To apply for the ILR on a long residence basis, you should have lived lawfully for 10 continuous years in the UK. The period can be completed with a combination of various visas, for example, Global Talent Visa, Post Study Work Visa, Tier 2 (General work) visa etc.
The rules are rather strict as to what accounts as a continuous lawful residence in the UK. You shouldn’t have spent more than 18 months in total outside the UK during this ten-year period. In addition, you must not have spent more than six months outside the UK on any one occasion.
The rules are rather strict as to what accounts as a continuous lawful residence in the UK. You shouldn’t have spent more than 18 months in total outside the UK during this ten-year period. In addition, you must not have spent more than six months outside the UK on any one occasion.
Requirements for ILR on 10 Years Basis Application
The applications for Indefinite Leave to Remain (ILR) based on 10 years continuous lawful residence are complex in nature. You will need to fulfil several requirements to be eligible for the indefinite leave to remain after 10 years lawful stay.
You should have current leave to remain in one of the immigration categories to apply for the ILR. The eligibility requirements for the ILR on 10 years basis include:
You should have current leave to remain in one of the immigration categories to apply for the ILR. The eligibility requirements for the ILR on 10 years basis include:
- You should have lived lawfully in the UK for 10 continuous years (see more about 10 Years requirement)
- You must pass the Life in the UK Test and prove you have sufficient English language skills
- You shouldn’t have breached any immigration laws and maintained the terms of your UK visa
- Have existing leave to remain in any UK immigration category
- No reasons with regards to public interest on why it would be undesirable to grant you ILR
- Other factors such as your age, personal history, relations in the UK etc will also be considered for your suitability for ILR on the grounds of public interest reasons.
Continuous 10 Years lawful Residence
Applicants should have maintained 10 years of continuous lawful residence in the UK. You should have fulfilled continuous 10 years period by;
- Not being out of the UK for more than 18 months (540 days in total) during the 10 years period
- Maintained valid leave to remain status under any immigration category for the period
- Not being out of the UK for more than 6 months on any one occasion during the 10 years period
- Not left the UK during the 10 years period with a clear intention or evidence of not returning to the UK.
- You shouldn’t have left the UK within the relevant period having been refused leave to enter or remain
- Not have been removed or deported from the UK during the 10 years period
English Language Requirements for ILR 10 Years Basis
You can fulfil the English language requirements for ILR 10 years category:
- With a speaking and listening qualification in at B1 level
- Qualification of Degree level that was taught or researched in English
- Original national of an English-speaking country
Absences for 10 years ILR
Very often, applicants will have absences exceeding 540 when applying for ILR based on 10 years lawful residence. If your absences are over 540 days in 10 years, the Home Office can exercise discretion in the following circumstances:
- With a speaking and listening qualification in at B1 level
- Qualification of Degree level that was taught or researched in English
- Original national of an English-speaking country
For excess absences for 10 year ILR application, Home Office in addition to the above will always consider whether the individual returned to the UK within a reasonable time once they were able to do so.
Documents Required for ILR 10 Years Application
The list of documents for a valid Indefinite Leave to Remain – ILR application can vary depending on your situation.
In general, you must submit the following documents for a valid ILR application on the basis of 10 years.
In general, you must submit the following documents for a valid ILR application on the basis of 10 years.
- Your current Passport or other valid travel ID
- BRP (biometric residence permit ), if you hold one
- Two identical passport size colour photographs
- Police registration certificate, if you have one
- Other supporting documents with the application
There can be several other documents that you might need to provide depending on your immigration status.
Need assistance?
Considering the 10 year length of residency, it can be time-consuming and stressful to figure out all the information for the application. We regularly advise on long residence ILR applications, and we can definitely help you to release your stress for that. J & S Law Firm are experienced UK immigration specialists offering guidance and support to individuals in relation to their UK immigration status and making Home Office applications. We can advise on the eligibility criteria you will need to evidence and the process you will need to follow for your application. With over decades of experience, we always provide rock-solid support to our clients and help them achieve their goal efficiently and smoothly.
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