Non-UK nationals who have lived in the UK with lawful status for a continuous period of 10 years may qualify for long residence, also known as Indefinite Leave to Remain.
Continuous lawful residence requires the applicant to have not spent more than 18 months total outside of the UK during this 10 year period, additionally the applicant must not have spent more than 6 months at a time outside of the UK.
What are the requirements for ILR on 10 Years basis?
- You have spent a period of 10 years living in the UK continuously and lawfully
- Your period of residence was unbroken
- There are no public interest reasons why you should not be granted indefinite leave to remain
- There are no grounds such as criminal convictions upon which your application may be refused
- You meet the English language requirements and have passed the Life in the UK test
- You are not in breach of UK immigration laws.
Can the Home Office apply discretion on absences exceeding 540 days in applications for long residency?
The Home Office may discount excessive absences for ‘serious and compelling’ reasons such as:
- A serious illness of the applicant or a close relative
- A conflict
- A natural disaster, for example, a volcanic eruption or tsunami
You must provide evidence to the Home Office as to the reason for your excessive absences.
What documents are required for the ILR Long Residency application?
Generally, you must submit the following documents along with your ILR application:
- Your current passport or other valid travel ID
- Your BRP if you hold one
- Proof of English language ability
- Life in the UK test information
- Accommodation information
How long does the long residency application process take?
It usually takes up to 6 months for the UKVI (UK Visas and Immigration) to make a decision on your application. This may vary depending on your application circumstances.
You may expedite the decision on your long residency application by using the super-priority service. The super-priority service will normally provide a decision on your application in 24 hours.
How long does ILR last?
ILR does not have an expiry date, unlike UK visas leading to ILR. However, the biometric residence permit (“BRP”) which confirms a migrant’s status in the UK will expire after 10 years, therefore an application for a replacement card will need to made, unless the individual applies for British citizenship. ILR can lapse however, if the individual is outside of the UK for a continuous period of over 2 years. If that person then wishes to return to the UK they will have to make an application as a Returning Resident.
Using our Immigration Solicitors in London to submit a long residence ILR application
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a long residence ILR application.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your 10 year ILR application succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your ILR application meets the Immigration Rules.
Successful long residence ILR applications with our Immigration Solicitors in London
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your long residence ILR application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your long residence ILR application and ensure that you meet all the requirements of the relevant rules.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to a successful long residence ILR application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.
Contact our London immigration solicitors on 02071830570 or complete our contact form.