Major Changes to the ILR 10-Year Long Residency Rules | ILR Rules

In recent times, the UK government has introduced significant changes to the rules governing Indefinite Leave to Remain (ILR) under the 10-year long residency route. These updates are important for migrants who have been living in the UK for a continuous period of 10 years and are seeking permanent residency. The new rules affect eligibility, timelines, and certain conditions that applicants must meet.

Understanding these changes is essential for anyone planning to apply under this route. Let’s break down what has changed and how it may impact you.

What is ILR?

Indefinite Leave to Remain (ILR) is a form of permanent residency in the UK. It allows you to live, work, and study in the UK without any immigration restrictions. Once granted ILR, you are free from immigration control and can stay indefinitely.

For many, ILR is the last step before applying for British citizenship.

Overview of the 10-Year Long Residency Route

The 10-year long residency route to ILR is specifically designed for those who have lawfully resided in the UK for a continuous period of 10 years.

Key points to consider:

You must have spent 10 years living legally in the UK.
The residency period can be a mix of different visas.
This route is ideal for people who have stayed in the UK under various visa categories and wish to settle permanently.

Major Changes in the Rules

Here are the major updates that have been made to the 10-year long residency ILR route:

1. Continuous Residence Definition

One of the most significant changes is the stricter definition of “continuous residence.” Previously, applicants could leave the UK for up to 540 days (18 months) during their 10-year period. Now, the rules are tighter:

Absence Limit Reduced: You can only be absent from the UK for up to 180 days in any 12-month period.
Single Absence Periods: You cannot have any single absence longer than 90 days at a time.

This is a major shift, and it’s important to be aware of your travel history during your 10 years of residency.

2. Criminal Convictions and Character Assessment

The Home Office is paying closer attention to applicants’ criminal history and character. Under the new rules:

Stricter Good Character Requirement: Any criminal convictions, even minor ones, can now be considered as grounds for refusal.
Previous Immigration Breaches: Past breaches, such as overstaying or unauthorized work, could now also count against you.

3. Gaps in Lawful Residence

Another change relates to “gaps” in your lawful residence. Under previous rules, small gaps of up to 28 days between visas could be disregarded. However, the new rules are stricter:

No Tolerance for Gaps: Any gap between visas, even if short, may now result in your application being refused.
Overstaying Penalties: Overstaying your visa by even a single day could negatively affect your eligibility.

Who Will Be Affected?

These changes impact a wide range of migrants, including:

Students who have transitioned between various visas over the years.
Workers on different visa types who aim to settle.
Family members who may have combined their residency with their spouse or parents.

If you have been living in the UK under multiple visas, it’s essential to assess your status in light of these new rules.

How to Prepare for Your ILR Application

To ensure a successful ILR application under the new 10-year long residency rules, you’ll need to be extra careful. Here’s what you should focus on:

1. Check Your Travel History

Go through your travel records and make sure your absences from the UK are within the new limits. It’s crucial to stay under the 180-day limit in any 12-month period and avoid single absences longer than 90 days.

2. Maintain Lawful Status

Make sure you have no gaps in your visa coverage. If you had any periods of overstaying, seek legal advice to understand how this may impact your ILR application.

3. Clean Criminal Record

Ensure that you have no criminal convictions that could affect your application. If you do, it’s best to seek legal advice on how to handle this issue before submitting your ILR application.

Key Documents for ILR Application

When applying for ILR under the 10-year long residency route, make sure you have the following documents ready:

Valid Passport: Ensure your passport covers the entire 10-year period.
Visa History: Documentation of all your visas and lawful status in the UK.
Proof of Residence: Bills, bank statements, or letters showing your address for each year of your stay.
Absence Records: Travel tickets and stamps proving your absences are within the limits.

Frequently Asked Questions

1. Can I still apply if I overstayed my visa by a few days?

Under the new rules, overstaying even by a single day could result in refusal. It’s best to seek legal advice if you have any overstaying history.

2. What happens if I had an absence longer than 90 days?

You may be refused unless you have exceptional circumstances for your absence, such as a medical emergency.

3. How do the changes affect students?

If you’ve been on a student visa for part of your 10 years, you’ll need to make sure your absences and visa gaps align with the new rules.

4. What if I have a minor criminal conviction?

Even minor convictions can now result in a refusal, so it’s essential to review your criminal record before applying.

5. Can I combine different visa types for my 10 years?

Yes, you can combine time spent under different visa categories, as long as your stay was lawful.

Conclusion

The changes to the ILR 10-year long residency rules make the application process more stringent, especially regarding absences, criminal records, and gaps in lawful residence. It’s important to stay within the new guidelines to avoid any issues when applying.

At Primus Solicitors, we understand how confusing these changes can be. Our expert immigration lawyers are here to guide you through the process, ensuring that your ILR application is strong and compliant with the latest rules.