To apply for Indefinite Leave to Remain (ILR) under the 10-year long residence route, you must complete and submit the SET (LR) application online after residing continuously and lawfully in the UK for 10 years. This route allows individuals who have been living legally in the UK to qualify for ILR by counting time spent on most visa categories. The eligibility criteria for this application are outlined in Appendix Long Residence of the Immigration Rules, which replaced provisions in Part 7 (rules 276A-276D) on 11 April 2024.

To succeed in your ILR application under the 10-year long residence category, your stay in the UK must meet the requirements of continuous and lawful residence.

An applicant may qualify for immediate settlement if they meet all necessary criteria, or they can apply for temporary leave if they satisfy the requirements for continuous residence but fall short of the English language or Knowledge of Life in the UK requirements. Individuals who have lived in the UK for a long time but don’t meet the continuous and lawful residence rule may still qualify under Appendix Private Life. Importantly, there is no provision for dependents to apply under the Long Residence route.

You can expedite your application through the Super Priority Service, which offers a decision within 24 hours.Free Immigration Advice for ILR – 10 Years Long Residence

At Aden & Co Solicitors, our specialist immigration solicitors offer free, one-off immigration advice to help you with your ILR application based on long residence. You can ask a question directly online or schedule a consultation online for comprehensive advice and guidance on your application.

Expert Solicitors for ILR – 10 Years Long Residence

At Aden & Co Solicitors, our experienced team specializes in ILR applications based on long residence. With a proven track record of successfully handling hundreds of such applications on the basis of 10 years of residence, we provide tailored legal support to ensure your case is prepared and submitted efficiently. Our team can also process your application via Super Priority Service, ensuring a decision within 24 hours.

Aden & Co Solicitors are expert UK immigration solicitors, renowned for delivering high-quality legal services in UK visa and immigration matters. Our team of fully qualified and experienced immigration solicitors has earned a stellar reputation, as reflected by the 5-star Google reviews from 99% of our satisfied clients. This outstanding client feedback highlights the excellence and reliability of our immigration services.

Super Priority Service for ILR Based on 10 Years Long Residence

As expert immigration solicitors for SET (LR) applications, Aden & Co Solicitors are registered with the Home Office, UK Visas & Immigration (UKVI), and UKVCAS Sopra Steria to offer Super Priority Service for Indefinite Leave to Remain (ILR) on the basis of 10 years long residence. By using this fast-track service, a decision on your ILR application will be made within 24 hours, eliminating the need to wait for months or even years.

Our specialist long residence solicitors can expertly prepare and submit your ILR 10-year application through Super Priority Service, ensuring a swift decision.

One-Off Service for ILR Application Submission via Super Priority Service

Our dedicated team of fast-track immigration solicitors offers a one-off service to submit your ILR application through the Super Priority Service, ensuring you receive a decision within 24 hours. We operate on a “no submission, no fee” basis, meaning if we fail to submit your ILR application within 48 hours after payment, we will issue a full refund with no deductions.

We act under a Conditional Fee Agreement (CFA), guaranteeing a full refund if we do not submit your ILR application within the stipulated 48-hour timeframe. If the submission is completed successfully through Super Priority Services, our fixed fee is £250 + VAT (£300 inclusive of VAT) as per the CFA agreement.

Steps to Apply for ILR on the Basis of 10 Years Long Residence?

To apply for ILR under the 10-year long residence route, follow these steps:

1. Complete the SET (LR) online form on the UKVI website.
2. Submit the ILR application online and pay the Home Office UKVI application fee.
3. Book a biometrics appointment through UKVCAS by creating an account on their web portal.
4. Upload all supporting documents online before your biometrics appointment.
5. Attend the biometrics appointment with your BRP card, passport, and biometrics appointment letter.
6. Wait for the decision, if you applied via standard service, expect a decision within 3-6 months. Through Super Priority Service, you will receive a decision within 24 hours.

 What are the requirements for Indefinite Leave to Remain (ILR) Based on 10 Years Long Residence?

