Indefinite leave to remain via long residence

The 10-year long residence route to indefinite leave to remain is set out in paragraph 276B of the Immigration Rules. It allows a person who has lived continuously and lawfully in the United Kingdom for at least 10 years to apply for settlement. It sounds straightforward, but the detail matters a great deal, so let me walk through the key requirements and the practical issues that tend to arise.

Continuous lawful residence:

You must show that you have completed 10 continuous years of lawful residence in the UK. "Lawful" means that at all times during those 10 years you held valid leave to enter or remain, or were otherwise lawfully present. Overstaying, even for a single day, can break the continuity of lawful residence, although there are limited exceptions.

Absences from the UK:

Absences from the UK can break continuous residence. The general position is that you must not have been absent for more than 18 months in total during the 10-year period, and no single absence should have exceeded 6 months. There is some discretion in borderline cases, but these limits are applied strictly by the Home Office.

Good character:

You must satisfy the good character requirement. This means no unspent criminal convictions, no deception in previous applications, and generally no conduct that would count against you. The Home Office guidance on good character is quite detailed and can catch people out, for example where there are minor offences or unpaid taxes.

Knowledge of language and life in the UK:

You must normally show that you have passed the Life in the UK test and that you meet the English language requirement, unless you are exempt by reason of age or disability.

Current immigration status:

You must hold valid leave at the time you apply. If your leave has expired before you submit the application, that can be fatal to the claim, although an in-time application made before your leave expires will normally extend your leave by operation of section 3C of the Immigration Act 1971 while the application is being decided.

Breaks in lawful status:

One of the most common problems is a gap in lawful status. If, for example, you overstayed for any period, you will need to consider whether that gap is covered by any of the limited exceptions. Since 24 November 2016, a period of overstaying of 28 days or less may be disregarded in certain circumstances, provided the delay was for a reason beyond your control or where there were exceptional circumstances. This is a narrow exception and should not be relied upon lightly.

Practical points to consider:

1. Before applying, map out your entire 10-year immigration history carefully, including every grant of leave, every visa, every absence from the UK, and any gaps or periods where your status may have been uncertain.

2. Gather all supporting documents, including passports, BRPs, visa vignettes, travel history evidence, Home Office correspondence, and any evidence of your continuous presence and lawful status.

3. If there is any doubt about whether you had lawful leave throughout the full 10 years, obtain a subject access request from the Home Office. This will show you their records of your immigration history.

4. If you have a gap in lawful residence or an absence that exceeds the permitted limits, take time to consider whether you can make any argument under the exceptions, or whether it may be better to wait until you can demonstrate a clean 10-year period.

5. The current application fee and immigration health surcharge are substantial. As at 2024/2025, the fee for an indefinite leave to remain application on the long residence route is over £2,800 plus the cost of biometrics. You will want to be confident you meet the requirements before spending that sum.

Whether you qualify:

Whether you personally qualify depends on the specific facts of your case. The key questions are whether you have a full 10 years of continuous lawful residence, whether your absences fall within the permitted limits, whether you meet the good character requirement, and whether you hold valid leave at the time of applying. If you can confirm those details, I can give you a much more focused view of your position.

If any of those elements are doubtful, it is worth being cautious. A refused application not only costs you the fee but can also have wider consequences for future applications.