- Page Contents
- Specialist Long Residence Solicitors
- Super Priority Service
- Eligibility Requirements
- Absences From The UK
- Discretion For Excessive Absences
- Applicant On Temporary Admission / Immigration Bail
- ILR 10 Years Long Residence Documents
- Family Members Of SET(LR) Applicant
- Further Leave To Remain - 10 Years Long Residence
- How Can We Help?
- How Much We Charge?
- Useful Online Resources
- Frequently Asked Questions (FAQs)
You can apply for Indefinite Leave to Remain (ILR) on the basis of 10 years long residence after you have lived in the UK continuously and lawfully for 10 years. ILR 10 years long residence application is made by using application form SET (LR). The applicant for ILR 10 years long residence is required to meet the eligibility criteria as set out in paragraph 276B of the Immigration Rules. For the purposes of ILR under 10 years long residence category, the residence in the UK must be both continuous and lawful.
Our expert team of long residence solicitors specialise in ILR long residence applications. As long residence specialists lawyers, our long residence solicitors have wealth of knowledge and experience of successfully dealing with hundreds of ILR long residence applications. You can contact our expert team of long residence solicitors in London, Manchester or Birmingham for fast, friendly, reliable and affordable legal services for your ILR on the basis of 10 years long residence. The high quality of our service is self-evident from the reviews of our clients about the excellent legal services provided by our long residence solicitors. As expert long residence solicitors, we can provide super prioirty service for your SET (LR) application to be decided within 24 hours. Ask a question to our long residence solicitors for free immigration advice concerning your ILR long residence application.
As the expert immigration solicitors based in London, Manchester and Birmingham, we are registered with the Home Office, UK Visas & Immigration (UKVI) and its commercial partners UKVCAS Sopra Steria to provide Super Priority Service (SPS) for your application whereby decision on your application will be made by the Home Office UKVI within 24 hours of the submission of the application at a designated service centre.
Our ILR solicitors can prepare and submit your ILR application to the Home Office, UKVI through Super Priority Service (SPS) and get decision on your ILR application within 24 hours. This way, you will not have to wait for the decision on your ILR application for months (sometimes years).
The requirements for indefinite leave to remain on the basis of 10 years long residence are laid down in paragraph 276B of the Immigration Rules. The requirements for ILR on the basis of 10 years long residence include the following:
Completion Of 10 Years Lawful And Continuous Residence In The UK
For ILR application based on 10 years long residence, the applicant must have completed 10 years of continuous and lawful residence in the UK. An application for ILR on this basis can be made to the Home Office UKVI 28 days prior to the completion of 10 years long residence in the UK. Your 10-year qualifying period starts from either:
- when you arrived in the UK with a visa;
- when you were given permission to stay in the UK.
Also, for the purposes of 10 years long residence application, the 10 years period does not necessarily have to be last 10 years and it can be any continuous period of 10 years completed at any time in the past.
Not Falling For Refusal On Public Interest And Undesirability Grounds
Having regard to the public interest there should be no reasons why it would be undesirable for the applicant to be given indefinite leave to remain on the ground of long residence, taking into account his:
- age; and
- strength of connections in the United Kingdom; and
- personal history, including character, conduct, associations and employment record; and
- domestic circumstances; and
- compassionate circumstances; and
- any representations received on the person’s behalf.
Not Falling For Refusal Under General Grounds For Refusal
General grounds for refusal are set in part 9 of the Immigration Rules. An applicant applying for ILR under 10 years long residence should not fall for refusal on general grounds for refusal as given in part 9 of the Immigration Rules.
Knowledge Of Life In The UK And English Language
Unless the applicant for ILR under 10 years long residence is under the age of 18 or over the age of 65, he/she has to pass the Life in the UK test and English test in at level B1 in listening and speaking only. A person who is over 18 and under 65 may seek exemption from meeting the Life in the UK test and English language requirement if he/she is unable to meet these requirements due to medical reasons.
Not Currently Being In Breach Of Immigration Laws Except Where Paragraph 39E Applies
The applicant must not be currently in the UK in breach of immigration laws. However, an applicant who has not overstayed for more than 14 days can still make an application for ILR as an overstayer by virtue of paragraph 39E of the Immigration Rules.
Previous Periods Of Overstaying (Gap) Between Periods Of Leave
According to paragraph 276B(V), any previous period of overstaying (gap) between periods of leave will also be disregarded where –
- the previous application was made before 24 November 2016 and within 28 days of the expiry of leave; or
- the further application was made on or after 24 November 2016 and paragraph 39E of the Immigration Rules applied.
Continuous residence is not considered broken if the applicant:
- is absent from the UK for 6 months 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 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
If the applicant had existing leave to enter or remain when they left and returned to the UK, the existing leave does not have to be in the same category on departure and return.
If the applicant has been absent from the UK for more than 6 months in one period or more than 18 months in total, the application would normally be refused. However, it may be appropriate to exercise discretion over excess absences in compelling or compassionate circumstances, for example where the applicant was prevented from returning to the UK through unavoidable circumstances.
