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 covers eligibility requirements, lawful residence rules, absence calculations, the application process, and steps to address refusals or gaps in status.
Section A – Legal Framework and Eligibility
The 10-year Long Residence route allows people who have spent a decade living lawfully in the UK to settle permanently. It recognises that extended lawful residence demonstrates integration, stability, and commitment to life in the UK.
Before 11 April 2024, the Long Residence category was governed by paragraph 276B. All current applications now fall under Appendix Long Residence. To qualify, the applicant must have lived in the UK lawfully and continuously for 10 full years, must currently hold valid leave at the time of applying, and must meet the good character requirement in addition to passing both the Life in the UK Test and an approved English language test at B1 level or above.
The person must also not fall for refusal under Part 9 of the Immigration Rules, which includes issues such as criminality, deception, unpaid NHS debts or past immigration breaches.
Qualifying leave normally includes categories such as Student/Tier 4, Skilled Worker/Tier 2, Family/Partner routes, Graduate, Innovator/Start-up, and Private Life. Time spent under Section 3C or 3D leave also counts as lawful residence.
By contrast, time spent as a visitor, short-term student, on temporary admission or immigration bail does not count, and the applicant must hold valid leave on the day of submission.
The Long Residence category effectively allows an applicant to combine lawful residence across several visa types, as long as the individual has maintained continuous residence and has not breached immigration conditions.
Section B – Continuous Lawful Residence
Continuous lawful residence means the applicant lives in the UK with valid immigration permission for the full 10-year period without major interruptions. They can combine different visa categories as long as each period of leave was granted lawfully and the UK remained their main home throughout.
Leave counts as lawful when the Home Office grants it under any route that allows entry or stay. This includes private life permissions and periods covered by automatic extensions under Section 3C or 3D. Time spent as a visitor, short-term student, or under immigration bail never counts toward the 10 years.
Absence rules depend on when the residence took place. Under the old paragraph 276B system (for residence before 11 April 2024), applicants could spend no more than 540 days outside the UK and no single trip could exceed 180 days. Under Appendix Long Residence, which now applies, applicants must keep their absences within 180 days in any rolling 12-month period.
Although no overall 10-year absence limit exists anymore, the Home Office may still break continuity if an applicant’s travel pattern shows that the UK did not genuinely function as their main home. Serious or compassionate reasons can justify exceptions, but applicants must provide evidence.
Continuity breaks when an applicant overstays (unless paragraph 39E protects that overstay), exceeds the permitted absence limits, or spends time on immigration bail or temporary admission. Leaving the UK voluntarily or through removal without valid leave also breaks continuity.
Applicants can switch between visa categories, but they must submit each application lawfully and before their leave expires. Any gap between visas must fall strictly within paragraph 39E; otherwise, the 10-year period restarts.
To prove continuous residence, applicants should prepare a clear timeline listing every visa grant, all travel dates, and any major life events that help show ongoing residence.
Evidence such as passports, travel stamps, BRPs, Home Office letters, HMRC history, education records, tenancy agreements, bank statements, NHS registration and GP appointment records can be very helpful in demonstrating ongoing lawful residence and physical presence in the UK.
Section C – Application Process and Evidence
Applicants can submit their ILR application up to 28 days before completing their full 10 years. Applying earlier than this results in refusal, and the applicant must hold valid leave on the date they submit the form. Applications are made online using the Set (LR) form on GOV.UK.
After completing the form, the applicant pays the Home Office fee of £3,029 (from 9 April 2025) and the biometric enrolment fee. They then upload all supporting documents and attend a UKVCAS appointment to provide fingerprints and photographs.
Once the applicant submits their biometrics, the Home Office starts processing the application under either the standard or priority route. Priority applications usually receive a decision within five working days when the service is available. Standard applications normally take up to six months, but long residence cases can take up to eight months because the Home Office conducts additional background checks.
Applicants must calculate their 10-year qualifying period carefully. The period starts from the first date they entered the UK lawfully or the date they first received leave, whichever is earlier. They must maintain continuous lawful residence with no unprotected gaps and must not breach absence limits.
For example, a person who first entered the UK on 15 November 2015 can submit their ILR application no earlier than 28 days before 15 November 2025.
Applicants with gaps, long absences, or complex immigration histories should seek legal assistance. Providing strong evidence and clear explanations of unusual circumstances can significantly improve the application’s success.
Section D – Common Refusals and Remedies
Most refusals happen when applicants create gaps in their lawful residence, overstay beyond paragraph 39E limits, exceed absence limits in the rolling 12-month period, or miscalculate their 10-year qualifying period. Many also lose their case because they cannot provide complete passport records or sufficient evidence of leave.
Others fail the Life in the UK Test, do not meet the English language requirement, or fall short under the good character criteria.
If the Home Office issues a refusal, applicants can request an Administrative Review within 14 days if they applied inside the UK. The review checks only for caseworker errors. It does not accept new evidence.
Some applicants may appeal under Article 8 of the European Convention on Human Rights. This option applies when refusal disproportionately affects their private or family life. Applicants must submit the appeal within the deadline. Legal representation usually improves their chances.
If the refusal occurs because the rules were applied correctly, the applicant can fix the issues and submit a new application. Some people may switch to another immigration route, such as the Skilled Worker route, a Partner or Family route, or the Private Life route, while they rebuild continuity for a future Long Residence application.
Short overstays covered by paragraph 39E and compassionate absences may still receive discretionary consideration. Applicants should always keep accurate travel records. They may also request a Subject Access Request (SAR) from the Home Office to review their full immigration history.
Conclusion
The 10-year Long Residence route is a dependable and inclusive pathway to settlement in the UK for individuals who have lived lawfully in the country for a decade. Success depends on maintaining continuous lawful residence, staying within absence limits, and providing clear and comprehensive evidence at the application stage.
With careful preparation and an accurate understanding of the rules, applicants can navigate this route with confidence.
How LawSentis Can Help
At LawSentis, We assess eligibility for the Long Residence route, examine travel and visa histories in detail, calculate lawful residence accurately, prepare and review all evidence, and assist with complex cases involving gaps, excessive absences, previous overstays or discretionary considerations. We also support clients with administrative reviews, appeals and reapplications.
Book a consultation today to receive expert, tailored assistance with your ILR Long Residence application.
FAQs – ILR 10-Year Long Residence
Can I apply before completing 10 years?
Applications can be made only up to 28 days early.
Do short gaps break continuity?
They do unless they fall strictly within paragraph 39E.
Does student visa time count?
Yes, it is a lawful residence.
Does Private Life leave count?
Yes, it is a lawful residence under current rules.
What if absences exceed 180 days in any 12-month period?
Continuity is usually broken unless exceptional compassionate reasons apply.
Can dependants apply with me?
No, each person must qualify individually.
Is priority service available?
Yes, when offered, but availability varies.
What if the application is refused?
Options include administrative review, appeal (where applicable), or reapplying.