After 10 years of living in the UK lawfully you may eligible to apply for Indefinite Leave to Remain (ILR) also known as Long Residency / permanent residency / settlement, providing you meet the eligibility. International Work Permits (IWP) specialise in such applications (in some instances on a same day / premium basis)

Requirements for ILR under Long Residence

The main requirement is that you have permission to stay in the UK and have held a valid visa throughout your stay over the 10 years, the visas can be in any immigration category, or a combination of different immigration categories.

The criteria to apply under the Long Residence rules is as follows:

  • You have been in the UK lawfully for 10 years;
  • You have not breached any of the terms in connection with your visa;
  • Life in the UK Test – you will need to pass this test if you have not already done so;
  • Sufficient Knowledge of English Language – you must pass an approved English language test, have a qualification recognised by UK NARIC. Applicants who are from a majority English speaking country automatically meet this requirement;

What is continuous Residence and time spent in the UK which does not count towards it?

Continuous Residence is when you have spent 10 years in the UK lawfully without any gaps this does not include leaving the UK for short trips, i.e. holidays, business trips etc.

Time spent in the UK does not count as lawful residence under paragraph 276A of the Immigration Rules for third country nationals who have spent time in the UK as:

  • the spouse, civil partner or other family member of a European Union (EU)
  • an EEA national exercising their treaty rights to live in the UK but have not qualified for permanent residence
  • former family members who have retained a right of residence

During the time spent in the UK under the provisions of the EEA regulations, the individuals are not subject to immigration control, and would not be required to have leave to enter or leave to remain.

This not rule you out completely from applying if you have spent time in the as one of the above as the caseworker must apply discretion if this only makes up part of the time you have spent in the UK. We would be more than happy to speak with you and advise. 

The permitted absences under this route are as follows:

  • 180 days at a time
  • 540 in total over the 10 years
  • If you depart the UK after the expiry of your visa and submit a new entry clearance application within 28 days of your visa expiring
  • If you are in the UK with a right to reside under EEA regulations and leave and are re-admitted to the UK under these regulations.

If you have been in the UK and you spend more than the permitted time stipulated above or have spent time in:

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

Your continuous residence period will be classed as broken and you will fail to meet the requirements.

Applying for Indefinite Leave to Remain – Long Residence

An applicant can apply 28 days short of the 10 years in the UK. Please note, dependants can not apply on the same SET LR application as the main applicant. Dependants would need to apply in their own right, or if falling short of the 10 year qualification period, then apply under a spouse visa (FLR M).

What do we offer?

⇒ A detailed review of your circumstances to establish your eligibility to apply. 

⇒ The services of a leading UK Visa & Immigration specialist 

⇒ Gathering all your documents, ensuring that the information needed to support your application is correct, giving it the best possible chance of being accepted

⇒ Completion of your settlement application form (SET LR)

⇒ Completion of a detailed cover letter and copies of the supporting documentation for the Home Office caseworker

⇒ Booking of a same day appointment (if required) and representation of a member of staff on the day of the appointment

⇒ Regular contact giving you all the latest updates regarding your application and the laws in place by the Home Office

⇒ We only charge on approval 

⇒ We have successfully completed over 5000 settlement applications and have been registered with the OISC since 2005!

Call us for a FREE consultation: 0207 866 8170 

Click HERE for an online assessment form

Do not risk the disappointment and stress of refusal, when this can be avoided by a simple, no-obligation phone call: +44 (0) 207 866 8170