To qualify for Indefinite Leave to Remain (ILR) on the basis of 10 years long residence, applicants must meet specific requirements outlined in paragraph 276B of the UK Immigration Rules. Here’s a detailed breakdown of these requirements:

 Valid Application Requirements

Applicants must submit their application online via the gov.uk website using the form titled “Apply to settle in the UK – long residence.” Long Residence route must meet the following;

1. Fee Payment: The application fee must be paid.
2. Biometrics: Biometrics must be provided as required.
3. Identity and Nationality: A passport or other acceptable document proving identity and nationality must be submitted.
4. In-Country Requirement: The applicant must be present in the UK on the date of application.

Failure to meet these validity requirements may result in the application being deemed invalid and not processed.

Qualifying Period Requirement

The applicant must have spent a continuous 10-year period lawfully in the UK, during which at least one of the following conditions applied:

1. • Held valid permission (excluding Visitor, Short-term Student (English language), or Seasonal Worker visas or their predecessors).
   • Was exempt from immigration control.
   • Lived in the UK as an EEA national or as a family member of an EEA national exercising residence rights under the Immigration (European Economic Area) Regulations 2016 before 11 PM on December 31, 2020, or until June 30, 2021, if applying under Appendix EU.

Leave extended under Section 3C of the Immigration Act 1971 is considered lawful presence for the purpose of long residence.

Non-Qualifying Periods: The following will not count towards the 10-year qualifying period:

• Time spent on immigration bail, temporary admission, or temporary release.
• Any period of overstaying between permissions prior to 24 November 2016, even if a new application was submitted within 28 days of the previous leave expiring.
• Any period of overstaying between permissions on or after 24 November 2016, even if paragraph 39E is applicable.
• Any ongoing period of overstaying where paragraph 39E applies.

Overstaying periods that are disregarded will not disrupt continuous residence but will not contribute to the 10-year period. The applicant must have had valid permission for at least 12 months immediately before the application date, or be exempt from immigration control in the 12 months prior to application. This requirement does not apply if the current permission was granted before 11 April 2024.

Continuous Residence Requirement

The applicant must meet the continuous residence requirements detailed in Appendix Continuous Residence throughout the entire qualifying period.

Suitability Requirements

1. Immigration Laws Compliance: The applicant must not be in breach of immigration laws. However, periods of overstaying covered by paragraph 39E will be disregarded, though they will not count towards the qualifying period.
2. Immigration Bail: The applicant must not be on immigration bail.

English Language Requirement

Unless exempt, the applicant must demonstrate English language proficiency at least at level B1 on the Common European Framework of Reference for Languages (CEFR) in speaking and listening. This can be proven through Appendix English Language.

Knowledge of Life in the UK Requirement

Unless exempt, the applicant must meet the Knowledge of Life in the UK requirement as set out in Appendix KOL UK. This involves demonstrating knowledge of British customs, history, and government.

Continuous Residence Requirements for ILR Based on 10 Years Long Residence

The continuous residence criteria for Indefinite Leave to Remain (ILR) based on 10 years of long residence are outlined in paragraph LR 12.1 of Appendix Continuous Residence to the Immigration Rules. Here is a comprehensive overview:

Breaking Continuous Residence

Certain periods will disrupt the continuity of residence:

• Immigration Bail and Temporary Status: Time spent on immigration bail, temporary admission, or temporary release.
• Specific Visas: Residence under permission as a Visitor, Short-term Student (English language), or Seasonal Worker (and their predecessor routes).
• Non-Disregarded Overstaying: Any periods of overstaying that are not covered by specific exceptions.

Maintaining Continuous Residence

The following periods will not disrupt continuous residence:

• Disregarded Overstaying: Time periods of overstaying that are disregarded under current rules.
• Common Travel Area: Time spent within the Common Travel Area is addressed under Appendix Continuous Residence (paragraph CR 2.2A), which outlines specific transitional arrangements for long residence applicants. These provisions differ from the previous long residence rules under paragraph 276A. The transitional arrangements ensure that continuous residence will be considered broken if an applicant has been absent from the UK for more than 184 consecutive days or a total of 548 days overall, for any absence that began prior to 11 April 2024.

