Further Leave to Remain – 10Years Long Residence
You can submit an online FLR (LR) application to request further leave to remain for 2 years based on 10 years of continuous lawful residence if you’re not yet eligible to apply for ILR under the 10-year long residence route. This typically applies if you are unable to pass the English language test and/or the Life in the UK test required for Indefinite Leave to Remain. The FLR (LR) application can only be processed via the standard service, as the UKVI does not offer a Super Priority Service for this type of application.
When applying for a 2-year extension based on 10 years of lawful residence, all eligibility requirements as outlined in Appendix Long Residence of the Immigration Rules must be met. Aden & Co Solicitors can guide you through this process, ensuring your application complies with all legal standards.
Free Immigration Advice for FLR (LR) Applications
At Aden & Co Solicitors, we offer one-off free immigration advice online for your FLR (LR) application based on long residence. You can easily submit your query to our team of immigration experts or book an online consultation for tailored advice regarding your further leave to remain application.
Specialist Long Residence Solicitors
Our dedicated team at Aden & Co Solicitors specialises in further leave to remain applications based on long residence. With extensive experience handling hundreds of successful FLR (LR) applications, our immigration solicitors possess in-depth knowledge of the 10year long residence route.
Aden & Co Solicitors are renowned experts in UK immigration law, offering exceptional visa and immigration services. The high standard of legal assistance provided by our team of fully qualified and experienced immigration solicitors is reflected in our outstanding 5-star Google Reviews rating, awarded by 99% of our satisfied clients.
Requirements for Further Leave to Remain Based on 10 Years Long Residence
The criteria for applying for further leave to remain under the 10 years long residence route are outlined in Paragraph 276A1 of the UK Immigration Rules. These requirements must be met to qualify for further leave to remain if you’re unable to apply for Indefinite Leave to Remain (ILR) after completing 10 years of continuous lawful residence:
Valid Application Requirements
To apply for further leave to remain based on long residence, applicants must submit an online FLR (LR) application through the gov.uk website using the designated form for “Application to extend your stay in the UK on the basis of long residence.”
The application must satisfy the following criteria:
- Payment of Fees: All required fees, including the Immigration Health Surcharge (IHS), must be paid.
- Biometrics Submission: The applicant must provide biometrics when requested.
- Proof of Identity: A passport or other valid documentation proving identity and nationality must be provided.
- UK Presence: The applicant must be physically present in the UK at the time of application.
Failure to meet any of these validity requirements may result in the application being rejected as invalid and not processed.
Suitability Requirements
The Home Office will assess the suitability of the applicant under Part 9: Grounds for Refusal. The applicant:
- Must not be in breach of immigration laws, except where Paragraph 39E applies, which disregards certain periods of overstaying.
- Must not be on immigration bail.
Qualifying Period Requirement
The applicant must have completed a 10-year qualifying period of lawful residence in the UK, during which one or more of the following conditions applied:
- The applicant had valid immigration permission, except as a Visitor, Short-term Student (English language), or Seasonal Worker.
- The applicant was exempt from immigration control.
- The applicant was in the UK as an EEA national, or a family member of an EEA national, exercising their rights under the Immigration (European Economic Area) Regulations 2016 before 11 pm on 31 December 2020 (or until 30 June 2021 for those applying under Appendix EU).
The following periods do not count towards the 10-year qualifying period:
- Time spent on immigration bail, temporary admission, or temporary release.
- Any period of overstaying between permissions before 24 November 2016, even if a further application was submitted within 28 days after the previous permission expired.
- Overstaying periods between permissions on or after 24 November 2016, even if paragraph 39E applies to this overstaying period.
- Any current period of overstaying where paragraph 39E is applicable.
While periods of disregarded overstaying will not break the continuous residence, they will also not be counted toward the 10-year qualifying period for Long Residence. The applicant must have held permission in their current immigration category for at least 12 months at the time of application or must have been exempt from immigration control during the 12 months immediately prior to the application. This condition, however, does not apply if the applicant’s current permission was granted before 11 April 2024.
Continuous Residence Requirement for Further Leave to Remain on 10 Year Long Residence
The continuous residence requirements are outlined in Appendix Continuous Residence. Continuous residence may be broken under the following conditions:
- Immigration bail, temporary admission, or temporary release.
- Permission as a Visitor, Short-term Student (English language), or Seasonal Worker.
- Overstaying that is not disregarded.
Periods of overstaying that are disregarded do not break continuous residence but do not count towards the 10-year requirement.
- Disregarded overstaying periods.
