How to prepare a successful long residence ILR application

Indefinite Leave to Remain (“ILR”) in the UK means a person is settled and therefore free from immigration restrictions such as no recourse to public funds. Applicants for British citizenship must typically have held ILR for 12 months before being able to apply. There are different routes to settlement; either 5 years or 10 years. For 10 year long residence ILR applications, Applicants must be able to demonstrate continuous lawful residence in the UK for 10 years and meet all other eligibility requirements dependent on their UK visa history. Our Immigration Solicitor in London regularly prepare successful 10 year long residence ILR applications and can prepare bespoke representations in support of the application, especially when the case is of a complex nature. Therefore, please get in contact with our team to arrange a consultation and discuss your matter in more detail.

What is 10 year long residence ILR?

The 10 year long residence ILR route is for Applicants who either did not meet all of the requirements for their family life visa to be put on the standard 5 year route, but due to their circumstances were still granted the visa or for those who have spend 10 years in the UK under different visa categories or there was no 5 year route available. Examples of possible leave to be counted towards long residence visas include (but are not limited to):

  • 10 years on Tier 4 student visas (as this does not provide a 5 year settlement route);
  • Combined Tier 4 leave with Tier 2 leave;
  • Combined Tier 1 (General) or Tier 1 (Entrepreneur) leave with Tier 2 leave (please note that these Tier 1 categories are closed to new Applicants);
  • Combined Tier 5 YMS leave with Tire 2 leave;
  • Combined Tier 2 leave with leave as the spouse or partner of a British or settled person;
  • 10 years as the family member or a British or settled person under Appendix FM who did not qualify for the 5 year settlement route.

How many days you can stay outside UK for ILR?

For long residence ILR applications, Applicants are not allowed to have spend more than 540 days in total outside the UK during their 10 year qualifying period. This is because the Home Office needs to be satisfied that the Applicant’s primary country of residence is the UK. However, the Home Office may use discretion and still grant the ILR if there are excess absences from the UK, but only in exceptional circumstances. Our Solicitors have successfully dealt with cases where there have been excess absences from the UK and we can use our experience and expertise to put forward the necessary arguments and documents.  

Can I apply for ILR after 5 years in 10 years route?

No; if an Applicant is on the 10 year route to settlement then they will have to wait 10 years in order to apply for ILR, not 5 years. It may also be possible for some Applicants to switch from the 10 year route to the 5 year route (for family applications under Appendix FM) if they can demonstrate that they can now meet all of the requirements. Applicants should be aware that they cannot use any time they have spent on the 10 year route to count towards the 5 year route and if successful in switching to the 5 year route, the “clock” will essentially reset. Therefore, this may not also be the best options for certain individuals depending on how long they have already spent on the 10 year route.

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.

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