Indefinite Leave to Remain (ILR) – 10-year long resident

Our expert Immigration team assist our clients to enter the UK in several ways: Whether you want to start up a business in the UK, invest in a UK company, visit relatives & loved ones, work as a skilled worker or study as a student, we can help secure your entry into the UK.

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New Immigration Rules 2021

Indefinite Leave to Remain (ILR) – 10-year long resident

You can apply for ILR if you have been in the UK lawfully for 10 continuous years. This post sets out the requirements for an ILR application on the basis of 10 years lawful residence. Requirements

In order to meet the requirements for ILR on the grounds of 10 years residence, you will need to show that:

  • You have lived in the UK lawfully for at least 10 continuous years
  • Your 10-year period of residence is continuous and unbroken (see below)
  • You did not breach the Immigration Rules and kept to the terms of your visa
  • You meet the knowledge of language requirement
  • You have passed the ‘Life in the UK’ test
  • You have strong connections to the UK

You must also show that there are no general grounds for refusing your application and there are no public interest grounds to refuse your application.

Breaks in Continuous Residence

The Home Office will consider your continuous residence to be broken if:

  • You have been absent from the UK for more than 6 months at any one time.
  • You spent a total of 18 months outside the UK throughout the whole 10 year period.
  • You left the UK before 24 November 2016 with no valid leave to remain on your departure from the UK and failed to apply for entry clearance within 28 days of your previous leave expiring (even if you returned to the UK within 6 months).
  • You have spent a period without valid leave in the UK.
  • You received a custodial sentence by the court of law and were sent to prison.

Application Process

The ILR application is an online application. Once you submit your application, you will be required to provide supporting evidence of your 10-year continuous and lawful leave in the UK. The ILR application is a document-heavy application and a detailed history of your residence must be provided to ensure that your application is successful.

As part of the application process, you are also required to apply for a biometric immigration document, commonly known as a biometric residence permit (BRP).

Super Priority Service

The standard processing time for an ILR application is 6 months. You can apply for ILR using the super priority service for an extra £800 and you will receive a decision within 2 working days after proving your biometric information. Please note that this service is subject to availability: once the set number of customers who can use the super priority service is reached, this option will not appear on your online application.

Contact our Immigration Specialist

If you require expert advice and assistance with your Returning Resident visa, contact our Immigration Specialists on +4420 3588 3500 or complete our enquiry form below.

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