Long Residence ILR

What is a Long Residence ILR Visa?

A Long Residence ILR Visa is a visa that means you are free to live in the UK away from immigration restrictions. Final settlement in the UK is the prime objective of many people around the world. To be eligible to apply for Indefinite Leave to Remain, the individual must have proof of having lived lawfully in the UK for 10 years.

ILR Long Residence Eligibility Criteria

To qualify for Long Residence, there are certain requirements, such as to have:

• Lived in the UK for 10 years more continuously

• Not have left the UK for a continuous period of 180 days or more

• Not have spent more than 539 days outside the UK during 10 years’ stay

Indefinite Leave to Remain

Under UK immigration Rules, after Long Residence the individual may apply for ‘indefinite leave to remain’. This entitles the individual to stay in the UK indefinitely without any restrictions on how long, and also new applications can be made to the Immigration Office to have their children and dependents stay in the UK too. Seeking professional legal advice before considering applying for settlement in the UK after long residence is advisable.

There are eligibility requirements which need to be met before an individual can settle to live in the UK:

• In order to apply for indefinite leave to remain, the individual must already have leave to remain in the UK under the category of Immigration Rules, which can also be a visitor visa

• Must have lived legally in the UK for at least 10 years continuously

• Must have passed the Life in the UK Test, and prove sufficient English language skills

• Must have no unspent criminal convictions

• There must be no reasons of public interest to refuse your application

The 10-year qualifying period starts when the individual arrives in the UK with a valid visa or when they get permission to live in the United Kingdom. If there has been a decision made and it is not satisfactory then the individual may be able to appeal or seek Judicial Review. Extension of the residence may be an option. Notably, the individual may be able to extend their stay in the UK for another two years, even if all the above requirements are not met.

Events that break Long Residence Visa

10-year ILR long residence period can be deemed as broken if the individual has

• Left the UK for a 6-month period, or longer;

• Left the UK for a combined total of 18 months;

• Received a criminal sentence from a court and spent time in prison or in detention;

• Left the UK and demonstrated clear intention not to return.

Family and Long Residency ILR

Family members or dependents may also be eligible for a Long Residence ILR visa. All applications must be made individually. Under UK immigration law, a dependent is either a partner or a child who is under the age of 18. If a child is over the age of 18 they will have to apply separately. If they are not eligible to do so, they may have to leave the United Kingdom. If a child has lived in the UK for over 7 years, they may be able to apply to remain depending on personal circumstances and prove that it is not reasonable for the child to go outside the UK. If the partner or the main applicant is not eligible to apply separately and the main applicant's application to settle in the UK is successful, then the partner may be able to apply to remain in the UK as the partner of a settled person.