ILR 10 Years Long Residence – [SET (LR) Application]

You can apply for ILR based on 10 years long continuous lawful residence. Indefinite leave to remain is how you settle in the UK. It’s also called ‘settlement’. It gives you the right to live, work, and study here for as long as you like, and apply for benefits if you’re eligible.

Our UK immigration lawyers for 10 years long residence ILR can assist you make an application under super priority service for a decision within 24 hours. The Long Residence route is for a person who has lived in the UK lawfully and continuously for 10 years or more. The person can count time with permission on most routes towards the 10 year qualifying period.

The Home Office announced new appendix for SET LR application. Therefore, applications for ILR 10 years long residence will be considered under Appendix Long Residence.

How to apply for a 10-year-long residence ILR?

You must apply online for indefinite leave to remain. Once you’ve started your application, you can save your form and complete it later.

The applicant for ILR 10 years long residence is required to meet the eligibility requirements as set out in paragraph 276B of the Immigration Rules. For ILR under 10 years long residence category, the residence in the UK must be both continuous and lawful for the applicant to succeed in his/her ILR application.

A person who has lived in the UK for a long period but has not been lawfully and continuously resident for 10 years may be eligible to apply under Appendix Private Life.

Deluxe Law Chambers solely specialises in UK visas & immigration and therefore we provide high-quality UK visa and immigration services to our clients. The quality service provided by our UK immigration lawyers is self-evident from our 5-star Google Reviews.

10 year long residence documents required

When applying for ILR based on 10 years of continuous lawful residence in the UK, you need to provide the following documents to support your application:

  • Current passport and any previous passports showing your presence in the UK
  • Your current BRP Card
  • Evidence of continuous and lawful residence in the UK
  • Evidence of English language proficiency
  • Life in the UK test certificate
  • Any evidence of your private and family life established in the UK during the past 10 years
  • Any evidence or information to prove exceptional circumstances or reasons why your application must be approved if relying on Home Office’s discretion

apply for indefinite leave to remain after 10 years

Once an applicant has built up 10 years of continuous lawful residence, there is no limit on the length of time afterward when they can apply. This means they could leave the UK, re-enter on any lawful basis, and apply for settlement from within the UK based on 10 years of continuous lawful residence they built up in the past. There is also nothing to prevent a person from relying on a 10-year period that they may have relied on in a previous application or grant.

To discuss your 10 years lawful residence ILR application, you can call our experienced ILR immigration lawyers on 01614644140 or 07827126843. You can book an appointment with our indefinite leave to remain lawyers to discuss your immigration matter.

What is 10 year of continuous residence uK?

If you have lived lawfully in the UK for ten years without breaching immigration rules, regardless of the type of visa you have held, you may be eligible to apply for Indefinite Leave to Remain (ILR) based on long residence. This ILR 10 Years Long Residence application allows individuals with ten years of continuous residence in the UK to qualify for ILR.

what is the Definition of continuous lawful residence

The lawful residence is defined in paragraph 276A of the Immigration Rules as a period of continuous residence in which the applicant had one of the following:

  • existing leave to enter or remain, except this, cannot include time with entry clearance or permission under Appendix V: Visitor, Appendix Short-term Student (English language), or Appendix Temporary work – Seasonal Worker
  • an exemption from immigration control, including where an exemption ceases to apply if it is immediately followed by a grant of leave to enter or remain

Lawful residence does not include time spent on immigration bail (including time spent with temporary admission and temporary release).

What are the requirements for the 10 years long residence ILR?

The process to apply for indefinite leave to remain based on 10 years of lawful residence is complex in nature. It takes a considerable amount of time and effort to prepare a flawless and successful ILR application. Therefore, you must meet the following requirements to be eligible for indefinite leave to remain after 10 years of lawful residence in the UK:

  • the applicant must have at least 10 years of continuous lawful residence in the UK
  • the applicant meets the knowledge of language and life in the UK test requirement
  • the application does not fall for refusal under the grounds of refusal
  • there is no reason why granting the ILR is against the public good
  • you must have not been in breach of immigration laws except for any period of overstaying for 28 days or less which will be disregarded where the period of overstaying ended before 24 November 2016 OR where overstaying on or after 24 November 2016, leave was never the less granted in accordance with paragraph 39E of the immigration rules – for more information on overstaying, see applications from overstayers (non-family routes)

Events That Break Continuous Residence

Continuous residence is considered to be broken if the applicant has:

  • been absent from the UK for more than 6 months (184 days) at any
    one time
  • spent a total of 18 months (548days) outside the UK throughout the whole 10
    year period
  • left the UK before 24 November 2016 with no valid leave to remain on their
    departure from the UK, and failed to apply for entry clearance within 28 days of
    their previous leave expiring (even if they returned to the UK within 6 months
    (184 days))

Time spent outside the UK (Absences)

Continuous residence is not considered broken if the applicant:

  • is absent from the UK for 6 months (184 days) or less at any one time
  • had existing leave to enter or remain when they left and when they returned –
    this can include leave gained at the port when returning to the UK as a non-visa national
  • departed the UK before 24 November 2016, but after the expiry of their leave to
    remain, and applied for fresh entry clearance within 28 days of that previous
    leave expiring, and returned to the UK within 6 months (184 days)

Super Priority Service For ILR 10 Years Long Residence

As specialist immigration lawyers for SET (LR) applications, our immigration lawyers can submit your application to the UKVI, Home Office under super priority service for fast track decision within 24 hours. The super priority fee for ILR is £1000.

