ILR 10-Year Long Residence Route

What this article is about: This guide explains how individuals who have lawfully lived in the UK for 10 continuous years can qualify for Indefinite Leave to Remain (ILR) under the Long Residence route. It sets out eligibility rules, what counts as lawful residence, how to calculate absences, the application process, and how to address refusals or gaps in status.

Section A – Legal Framework and Eligibility

The 10-year Long Residence route is a provision under the UK Immigration Rules allowing individuals who have lived lawfully and continuously in the UK for a decade to apply for Indefinite Leave to Remain (ILR). This route recognises long-term residence as evidence of integration and stability in the UK.

The legal basis for ILR on this route is found under paragraph 276B of the Immigration Rules (for applications made before 11 April 2024) and now under Appendix Long Residence for current applications. Both provisions require continuous lawful residence in the UK for at least ten years, compliance with absence limits, and satisfaction of the general grounds for leave to remain.

To qualify, an applicant must show:

• At least 10 years of continuous lawful residence in the UK under valid immigration status
• No breaches of the Immigration Rules or periods of overstaying beyond permissible exceptions
• Good character and compliance with immigration laws
• Passage of the Life in the UK Test
• Meeting the English language requirement (normally CEFR level B1 or higher)
• No general grounds for refusal under Part 9 of the Immigration Rules (e.g. criminality, deception)

Most lawful residence periods include time spent on various visa categories, such as:

• Student or Tier 4 visas
• Skilled Worker or Tier 2 visas
• Spouse, Partner or Family visas
• Other lawful temporary permissions (e.g. Graduate or Tier 5)

Importantly, time spent on visitor, short-term student or temporary admission periods does not count toward the 10-year total. Applicants must also hold valid leave at the time of applying.

Summary: Eligibility for ILR under the Long Residence route depends on continuous lawful stay for ten years, a lawful immigration history, and compliance with English and integration requirements. It is one of the few routes that allows individuals to achieve settlement through accumulated time across different visa categories.

Section B – Continuous Lawful Residence Requirements

What “continuous lawful residence” means

Continuous lawful residence is time spent in the UK with valid permission, without a break in your leave or a break in residence. You can combine different qualifying routes over the 10 years, provided each period was lawful and the whole period satisfies the continuity rules in force at the date of application.

Counting leave that qualifies

Time usually counts if you held permission such as Student (Tier 4), Skilled Worker (Tier 2), Partner/Family, Graduate, Start-up/Innovator, or other routes that grant leave to enter or remain. Short-term categories like Visitor and Temporary Admission do not count. Time on immigration bail never counts.

Absence limits: pre-11 April 2024 vs current rules

Applications assessed under paragraph 276B (legacy): caseworkers applied a total cap of 540 days’ absence across the 10-year period and no single absence over 180 days, with narrow discretion for compelling reasons.

Applications under Appendix Long Residence (current): the definition of continuity follows Appendix Continuous Residence. The usual limit is absences of up to 180 days in any 12-month period, with limited exceptions for compelling or compassionate circumstances. There is no general overall 10-year cap, but frequent or lengthy trips can still break continuity if they exceed the rolling 12-month limit or show that the UK was not the main home.

Always assess which rule set applies to each segment of residence and to the application date, then apply the more recent framework where required by Appendix Long Residence.

What breaks lawful residence

• Overstaying beyond any period that may be disregarded under the Rules
• Exceeding permitted absence limits
• Removal, deportation, or departing the UK after refusal without valid leave
• Periods on immigration bail or as a visitor/temporary admission between visas

Short, excused gaps may be disregarded if they fall within the Rules (for example where previous policy allowed limited reliance on paragraph 39E). Outside those narrow provisions, gaps normally break the 10-year clock and you must rebuild continuity.

Switching visas and continuity

Switching between qualifying routes does not in itself break continuity if you applied in time and kept lawful status throughout. If a switch required you to leave the UK and re-enter, check whether you had valid entry clearance at re-entry and whether your time abroad complied with the absence limits.