This offer specific guidelines:

• Absences Before 11 April 2024:
  • Any single absence from the UK that began before 11 April 2024 must not exceed 184 days.
  • For a 10-year period completed before 11 April 2024, the total absences must not exceed 548 days. For periods extending beyond 11 April 2024, this 548-day limit no longer applies.
  • Applicants must ensure they do not spend more than 180 days outside the UK in any 12-month period.

Paragraph CR 4.1.(d)(iii) maintains the rules in effect as of 10 April 2024, for individuals who held valid permission when departing the UK and returned with lawful status, as long as they did not exceed the allowable absence limit. Aden & Co Solicitors can guide you through this process to ensure compliance with these regulations.

Time Spent in the UK on Exceptional Assurance

Periods of exceptional assurance granted between 1 September 2020 and 28 February 2023 are not included in the calculation of continuous residence for long residence. However, any leave extensions granted under the Coronavirus extension concession, covering 24 January to 31 August 2020, will count towards the qualifying period.

 Time Spent in the Republic of Ireland and Crown Dependencies

Time spent in the Republic of Ireland or Crown Dependencies (Isle of Man and Channel Islands) with permission does not count towards the qualifying period for long residence, despite their inclusion in the Common Travel Area.

 Time Spent in the UK for ILR Based on 10 Years Long Residence

EEA nationals and their recognized family members who resided in the UK before the end of Free Movement at 11 pm GMT on 31 December 2020 could continue to exercise their EEA residential rights in the UK until the end of the grace period on 30 June 2021, as per the Withdrawal Agreement. To maintain lawful status beyond this date, these individuals needed to apply to the EU Settlement Scheme under Appendix EU of the Immigration Rules. It is crucial to provide evidence demonstrating that the applicant exercised treaty rights during any period relied upon for meeting the long residence requirements. This does not affect the rights of EEA family members who may have already acquired permanent residence under Regulation 15 of the EEA Regulations after 5 years of residence.

If an applicant with EEA rights leaves the UK and returns under EEA Regulations, their continuous residence remains intact.

 Time Spent in the UK as a British Citizen

Time spent in the UK as a British citizen contributes to the qualifying period for ILR. Even if an individual renounces their British citizenship, the duration spent in the UK as a British citizen will still count towards the 10-year long residence requirement.

 Time Spent Exempt from Immigration Control

Periods spent in the UK while exempt from immigration control, such as for diplomats and armed forces members, are included in the qualifying period.

 Deemed Leave for Diplomats and Former Armed Forces Members

Diplomats receive ‘deemed leave,’ which is a 90-day grace period granted once their exemption from immigration control ends. Similarly, former members of the armed forces are typically granted 28 days of leave outside the Immigration Rules after their exemption ceases upon discharge.

By the end of these 90 or 28 days, individuals must either:

• Submit an application for further permission
• Exit the UK

Diplomats under deemed leave do not receive a passport endorsement, while former armed forces members will have their passport endorsed. If a person applies for permission to remain in the UK within these 90 or 28 days and is granted an extension, their continuous residence remains intact. However, failure to apply for further leave within the specified period of 90 or 28 days will result in a break in their continuous residence.

 Documents Required for ILR 10 Years Long Residence Application

Supporting documents are essential for a successful ILR application based on 10 years of long residence. Depending on individual circumstances, the required documents generally include:

• Passports: All passports covering the 10-year qualifying period.
• Biometric Residence Permit (BRP): Current BRP card.
• Evidence of Private and Family Life: Documents supporting the establishment of private and family life in the UK.
• Additional Evidence: Any relevant documents addressing specific issues, such as missing passports, exceeding permitted absences, or gaps between leave to remain applications.
• Discretionary Considerations: Information or documents supporting why the Home Office UKVI should exercise discretion in approving the application.
• Life in the UK Test: Certificate or pass notification.
• English Language Proficiency: Proof of meeting level B1 in speaking and listening, as per Appendix English Language.

Our team of expert immigration solicitors will provide a tailored list of required documents after thoroughly assessing the applicant’s individual circumstances and identifying any potential issues in the long residence application.

