UK Long Residence

The Immigration requirements for Indefinite Leave to remain in the UK (also known as settlement), were subject to revamp in April 2024.  Appendix Long Residence replaced the previous provisions in Part 7 of the Immigration Rules as well as introduced the policy change and inclusion of the temporary permission to stay on the Long Residence route.

The key points for temporary permission to stay in the UK:

• The qualifying period is 10 years of lawful residence in the UK
• Permission to remain in the UK as a Visitor, Short-term Student (English language) or Seasonal Worker cannot be counted toward the 10-year period
• Time spent on immigration bail, temporary admission or temporary release cannot be counted toward the 10-year period, as well as some periods of overstaying
• The application is subject to the payment of Immigration Health Surcharge
• The applicant cannot be in breach of immigration law or fall under refusal on general grounds
• For any part of the 10-year period that falls before 11 April 2024, the applicant must not have been outside the UK for more than 184 days at any one time and no more than 548 days in total
• For any part of the 10-year period that falls after 11 April 2024, the applicant must  not have been outside the UK for more than 180 days in any 12-month period

The applicant will be granted permission to remain in the UK for a period of 2 years if the application succeeds.

The key points for settlement in the UK:

• The qualifying period is 10 years of lawful residence in the UK
• Permission to remain in the UK as a Visitor, Short-term Student (English language) or Seasonal Worker cannot be counted toward the 10-year period
• Time spent on immigration bail, temporary admission or temporary release cannot be counted toward the 10-year period, as well as some periods of overstaying
• The applicant cannot be in breach of immigration law or fall under refusal on general grounds
• The applicant must have had permission on their current visa route for 12 months before applying for settlement, or have been exempt from immigration control in the 12-month period immediately before the date of application. This does not apply if the current permission was granted before 11 April 2024
• For any part of the 10-year period that falls before 11 April 2024, the applicant must not have been outside the UK for more than 184 days at any one time and no more than 548 days in total
• For any part of the 10-year period that falls after 11 April 2024, the applicant must  not have been outside the UK for more than 180 days in any 12-month period
• The application is subject to compliance with the English language requirement (level B1 CEFR in listening and speaking) and with the Knowledge  of Life in the UK requirement (Life in the UK test)

Our Immigration team has many years of experience in assisting applicants with the most complex Long Residence applications. Do not hesitate to get in touch with our Immigration Team for a quick assessment or comprehensive legal advice.