ILR 10 year route Guidance 2024

This ILR 10 year route guidance 2024 will tell you how to apply for Indefinite leave to remain (ILR) based on long residence in the UK.

10 Years Long Residence ILR Application Guide

Our team of immigration lawyers is here to ensure you submit an error-free indefinite leave to remain application under 10 year long residence.

Requirements for ILR 10 Years Route

You must meet all the requirements of Part 7, paragraph 276B to be granted indefinite leave to remain, including that you have completed at least 10 years continuous lawful residence in the UK.

Definition of 10 Years Continuous Lawful Residence

Continuous and lawful residence is defined in Paragraph 276A of the immigration rules. To count towards 10 years of lawful residence, the residence must be continuous and lawful.

What counts as lawful residence in the UK?

The lawful time includes any time spent in the UK with permission to stay under a Student visa under Appendix Student Route or Tier 4, even if the permission is granted for a shorter period.

Lawful – You must have maintained valid leave to remain over the period of 10 years. As long as you were consistently covered by a valid visa over the ten years and have never been deported from the UK, then your residence is considered to have been ‘lawful’.

What Is Continuous Residence In The UK?

According to UK Immigration Rules, “continuous residence” means residence in the United Kingdom for an unbroken period, and for these purposes a period shall not be considered to have been broken where an applicant is absent from the United Kingdom for a period of 6 months or less at any one time, provided that the applicant in question has existing limited leave to enter or remain upon their departure and return, but shall be considered to have been broken if the applicant:

• has been removed under Schedule 2 of the 1971 Act, section 10 of the 1999 Act, has been deported or has left the United Kingdom having been refused leave to enter or remain here; or
• has left the United Kingdom and, on doing so, evidenced a clear intention not to return; or
• left the United Kingdom in circumstances in which he could have had no reasonable expectation at the time of leaving that he would lawfully be able to return; or
• has been convicted of an offence and was sentenced to a period of imprisonment or was directed to be detained in an institution other than a prison (including, in particular, a hospital or an institution for young offenders), provided that the sentence in question was not a suspended sentence; or
• has spent a total of more than 18 months absent from the United Kingdom during the period in question.

Eligibility for Indefinite Leave to Remain with 10 Years Long Residence

Before tackling the subject of ‘continuous and lawful residence,’ we should point out the following requirements:

• You are currently covered by a valid UK visa.
• You have sufficient knowledge of the English language,
• You have the ability to pass a life in the UK test.
• There is no time limit for applications, and it can be based on a ten-year period from any time in the past, as long as you currently obtain a valid visa.
• It would not be against the public interest to grant you indefinite leave to remain.

Indefinite Leave to Remain (ILR) and Breach of Immigration Laws

One of the requirements for ILR under the 10 years long residence rule is that you must not be in breach of immigration laws.  The only exception is that any period of overstaying for 28 days or less will be disregarded where the period of overstaying ended before 24 November 2016 or where the overstaying was on or after 24 November 2016 and leave was nevertheless granted under paragraph 39E of the Immigration Rules.

English Language and Life In the UK for 10 Years ILR Applications

If you’re aged 18 and 65 years old, your 10 years long residence ILR application must demonstrate that you have sufficient knowledge of the English language and have passed the Life in the UK test .

Contact Our 10 Years Long Residence ILR Application Immigration Lawyers

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