- Time spent in the Common Travel Area (CTA), such as Ireland, the Isle of Man, or the Channel Islands. Under Appendix Continuous Residence (paragraph CR 2.2A), transitional provisions have been made for long residence applicants, distinguishing these rules from the previous long residence rules under paragraph 276A of the Immigration Rules. These transitional arrangements ensure that continuous residence is only broken if the applicant has been absent from the UK for more than the 184 days at any one time or more than total of 548 days overall, absence starts before 11 April 2024 as follows:
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- Any single absence started before 11 April 2024 must be no longer than 184 days.
- A total of no more than 548 days of absences over a 10-year period is allowed for those periods completed before 11 April 2024.
- There is no 548-day total limit for absences.
- The applicant must not have been outside the UK for more than 180 days in any 12-month period from 11 April 2024 onwards.
Additionally, paragraph CR 4.1.(d)(iii) preserves the position for applicants who had valid permission when they left the UK and returned with valid permission, provided they do not exceed the permissible absence limits.
Time Spent in the UK under Exceptional Assurance
Periods spent in the UK under Exceptional Assurance between 1 September 2020 and 28 February 2023 do not count towards the continuous residence required for the 10-year qualifying period. However, any extensions of leave granted under the Coronavirus Extension Concession including the grace period from 24 January to 31 August 2020, do count toward the qualifying period for long residence.
Time Spent in the Republic of Ireland and Crown Dependencies
Although the Republic of Ireland and Crown Dependencies (such as the Isle of Man and the Channel Islands) are part of the Common Travel Area, time spent in these locations under valid permission does not count towards the qualifying period for long residence in the UK.
Time Spent in the UK Under EEA Regulations
EEA nationals and their family members who were legally residing in the UK before the end of Free Movement at 11 pm GMT on 31 December 2020 could continue to exercise their residence rights under the Withdrawal Agreement until the grace period ended on 30 June 2021. After this date, they were required to apply under the EU Settlement Scheme (EUSS) to regularize their status under Appendix EU of the Immigration Rules.
To qualify for long residence based on time spent under EEA regulations, applicants must provide sufficient evidence demonstrating that they exercised their treaty rights during any periods they are relying on for their long residence application. Continuous residence under the EEA Regulations is not broken if an applicant left the UK and was later re-admitted under the same regulations.
Time Spent in the UK as a British Citizen
Any time spent in the UK as a British citizen is included in the 10-year qualifying period for long residence. Even if someone has renounced their British citizenship, their previous time spent in the UK as a British citizen still counts toward their qualifying period for long residence.
Time Spent in the UK While Exempt from Immigration Control
Time spent in the UK exempt from immigration control such as diplomats and armed forces members is counted in the qualifying period for long residence. People exempt from immigration control are typically diplomats or members of the armed forces who do not need immigration permission while serving in these roles.
Deemed Leave for Diplomats and 28 Days leave outside the rues for former Armed Forces Members
Once a diplomat’s period of exemption from immigration control ends, they are granted 90 days of “deemed leave.” Similarly, former members of the armed forces receive 28 days of leave outside the Immigration Rules upon discharge.
During these 90 or 28 days, individuals must either:
- Apply for permission to stay in the UK, or
- Leave the UK.
An individual with deemed leave does not receive a formal endorsement in their passport. However, former members of the armed forces will have an endorsement indicating their status. If an individual applies to extend their stay in the UK within the relevant period (either 90 or 28 days, depending on the circumstances) after their exemption ends, and they are granted further permission, their continuous residence remains intact. Conversely, if the person remains in the UK and fails to apply for an extension within the 90 or 28-day window, their continuous residence will be considered broken, potentially impacting their eligibility for long residence applications.
Documents Required for an FLR (LR) Application
Providing the right supporting documents is crucial to successfully applying for Further Leave to Remain based on 10 years of long residence. While specific documents may vary depending on individual circumstances, the following are commonly required:
- Passports: All passports covering the 10-year qualifying period of residence.
- BRP (Biometric Residence Permit) Card: The applicant’s BRP card.
- Evidence of Private and Family Life: Documents demonstrating family ties and private life established in the UK.
- Additional Evidence: Relevant documents to address specific issues in the long residence application, such as:
- Missing previous passports.
- Absences from the UK exceeding the permitted limits.
- Previous gaps between leave-to-remain applications.
Discretionary Evidence: If the applicant is relying on Home Office discretion to grant the application, any supporting documents to strengthen their case.