Family Members of an Applicant Applying for ILR Based on 10 Years Long Residence

Under the Immigration Rules, there is no provision to include dependents in a long residence application for ILR. Family members, including dependents, must submit their own separate applications if they wish to rely on the 10-year long residence route. If your family members, such as your partner or children, have also completed 10 years of continuous residence in the UK, they can apply for ILR independently using the SET (LR) form.

It is important to note that you cannot include your partner or children in your SET (LR) application. However, if the primary applicant has successfully obtained settlement through the long residence route, including cases where they have later naturalised as British citizens, their partner can still apply for an extension or ILR as a dependent under the Points-Based System (PBS) route, provided the primary applicant held leave under a qualifying PBS route when they settled. This allows the dependent partner to extend their PBS Dependent Visa or apply for ILR under the PBS dependent category, even after the main applicant has been granted ILR based on long residence.

Alternatively, your partner may apply for leave to remain as the spouse or partner of a settled person if they are not eligible to apply for ILR under the 10-year long residence rules. They can make this application either alongside your ILR application or after you have been granted ILR. In some cases, they can include their children in their application. Additionally, any child born in the UK can apply for registration as a British citizen once either parent has been granted ILR.

 Re-Applying for ILR Based on 10 Years Long Residence After Refusal

If your ILR application under the 10-year long residence rule has been refused by the Home Office and you do not believe an appeal would be successful, you may consider reapplying. Any new application should meet the specific requirements outlined in paragraph 39E of the Immigration Rules. To expedite the decision, it is recommended to submit your fresh application through the Super Priority Service, which provides a decision within 24 hours.

Appealing Against a Refusal of ILR Based on 10 Years Long Residence

If your ILR application based on 10 years of long residence is refused and you are granted the right to appeal, you must submit your appeal to the First-Tier Tribunal within 14 days of the refusal decision. The appeal may be successful if the refusal is not in line with the Immigration Rules or violates your right to private and family life under Article 8 of the European Convention on Human Rights (ECHR).

 Naturalisation as a British Citizen after ILR Grant

After being granted Indefinite Leave to Remain (ILR), you may be eligible to apply for British citizenship through naturalisation. You can submit your application 12 months after receiving ILR if you have been lawfully residing in the UK for the last 5 years. However, if you are married to a British citizen, the residency requirement is reduced to 3 years, and you do not need to wait 12 months after obtaining ILR to apply for naturalisation.

Absences from the UK play a key role in eligibility. For applicants relying on a 5-year residence period, absences should not exceed 450 days. If you are applying based on 3 years of residence as the spouse of a British citizen, your absences must be under 270 days during this period. Additionally, in both cases, you should not have been out of the UK for more than 90 days in the 12 months preceding your application.

 How Can Aden & Co Solicitors Help With Your ILR 10-Year Long Residence Application?

We offers expert legal advice and representation on a fixed-fee basis for your ILR application based on 10 years of continuous residence. Our dedicated team will handle every aspect of your ILR application, ensuring that all necessary requirements are met for a successful outcome. Our services include:

1. Comprehensive Advice on Requirements: Our expert long residence solicitors will offer personalized guidance on the specific criteria you need to meet for a successful ILR application based on 10 years of lawful residence in the UK.
2. Detailed Document Guidance: We will send you a thorough list of supporting documents required for your ILR application, ensuring that all necessary information is covered.
3. Document Review and Assessment: Our expert solicitors will carefully assess all your documents to ensure they comply with the requirements of the Immigration Rules, identifying and addressing any potential issues.
4. Application Form Completion: Aden & Co Solicitors will efficiently complete your ILR application form, ensuring all details are accurate and meet Home Office standards.
5. Super Priority Service Submission: We will submit your ILR application via the Super Priority Service to secure a decision within 24 hours, expediting your application.
6. Biometrics Appointment Scheduling: After submitting your ILR application, we will book your biometrics appointment at the application centre to complete your enrolment.

