The 10-Year Long Residence Route to Indefinite Leave to Remain

The 10-year long residence route offers a path to settlement in the UK for those who have built their lives here over a decade. It is open to applicants who can demonstrate 10 years of continuous and lawful residence, regardless of the visa categories they held during that period. This makes it an important option for individuals whose visas might not normally lead to settlement, such as students or those switching between routes.

Sources of the Rules

Unlike some other immigration categories (for example, Skilled Worker, Innovator or Visitor) the 10-year long residence route is not contained in a single set of provisions. Applicants must look at several parts of the Immigration Rules to understand the full picture:

• Appendix Long Residence – the main requirements for qualifying under the 10-year route.

• Appendix Continuous Residence – sets out how absences are calculated, including the pre- and post-April 2024 rules.

• Appendix English Language – details on how to meet the English language requirement.

• Appendix KoLL (Knowledge of Life in the UK) – requirements for the Life in the UK Test.

• Home Office Guidance – particularly the Long residence guidance and Continuous residence guidance, which explain how caseworkers interpret and apply the rules in practice.

  
  

Together, these sources form the framework for long residence ILR applications. While Appendix Long Residence sets the foundation, applicants often need to cross-refer to at least three other appendices and the accompanying guidance to ensure all requirements are fully met.

What Counts as Lawful Residence

Lawful residence includes time spent in the UK with valid permission under most categories, such as student, work, graduate or family visas. Certain types of leave, however, do not count towards the 10-year period. These include time spent as a visitor, short-term student, Ukrainian scheme, or seasonal worker, as well as time on immigration bail or temporary admission. Periods of overstaying will normally break continuous residence, unless they are protected by limited exceptions under the Immigration Rules.

The New Requirement Introduced in 2024

From 11 April 2024, applicants must have held their current immigration permission for at least 12 months immediately before applying, unless they were exempt from immigration control during that time. This rule does not apply if the applicant’s current visa was granted before 11 April 2024, but it is now a key consideration for those approaching the 10-year mark.

Absences from the UK

The rules on absences are one of the most important aspects of the 10-year route, and they were also updated in April 2024.

• For residence accrued before 11 April 2024, applicants must not have spent more than 184 days outside the UK at any one time, and no more than 548 days in total across the 10-year period.

• For residence accrued after 11 April 2024, the test is different: applicants must not have spent more than 180 days outside the UK in any rolling 12-month period. Therefore, for 10-year periods which extend beyond 11 April 2024, there is no 548-day limit.

In practice that means that, in if someone’s qualifying period is, for example, 2017–2027, they are not bound by the 548-day total absence limit. They still need to make sure:

·       No pre-April 2024 absence was longer than 184 days, and

·       Post-April 2024 absences never exceed 180 days in any rolling 12-month block.

When calculating absences, the Home Office looks at the date of application and then works backwards through the 10-year qualifying period. This means the qualifying period is the 10 years immediately before the date the application is submitted. All absences during this time must fall within the permitted thresholds.

For absences after 11 April 2024, the “rolling 12-month” test applies, which is different from a calendar-year calculation. The Home Office assesses every 12-month block during the qualifying period, not just fixed years.

For example, if an applicant applies in August 2025, the Home Office will check each 12-month period between August 2015 and August 2025 to ensure no single block contains more than 180 days outside the UK.

Other Requirements - Indefinite Leave to Remain

In addition to continuous lawful residence, applicants aged between 18 and 65 must also satisfy the wider settlement requirements that apply to most ILR applications. These are designed to demonstrate integration into life in the UK and to ensure that applicants are suitable for permanent residence.

English language

Applicants must show knowledge of English at level B1 or above on the Common European Framework of Reference (CEFR). This can be met by passing a Secure English Language Test (SELT) approved by the Home Office, or in some cases by holding an academic qualification taught in English and recognised as equivalent. Nationals of majority English-speaking countries and certain other categories are exempt.

Life in the UK Test

This is a multiple-choice exam covering British history, culture, and everyday life. It is a mandatory requirement, but it only needs to be passed once, so if the test has been passed for an earlier application, it does not need to be retaken.

Good character requirement

The Home Office will assess whether the applicant has respected UK law and immigration rules during their time here. Serious or recent criminal convictions, immigration breaches, or unpaid debts to the Home Office can all lead to refusal. Even minor issues (for example, driving offences) may be considered, so applicants should disclose their full history and seek advice if they are unsure.

It is also important to note that dependants cannot be included on a 10-year long residence ILR application. Each family member must complete their own 10 years of continuous lawful residence before they can apply. Where family members do not yet qualify, they may be able to extend their stay under a different immigration category until they reach the 10-year threshold themselves. Careful planning is often required to make sure the whole family secures settlement at the right time.

Preparing for the Application

For many applicants, the main challenge lies in demonstrating their residence history. This involves keeping a detailed record of all travel dates, supported where possible by passport stamps, boarding passes, or official travel history requests. A good practice is to maintain a detailed log of all travel outside the UK throughout the qualifying period. This helps ensure accuracy when calculating absences, particularly under the rolling 12-month rule introduced in 2024.

Where records are incomplete, we can assist by submitting a Subject Access Request (SAR) to the Home Office on behalf of our clients, which can provide an official record of entries and exits to support the application. Presenting this information clearly at the outset can help avoid unnecessary delays or queries from the Home Office.

---

At Lace Law, we can assist with every stage of the process, from planning ahead and calculating absences, to checking the relevant Immigration Rules (which can be complex and scattered across different appendices), and preparing and submitting the application itself. Having professional support can provide peace of mind and reduce the risk of delays or refusals. Our expert team is here to guide you on your journey to securing indefinite leave to remain in the UK.