Things for the Home Office caseworker to consider when assessing if the absence was compelling or compassionate are:
For all cases
The Home Office caseworker should consider whether the applicant returned to the UK within a reasonable time once he was able to do so
For the single absence of over 180 days
The Home Office caseworker should consider:
- how much of the absence was due to compelling circumstances and whether the applicant returned to the UK as soon as they were able to do so;
- the reasons for the absence
For overall absences exceeding 540 days in the 10 year period
The Home Office caseworker should consider:
- whether the long absence (or absences) that pushed the applicant over the limit happened towards the start or end of the 10 year residence period, and how soon they will be able to meet that requirement
- if the absences were towards the start of that period, the person may be able to meet the requirements in the near future, and so could be expected to apply when they meet the requirements
- however, if the absences were recent, the person will not qualify for a long time, and so Home Office case worker should consider whether there are particularly compelling circumstances
All of these factors must be considered together when determining whether it is reasonable to exercise discretion.
According to the Home Office UKVI guidance on on 10 years long residence, if an applicant with temporary admission / immigration bail meets all the other requirements of rule 276B, discretion can be exercised by Border Force to grant them 6 months’ code 1 outside the Immigration Rules, so they can make an application in the UK on the basis of 10 years long residence.
The supporting documents are key to succeeding in an application for ILR on the basis of 10 years long residence. Supprting documents for ILR application may vary from case to case depending on the individual circumstances of the applicant. Generally, the following documents may be required for an application for ILR on the basis of 10 years long residence:
- All passports covering the relevant 10 years qualifying period of long residence;
- BRP card of the applicant;
- Life in the UK test of the applicant if the applicant is over the age of 18 and under the age of 65;
- Relevant document to satisfy the English language proficency at level B1 in listening and speaking only which could include English test certificate or degree level academic qualification or evidence of being national of a majority English speaking country;
- Any evidence of private and family life established in the UK;
- Any other evidence which may be relevant to address any particular issue in the long residence application including e.g. one of the previous passport is missing, the applicant exceeded permitted number of days absent from the UK; previous gaps in between the periods of leave to remain applications, etc;
- Any documents or information which is relevant to argue why the Home Office UKVI should exercise discretion to grant the application where the reliance is being made on discretion of the Home Office UKVI in approving the long residence application.
Our expert team of immigration solicitors can provide the specific list of documents upon assessing all the relevant circumstances of the applicant and after identifying issues, if any, in the long residence application.
Your family members (‘dependants’) can apply for ILR separately on the basis of 10 years long residence using form SET (LR) if they have also completed 10 years long residence in the UK. You cannot include your partner or child in your SET (LR) application. Your partner can apply for leave to remain in the UK as the partner of a settled person if they are not eligible to apply SET (LR) separately and your application for settlement [SET(LR)] is successful. They may be able to include their children in their application. Any children born in the UK can apply for registration as British Citizen as soon as either parent of the child has been granted ILR in the UK.
A person who has completed 10 years continuous and lawful residence in the UK can apply for further leave to remain for 2 years if he is unable to apply for Indefinite Leave to Remain due to non-custodial criminal conviction which is less than 24 months old or due to his inability to pass the English Test and/or Life in the UK test. Application for further leave to remain based on 10 years long residence is made using application form FLR (LR).
If instructed to represent you regarding your SET (LR) application on the basis of 10 years long residence, the casework carried out by our expert team of immigration solicitors will include the following:
- We will assess your eligibility for ILR on the basis of 10 years long residence by fully considering all your personal circumstances including your past immigration history, any previous gaps in between periods of leave, your absences from the UK, any issues surrounding good character requirement etc.
- We will advise you on all the relevant requirements for ILR 10 years long residence, ;
- We will discuss your immigration case in detail with you and advise you about the weaknesses and strengths of your immigration case;
- We will advise you about the documentary evidence to be submitted in support of your SET(LR) application;
- We will assess the documentary evidence to be submitted in support of your SET(LR) application and discuss the same with you;
- We will complete the SET (LR) form online, submit the same online, help you pay the application fee online, help you choose either standard service or Super Priority Service for your application and book your appointment with the UKVCAS application centre for the enrolment of your biometrics;
- We will prepare a cover letter to introduce and support your SET(LR) application;
- We will upload all the supporting documents online on UKVCAS online portal;
- We will liaise with the Home Office, UKVI for a timely decision on your SET(LR) application;
- We will protect your interests while your application is pending with the Home Office and respond to any enquiries made by the Home Office UKVI in relation to your pending SET (LR) application;
- Where necessary, we will make further representations or provide further documentary evidence in support of the pending SET(LR) application;
- We will do all the follow up work until decision is reached on your SET (LR) application.
Unless your matter is extremely complicated, our fees for ILR on the basis of 10 years long residence are as given in the fee table below:
|Our Service||Our Fee|
|Full service for ILR 10 years long residence to cover all the work until decision by the Home Office UKVI||From £800 + VAT To £1,500 + VAT|
The agreed fixed fee will depend on the complexity of your ILR application and the volume of casework involved in the application. In addition to our fixed fee for ILR on the basis of 10 years long residence, the applicant will also have to pay the Home office UKVI fees for the ILR application.