If you’re applying to settle based on 10 years of lawful residence, you can pay an extra £1,000 for the super priority service.

English Language requirement for settlement on the Long Residence route

Unless an exemption applies, the applicant must show English language ability on the Common European Framework of Reference for Languages in speaking and listening of at least level B1.

How early can I apply for ILR application?

You should make an application for ILR before the expiry of your current leave to remain. You cannot apply more than 28 days before completing the qualifying period of continuous 10 years.

What is the Home Office fees for SET (LR) application?

The Home Office fee for indefinite leave to remain is £2,885.

What is the processing time for 10 years long residence ILR application?

The processing time for 10 years long residence ILR is around 3 to 6 months.

Our legal fee for an indefinite leave to remain application starts from £1000.

Qualifying period requirement for settlement on the Long Residence route

The applicant must have spent a qualifying period of 10 years lawfully in the UK, for the entirety of which one or more of the following applied:

  • (a) the applicant had permission, except permission as a Visitor, Short-term Student (English language) or Seasonal Worker (or under any of their predecessor routes); or
  • (b) the applicant was exempt from immigration control; or
  • (c) the applicant was in the UK as an EEA national, or the family member of an EEA national, exercising a right to reside under the Immigration (European Economic Area) Regulations 2016 prior to 11pm on 31 December 2020 (and until 30 June 2021 or the final determination of an application under Appendix EU made by them by that date).

The following periods will not count towards the qualifying period for Long Residence:

  • (a) time spent on immigration bail, temporary admission or temporary release; and
  • (b) any period of overstaying between periods of permission before 24 November 2016 even if a further application was made within 28 days of the expiry of the previous permission; and
  • (c) any period of overstaying between periods of permission on or after 24 November 2016 even if paragraph 39E applies to that period of overstaying; and
  • (d) any current period of overstaying where paragraph 39E applies.

    The applicant must have had permission on their current immigration route for at least 12 months on the date of application, or have been exempt from immigration control in the 12 months immediately before the date of application.

    Why choose us for your 10 years long residence ILR application?

    Choosing the right and best immigration lawyer for your immigration needs can be stressful. While it could seem like a difficult choice, let us simplify things for you. Here are a few good reasons why you should choose Deluxe Law Chambers to assist you with your UK visas and immigration matters.

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    So, why wait? Take your first step towards a successful immigration application with us.

    Frequently Asked Questions for SET (LR) Application

    Is Section 3C leave counted towards 10 years long residence to qualify for ILR?

    Yes, any time spent in the UK under section 3c leave counts towards 10 years of residence in the UK for 10 years long residence ILR.

    Can a child under 18 apply for SET (LR) on the grounds of 10 years lawful residence?

    Yes, a child who has completed 10 years continuously and lawfully in the UK can apply for ILR based on 10 years long residence.

    How long does it take to get a decision on an ILR application?

    It can take up to six months.

    What if I do not meet any of the requirements, can I extend my limited leave?

    Limited leave to remain is granted under paragraph 276A2 of the long residence category of the Immigration Rules, and not as an extension of their previous category of limited leave to remain. This means an applicant must meet the rules for long residence, and not the rules for their previous category.

    What happens if my 10 years long residence ILR application is refused?

    If your long-residence ILR application is refused, you can appeal the decision.

    Can I apply for 10 years long residence ILR if I have gaps in my stay?

    Gaps in your stay can break your 10-year residence requirement, but certain exceptions may apply, such as absences for work or study.

    Do I need to take the Life in the UK test for 10 years long residence ILR?

    Yes, you will need to pass the life in the UK test and the B1 English language test to apply for 10 years long residence ILR.

    Can I include time spent in prison towards my 10-year requirement?

    Continuous residence is broken if an applicant receives a custodial sentence by a
    court of law and is sent to:

    • prison
    • a young offender institution
    • a secure hospital

    Any time the applicant spends in one of the above establishments does not count as continuous leave to meet 276A and 276D of the Immigration Rules. Any leave accumulated before sentencing will be disregarded and only residence after release from custody will be counted as continuous residence. Continuous residence is not broken if an applicant receives a suspended sentence from a court of law. It is also important to note that time spent on remand awaiting trial does not break continuous residence.

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