The regulations regarding Long Residence have undergone substantial revisions as a result of the recent Statement of Changes to the Immigration Rules (HC 590). As of April 11, 2024, these updated regulations are housed within the newly established Appendix Long Residence. Let's have a look at these modifications and their potential impact on individuals.
Eligibility criteria
You can apply for Indefinite Leave to Remain (ILR) under the Long Residence category if you have lived in the UK lawfully for at least 10 years.
The Long Residence category within the Immigration Rules allows individuals who have lawfully resided in the UK for a minimum of ten years to apply for Indefinite Leave to Remain (ILR), commonly known as settlement. Applicants can combine time from various immigration routes to fulfill the ten-year qualifying period.
Appendix Long Residence came into force on 11 April 2024 and it has replaced the previous provisions in Part 7 (rules 276A-276D) of the Immigration Rules. Applications that were made before 11 April 2024 will be decided on the rules under Part 7 of the Immigration Rules.
The key changes.
The new Rules under Long Residence set out the following:
“LR 11.1. The applicant must have spent a qualifying period of 10 years lawfully in the UK, for the entirety of which one or more of the following applied:
· the applicant had permission, except permission as a Visitor, Short-term Student (English language) or Seasonal Worker (or under any of their predecessor routes); or
· the applicant was exempt from immigration control; or
· the applicant was in the UK as an EEA national, or the family member of an EEA national, exercising a right to reside under the Immigration (European Economic Area) Regulations 2016 prior to 11pm on 31 December 2020 (and until 30 June 2021 or the final determination of an application under Appendix EU made by them by that date).”
LR 11.2 explains that any period of overstaying before or after 24 November 2016 cannot be counted towards to the qualifying period under Long Residence route.
“LR 11.2. The following periods will not count towards the qualifying period for Long Residence:
· time spent on immigration bail, temporary admission or temporary release; and
· any period of overstaying between periods of permission before 24 November 2016 even if a further application was made within 28 days of the expiry of the previous permission; and
· any period of overstaying between periods of permission on or after 24 November 2016 even if paragraph 39E applies to that period of overstaying; and
· any current period of overstaying where paragraph 39E applies.”
Absences on a 10 year long residence ILR application
Another big change on this route is that the rules on absences during the qualifying period were amended and Appendix Continuous Residence now applies to Long Residence applications.
The latest Long Residence guidelines specify that transitional measures are implemented to maintain the stance that continuous residence is disrupted if an applicant has been absent for over 184 days at once, or 548 days in total within the ten-year qualifying period, for absences prior to April 11, 2024.
The guidance confirms the following:
“This means that:
1) Any single absences started before 11 April 2024 must be no longer than 184 days
2) A 10-year period completed before 11 April 2024 must not have total absences of more than 548 days – for 10-year periods which extend beyond 11 April 2024, there is no 548-day limit
3) From 11 April 2024 the applicant must not have been outside the UK for more than 180 days in any 12-month period.”
How we can help
We are experienced immigration lawyers and will be happy to assist you with your Long Residence ILR application. Give us a call +447523281911 to discuss your individual circumstances.
Tatiana Tsutsor
Director of First Class Initiative (FCI) Immigration services
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