Evidence and calculation

• Construct a dated timeline covering the full 10-year span, including visa grant and expiry dates, and all travel in and out of the UK
• Use passports, BRPs, Home Office letters, visas, and HMRC/education records to prove lawful presence
• Calculate absences day by day; keep evidence for any period you rely on discretion (medical documents, employer letters, compassionate proof)
• Ensure you hold valid permission on the date of application

Summary: You must show an unbroken decade of lawful permission and compliant absences. The current framework mirrors Appendix Continuous Residence with a 180-day rolling 12-month limit and narrow exceptions. Any unlawful gap, excessive absence, or period on bail will usually reset the clock.

Section C – Application Process and Evidence

When to apply

You can apply for Indefinite Leave to Remain under the 10-year Long Residence route up to 28 days before completing 10 full years of continuous lawful residence. Applying earlier than this may lead to refusal. Applicants must hold valid permission on the date the application is submitted.

How to apply

The ILR (Long Residence) application is submitted online through GOV.UK. After completing the form, applicants are required to pay the fee, book and attend a biometric appointment, and upload or submit supporting evidence. Applications are processed by UK Visas and Immigration (UKVI).

The application process involves:

• Completing the online form “Set (LR)”
• Paying the Home Office fee (£3,029 from 9 April 2025)
• Paying the biometric enrolment fee (£19.20)
• Uploading supporting documents
• Attending a UKVCAS biometric appointment
• Awaiting a Home Office decision (standard or priority service)

Supporting documents

Evidence is critical to demonstrate 10 years of lawful residence. Typical documentation includes:

• Passports covering the entire 10-year period
• Biometric Residence Permits (BRPs)
• Home Office letters or visa approvals showing lawful leave
• Entry and exit stamps and travel records for absence calculation
• Evidence of residence such as tenancy agreements, utility bills, payslips, or education enrolment letters
• Life in the UK Test pass certificate
• Proof of English language qualification (B1 or above)

Documents must be clear, current, and demonstrate compliance with immigration conditions throughout the qualifying period.

Priority and standard processing times

UKVI offers a standard processing timeframe of around 6 months. Priority services, when available, may provide a decision within 5 working days for an additional fee. However, availability can vary depending on demand and the applicant’s case complexity.

Calculating the 10-year qualifying period

The 10-year period is calculated from the date you first lawfully entered the UK or were granted leave to remain, up to the date of the ILR application. Applicants must ensure there are no breaks in leave, and that absences fall within the permitted limits.

For example, if your first valid visa was granted on 15 November 2015, you can apply for ILR from 18 October 2025 (28 days before completing 10 years).

Legal assistance and representation

Given the complexity of long residence applications—especially where absences or gaps exist—legal representation can be helpful in ensuring the evidence is properly presented and discretionary arguments are framed according to Home Office guidance.

Summary: The ILR Long Residence application requires precise calculation of the qualifying period, comprehensive documentary evidence, and proof of lawful stay. Submitting the form online, maintaining valid leave, and ensuring all absences and documents are accounted for are essential to success.

Section D – Common Refusals and Appeals

Typical reasons for refusal

Applications under the 10-year Long Residence route can be refused if the applicant fails to meet any of the prescribed criteria. The most frequent reasons include:

• Unlawful residence or gaps in leave – where the applicant overstayed or had a break in permission not covered by a permitted exception
• Excessive absences – absence beyond 180 days in any 12-month period, or evidence suggesting the UK was not the main home
• Incorrect calculation of the qualifying period
• Failure to prove lawful residence – missing passports, expired BRPs, or incomplete evidence of leave
• Character or conduct concerns – criminal convictions, false information, or outstanding litigation with the Home Office
• Failure to meet the Life in the UK Test or English requirement

Each refusal notice will specify which requirement was not met and reference the relevant provision of Appendix Long Residence or Part 9 of the Immigration Rules.

Administrative review

If an application is refused, most applicants have the right to request an administrative review within 14 days (if inside the UK). This process allows UKVI to reconsider the decision where an error of law or fact may have occurred. No new evidence can be introduced, so success depends on demonstrating that the caseworker failed to apply the rules correctly.

Appeals and human rights claims

Where an ILR refusal engages Article 8 of the European Convention on Human Rights (right to private and family life), the applicant may have a right of appeal to the First-tier Tribunal. Appeals are typically available where refusal results in removal or where the applicant’s established family life in the UK would be significantly disrupted.