1. Comprehensive Cover Letter: We will draft a detailed cover letter, explaining how all legal requirements for ILR are met, strengthening your application.
2. Document Upload: Before your biometrics appointment, we will upload all supporting documents online to ensure your application for ILR on the basis of 10-years long residence is complete and ready for review.
3. Ongoing Follow-Up: Aden & Co Solicitors will manage all follow-up communication with the Home Office, keeping you updated and advocating on your behalf until a final decision is made on your ILR application.

 Why Choose Aden & Co Solicitors for Your ILR on the basis of 10-Year Long Residence Application?

There are several compelling reasons to trust Aden & Co Solicitors with your Indefinite Leave to Remain (ILR) application based on 10 years of continuous residence in the UK:

1. High-Quality Legal Expertise: Aden & Co Solicitors boasts one of the most highly skilled teams of immigration solicitors in London. Our expert lawyers offer top-tier legal services for ILR applications, ensuring that every aspect of your case is handled with professionalism. Our dedication to delivering quality immigration services is reflected in our consistent 5-star reviews on Google, with 99% client satisfaction.
2. Remote Legal Services: Our experienced immigration solicitors can offer comprehensive legal advice and representation remotely. Whether you’re based in London or anywhere else in the UK, we use modern technology to manage your ILR application based on 10 years of residence without requiring in-person visits to our office. This flexibility helps save time and travel costs, although we are always happy to welcome clients who prefer face-to-face consultations.
3. Open 7 Days a Week: Our offices are open throughout the week, providing dedicated immigration advice and support for your ILR application, including weekends.
4. Qualified Immigration Solicitors: Every aspect of your ILR application will be handled by fully qualified and experienced immigration solicitors who specialize in long residence applications.
5. Fast Track Processing: We offer a fast-track service to ensure your ILR application is submitted swiftly through the Super Priority Visa Service, providing a decision within 24 hours.
6. Free Online Immigration Advice: We offer free initial immigration advice online via our website enquiry form, helping you get started on the right track.
7. Affordable Fixed Fees with Payment Options: We offer competitive, fixed-fee packages for ILR applications with the option to split payments into two installments, making our services more affordable and accessible.

How Much Does ILR 10-Year Long Residence Application Cost?

When applying for Indefinite Leave to Remain (ILR) based on 10 years of continuous residence, the associated costs can vary depending on the complexity of your case. Here’s an outline of the fees for your ILR application:

Fixed Fees for ILR 10-Year Long Residence Applications

At Aden & Co Solicitors, we offer a fixed fee service for handling your ILR application based on 10 years of long residence. Our fees range from £800 + VAT to £1,200 + VAT, covering all aspects of the application process. This includes:

Document Advice and Guidance: We will provide comprehensive advice on the required documents for your application.

Document Review: Our team will carefully check and assess all supporting documents.

Application Completion: We will complete the ILR application form on your behalf and submit it online.

Biometrics Appointment Booking: We will arrange your appointment for biometrics enrolment.

Detailed Cover Letter Preparation: Our solicitors will prepare a robust cover letter to support your application, outlining how all legal requirements are met.

Document Upload: We will upload all supporting documents online for review by the Home Office.

Follow-up Work: Our team will manage all follow-up communications with the Home Office until a decision is made on your ILR application.

The exact fee will depend on the complexity of your case and the amount of work involved. To make our services more accessible, we offer a flexible payment plan: 50% of the fee is payable when we begin working on your case, and the remaining 50% is due when the ILR application is fully prepared and ready for submission.

If the full service cost is beyond your budget, Aden & Co Solicitors offers affordable alternatives. You can book an online appointment online for our one-off immigration advice and consultation service for a fixed fee of £100 (including VAT). Alternatively, we provide an immigration document checking service for a fixed fee of £300 (including VAT), ensuring your documents are thoroughly reviewed for accuracy and compliance.

UKVI Fees for Your ILR 10-Year Long Residence Application

In addition to Aden & Co Solicitors’ fixed fees for handling your ILR application, you must also pay the Home Office UKVI fees, which currently stand at £2,885. For those seeking an expedited decision within 24 hours, there is an option to use the Super Priority Service for an additional fee of £1,000.

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FAQs – ILR 10 Years Long Residence (SET LR) Application

Here are some common questions regarding ILR applications based on 10 years long residence: