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ILR on the basis of long residence – Legal requirements for the application
You must be physically present in the UK when making the application.
The date of the application marks the end of the required continuous residence period — you cannot rely on any historic residence period that ended before the application date if continuity was broken afterwards.
If your last leave to remain was granted on or after 11 April 2024, you must have held the same type of leave for at least 12 months on the date of application.
Continuous legal residence over the 10-year period is defined in Appendix Continuous Residence and means no breaks in lawful stay, except:
Overstaying up to 28 days before 24 November 2016 may be allowed.
Overstaying after 24 November 2016 may be disregarded if leave was granted afterward and paragraph 39E of the Immigration Rules applies.
Any overstayed periods disregarded for continuous residence calculation do not count towards the 10 years and must be compensated by additional lawful residence.
Absences from the UK before 11 April 2024 must not exceed 548 days in total or 184 days in any single absence.
Continuous residence is not broken if you left the UK with valid leave and returned within six months with valid leave to enter.
The application must not be refused on criminality grounds.
You must demonstrate knowledge of English at B1 level (speaking and listening) and have passed the Life in the UK test
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Criminal convictions as a ground for refusal of ILR applications
An application for indefinite leave to remain (ILR) must be refused if:
The applicant has been convicted of a criminal offence in the UK or overseas and received a custodial sentence of 12 months or more.
The applicant is a persistent offender and demonstrates a persistent disregard for the law.
The applicant has committed a criminal offence which caused serious harm.
If your application is refused for any of these reasons, you may still be eligible to apply for further leave to remain. It is strongly recommended to discuss your case with an immigration consultants
Discretionary grounds for refusal of ILR applications
An application for indefinite leave to remain (ILR) may be refused in the following circumstances:
Where there are public interest considerations that make the grant of ILR undesirable.
Where the applicant has committed a criminal offence and received a custodial sentence of less than 12 months.
Where the applicant has committed a criminal offence and received a non-custodial sentence or an out-of-court disposal recorded on the applicant’s criminal record.
When discretionary grounds for refusal may apply, it is very important to discuss any mitigating factors with your consultants. Legal representations play a crucial role in applications where the outcome may depend on how the decision-maker views the case.
Dependants of Applicants for Indefinite Leave to Remain Under the Long Residence Rule
There are no provisions in the Immigration Rules for dependants to be included in an application for indefinite leave to remain (ILR) under the 10-year long residence route. Each family member must qualify for settlement in their own right, under their respective immigration routes.
This can create complex scenarios, especially where dependants—such as spouses or children—have not completed the required residence period or are on different immigration routes.
We strongly recommend seeking professional immigration legal advice before submitting an application. Each case requires individual assessment to determine the best course of action to preserve family unity and ensure a lawful immigration status for all family members
Right of Appeal Against Refusal of Applications for Indefinite Leave to Remain on the Basis of Long Residence
Applications for indefinite leave to remain (ILR) on the basis of 10 years’ long residence are considered to engage Article 8 of the European Convention on Human Rights, specifically the right to respect for private life established in the UK. As such, a refusal of this type of application typically attracts a right of appeal to the immigration tribunal.
If you qualify for ILR under more than one route—such as completing 10 years of continuous lawful residence alongside five years under a work-related route—it is advisable to seek expert legal advice. Each route has slightly different requirements, and subtle differences may carry implications for eligibility, risks of refusal, and long-term immigration planning (including dependants and naturalisation).
Legal advice can help you weigh your options and proceed with the route that offers the strongest position for both ILR and future applications.
Long Residence – Further Leave to Remain vs Indefinite Leave to Remain (ILR)
The requirements for further leave to remain (FLR) on the basis of 10 years’ long residence are broadly similar to those for indefinite leave to remain (ILR), but there are two key exceptions that make FLR a more flexible option in some situations:
No 12-Month Rule for Current Leave Type
Unlike ILR, where applicants granted their most recent leave on or after 11 April 2024 must have held that type of leave for at least 12 months before applying, this requirement does not apply to applications for further leave to remain.No Knowledge of Life in the UK or English Language Requirement
For FLR, there is no need to pass the Life in the UK test or meet the B1 English language requirement (speaking and listening). This can be especially helpful for those not yet ready to meet these criteria.
When to Consider FLR Instead of ILR
You need more time to meet the ILR language or residence rules.
You have issues that might lead to discretionary refusal of ILR.
You’re not ready to make a settlement application but want to stay legally in the UK.
FLR preserves your lawful residence and can be a stepping stone to ILR when you’re fully eligible