Applicants must file the appeal within 14 days of the decision date if inside the UK, or 28 days if outside. Legal representation is strongly advised due to the technical nature of immigration appeals.

Reapplication and switching options

If refused, it is possible to submit a new ILR application once the grounds for refusal have been addressed, provided the applicant still holds valid leave. Alternatively, individuals can switch to another qualifying route such as Skilled Worker, Partner or Family, or Private Life, to continue lawful residence while rebuilding eligibility for ILR in the future.

Discretion and exceptional cases

In limited circumstances, discretion may be applied for minor or excusable breaches—such as short overstays under paragraph 39E or compassionate absences supported by credible evidence. However, discretion is not guaranteed, and every case is assessed individually under Home Office policy guidance.

Legal remedies and best practice

Applicants should always keep detailed records of visas, absences, and communication with the Home Office. Where the refusal involves a dispute about continuity or absences, obtaining a Subject Access Request (SAR) to verify Home Office records can strengthen review or appeal arguments. Engaging an immigration lawyer can also help identify whether an administrative review or reapplication is more effective.

Summary: Refusals commonly arise from absences, unlawful gaps, or incomplete evidence. Applicants can seek administrative review, appeal on human rights grounds, or reapply once deficiencies are resolved. Document accuracy and continuity of lawful stay are critical to avoiding refusal.

FAQs – ILR 10-Year Long Residence Route

Can I apply for ILR before completing 10 years?

No. You can only apply up to 28 days before completing 10 full years of continuous lawful residence. Submitting earlier will almost always lead to refusal because you have not yet met the qualifying period.

Do short gaps in leave break continuous residence?

Minor gaps may be disregarded only if they fall within the scope of paragraph 39E or other transitional Home Office policies, provided the applicant applied for new leave within 14 days of the previous visa expiring and had good reason for the delay. Outside these limits, a gap normally resets the 10-year period.

Can time on a student visa count towards ILR (Long Residence)?

Yes. Lawful time spent on any category of leave that grants permission to stay in the UK can count, including time as a Student or Tier 4 visa holder, provided it was lawful and continuous. Visitor or short-term student time does not count.

What if I have more than 540 days or 180 days’ absence?

Under Appendix Long Residence, exceeding the 180-day limit in any rolling 12-month period usually breaks continuity. Discretion may apply where absences were for serious or compelling reasons such as bereavement or medical emergencies. Evidence must be strong and contemporaneous.

Can dependants apply with me on the 10-year route?

No. The 10-year Long Residence route is based on individual residence. Each family member must qualify independently, although dependants may apply for leave under their own category (such as family or partner routes) and later qualify for ILR in their own right.

Is a premium or priority service available?

Yes, a 5-working-day priority service is sometimes available for an additional fee. Availability depends on demand and location. If unavailable, applications will be processed under the standard 6-month timeframe.

What happens if my ILR application is refused?

If refused, you may request an administrative review within 14 days, appeal on human rights grounds if eligible, or reapply once issues are rectified. It is vital to maintain lawful leave while any review or appeal is ongoing.

Summary: Applicants must complete 10 full lawful years before applying, keep absences within permitted limits, and maintain valid leave throughout. Limited discretion may apply, but robust evidence is essential in any case that falls short of the strict requirements.

Conclusion

The 10-year Long Residence route offers a valuable pathway to Indefinite Leave to Remain (ILR) for individuals who have lawfully and continuously lived in the UK for a decade. It rewards compliance, stability, and integration, allowing long-term residents to secure permanent status regardless of the visa categories previously held.

Applicants must ensure there are no gaps in lawful residence, that absences are within the limits prescribed by the Immigration Rules, and that all supporting evidence is clear and comprehensive. Errors in calculating time or failure to document absences are among the most common causes of refusal.

With proper preparation and attention to legal detail, the Long Residence route remains one of the most inclusive and predictable paths to settlement. Applicants who have contributed to the UK’s social, educational, or economic life over a continuous 10-year period can use this route to establish long-term security and access to full settlement rights.

Summary: The ILR 10-year route reflects the Home Office’s recognition of long-term lawful residence as a foundation for settlement. Success depends on careful documentation, compliance with immigration conditions, and maintaining lawful status until the day ILR is granted.

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