as an EEA national or their family member exercising treaty rights before Brexit.
Detailed Breakdown
The pre-11 April 2024 rules allowed discretion in considering time spent in the UK by EEA nationals exercising treaty rights. The new Appendix clarifies this, making it explicit that such periods count towards the 10-year requirement, providing clearer guidance than relying on caseworker discretion.
Continuous Residence Requirement
The continuous residence requirement now references Appendix Continuous Residence. The significant change here is the removal of the 548-day limit on absences, which is replaced by a new approach that counts single absences and annual limits.
Updated Absence Rules
For absences, the new rules state:
– Single absences before 11 April 2024 must be no longer than 184 days.
– The 10-year period must not have total absences exceeding 548 days if completed before 11 April 2024.
– Post-11 April 2024, the limit is 180 days per any 12-month period.
This change benefits individuals, such as young students, who may have had extended holidays.
Transitional Provisions
The new rules are not applied retroactively. Those who completed their qualifying period before 11 April 2024 must adhere to the old absence limits. Furthermore, the option to rely on a historic 10-year qualifying period has been removed, meaning applicants cannot use a past period that meets the old criteria.
Knowledge of English and Life in the UK
Applicants must still pass the Life in the UK test, but the requirements for demonstrating English proficiency have been slightly relaxed, allowing reliance on GCSE or A-Level qualifications.
Why Instruct DJF Lexvisa Solicitors?
Navigating the updated Long Residence ILR rules can be complex, with numerous detailed requirements and potential pitfalls. Engaging DJF Lexvisa Solicitors, a leading London immigration law firm, offers several advantages:
– Expert Guidance: The firm’s deep understanding of the new Appendix Long Residence ensures that applications are meticulously prepared, significantly reducing the risk of errors and delays.
– Strategic Advice: DJF Lexvisa Solicitors can provide tailored advice on meeting the 12-month current permission requirement, strategically planning the timing of your application to maximise your chances of success.
– Comprehensive Support: From initial consultation to document preparation and submission, the firm offers comprehensive support throughout the entire process.
– Handling Complex Cases: If your case involves complex issues such as significant absences or periods of overstaying, the firm’s expertise in immigration law is invaluable in addressing these challenges effectively.
Conclusion
The changes to the 10-year Long Residence ILR route, as outlined in the new Appendix Long Residence, present both opportunities and challenges for applicants. While the new rules provide greater clarity and flexibility in some areas, they also impose stricter requirements that could delay applications for some individuals.
Given the complexities involved, instructing DJF Lexvisa Solicitors, a leading London immigration law firm, is highly recommended. Our expertise will ensure that your application is prepared to the highest standards, giving you the best possible chance of securing indefinite leave to remain in the UK. Contact our specialist immigration solicitors today.