ILR 10 year route guidance

Key Changes to the 10-Year Long Residence ILR Rules

Appendix Long Residence, introduced on 11 April 2024, replaces the old long residence rules that were buried in paragraph 276A–276D of the Immigration Rules. This update clarifies and restructures the 10-year Long Residence ILR route, but it also introduces some significant changes—both positive and restrictive.

New 12-Month Permission Requirement

One of the most notable updates is the requirement for applicants to have held their current immigration status for at least 12 months before applying for ILR.

New rule (LR 11.3):

• Applicants must have had permission on their current immigration route for at least 12 months on the date of application.
• Those exempt from immigration control in the 12 months before the application also qualify.
• This requirement does not apply to those granted permission before 11 April 2024 (LR 11.4).

Impact:

• This change delays ILR eligibility for some applicants, particularly those switching visa categories after 11 April 2024.
• Short-term visa holders (e.g., Visitors and Short-term Students) are ineligible under this rule.

Qualifying 10-Year Residence Requirement

Under the revised rules, applicants must demonstrate 10 years of continuous lawful residence, excluding certain visa types and overstaying periods.

New rule (LR 11.1): The 10-year period must be completed under one or more of the following conditions:

• Holding valid permission, except as a Visitor, Short-term Student (English Language), or Seasonal Worker.
• Being exempt from immigration control.
• Being an EEA national or their family member who exercised treaty rights before 31 December 2020.

Overstaying Rules (LR 11.2):

• Time on immigration bail or temporary admission does not count.
• Any period of overstaying breaks continuous residence, even if covered under Paragraph 39E exceptions.

Continuous Residence Requirement & Absences

Removal of 548-Day Limit on Absences

Previously, applicants were limited to 548 days of total absences during the 10-year period. The new rules introduce more flexible absence limits:

• Absences before 11 April 2024:
  • No single absence over 184 days.
  • Total absences must not exceed 548 days.
• Absences after 11 April 2024:
  • Applicants must not have been outside the UK for more than 180 days in any 12-month period.

Exceptions for Excess Absences (Appendix Continuous Residence):

• Humanitarian or environmental crises.
• COVID-19 travel disruptions.
• Research activities by Skilled Workers or Global Talent visa holders.
• Accompanying partners on Crown Service duties.

Impact:

• This is a major benefit for students and others with long absences over a decade.
• Those who completed their 10-year period before 11 April 2024 cannot benefit from the new rules.

English Language & Life in the UK Requirements

• The Life in the UK test remains mandatory.
• English language requirements now allow reliance on GCSEs and A-levels in English, making it easier for some applicants to qualify.

Conclusion: What These Changes Mean for Applicants

The 2024 changes to the 10-Year Long Residence ILR rules bring both advantages and challenges: ✅ Easier ILR access for young students and those with high absences. ❌ Delays for those granted visas after 11 April 2024 due to the new 12-month requirement. ❌ No more ILR based on a historic 10-year period. ✅ Clearer rules for EEA nationals who exercised treaty rights.

Given these changes, applicants must carefully assess their eligibility before applying. Seeking expert immigration advice is now more crucial than ever.

Need Expert Advice on a Long Residence ILR Application?

If you need guidance on your 10-Year Long Residence ILR application, our expert immigration lawyers can help. Contact Deluxe Law Chambers in London for professional legal assistance.

📞 Call us today: 01614644140
📩 Book an appointment online