At Aden & Co Solicitors, our team of expert immigration solicitors will provide a tailored list of required documents after thoroughly assessing the applicant’s individual circumstances. By identifying any potential issues within the long residence application, we ensure that all relevant documents are prepared to strengthen your case for a successful outcome.
How Aden & Co Solicitors Can Assist with Your FLR (LR) Application
Aden & Co Solicitors specialist team of long residence immigration solicitors provides expert legal advice and representation on a fixed fee basis for applications for Further Leave to Remain (FLR) for 2 years, based on 10 years of long residence in the UK. Our fixed fee covers all aspects of your application, ensuring you receive comprehensive legal support throughout the process. Here’s how we can assist you with your FLR (LR) application:
- Requirements Assessment: Our experienced long residence solicitors will provide comprehensive guidance on the specific requirements you must meet to successfully apply for further leave to remain (FLR) for 2 years, based on 10 years of continuous residence.
- Document Preparation and Guidance: We will compile and send you a detailed list of supporting documents required for your FLR (LR) application, ensuring all necessary evidence is in place to support your case.
- Thorough Document Assessment: Our legal team will meticulously review all submitted documents to ensure they comply with the UK Immigration Rules and effectively strengthen your application for further leave to remain based on long residence.
- Application Form Completion: Aden & Co Solicitors will accurately complete the appropriate FLR (LR) application form on your behalf, ensuring all sections are properly filled to avoid delays or errors.
- Online Submission of Your Application: Our immigration solicitors will manage the entire online submission process for your FLR (LR) application, ensuring it is submitted correctly and in a timely manner.
- Biometric Appointment Scheduling: Once your FLR (LR) application is submitted, we will arrange your biometric enrolment appointment at the nearest application centre, ensuring the process proceeds smoothly.
- Customised Cover Letter: Our specialist long residence lawyers will draft a detailed cover letter, outlining how you meet all legal requirements for your FLR (LR) application. This letter will highlight the strengths of your case and reinforce your eligibility.
- Online Document Uploading: Before your biometrics appointment, we will securely upload all necessary supporting documents online to ensure they are available for the Home Office to consider.
- Comprehensive Follow-Up: Aden & Co Solicitors will handle all follow-up communication with the Home Office UKVI, keeping you informed throughout the process until a final decision is reached on your application for further leave to remain.
Why Choose Aden & Co Solicitors for Your FLR (LR) Application?
There are several compelling reasons to choose Aden & Co Solicitors for your FLR (LR) application:
- Top-Quality Legal Services
Our team of expert immigration solicitors in London offers high-quality legal services for applications for further leave to remain, backed by our excellent reputation and a 99% client satisfaction rate, as demonstrated by our 5-star Google Reviews. - Remote Legal Assistance
We offer remote legal services, allowing you to receive expert immigration advice and representation without needing to visit our offices. Through modern technology, we can handle your entire FLR (LR) application process from a distance, saving you time and travel costs. - Seven Days a Week Service Aden & Co Solicitors is open 7 days a week, providing continuous, dedicated support for your FLR (LR) application based on 10 years of residence.
- Qualified Immigration Specialists
Your application will be handled by our team of fully qualified immigration solicitors, who are specialists in long residence applications and have extensive experience dealing with such cases. - Free Online Immigration Advice
We offer free online immigration advice, allowing you to get expert guidance through our website enquiry form without any initial cost. - Fixed Fees with Flexible Payment Options
We provide affordable fixed fees for FLR (LR) applications, with the option to pay in two instalments: half at the start of your case and the remaining balance once your application is fully prepared and ready for submission to the Home Office.
Fixed Fees for FLR (LR) Application Based on Long Residence – Aden & Co Solicitors
At Aden & Co Solicitors, we offer fixed fee services for your FLR (LR) application for 2 years based on 10 years of long residence, ensuring transparency and clarity in pricing. Our fees typically range from £1,000 + VAT to £1,500 + VAT, depending on the complexity and scope of work required for your application. The agreed fee will reflect the unique aspects of your case, such as specific legal challenges or additional documentation needs.
It’s important to note that our fixed fee does not include any disbursements, such as the Home Office UKVI fees, which must be paid separately by the applicant.
Can I apply for further leave to remain on the basis of 10 years long residence using Priority or Super Priority Service?
No, the Priority or Super Priority services are not available for FLR (LR) applications. You can only apply through the standard service.
Do I need to pass the English test or Life in the UK test for FLR (LR) on the basis of 10 years long residence?
No, you are not required to pass the English language test or the Life in the UK test when applying for Further Leave to Remain based on 10 years of long residence.
What application form should I use to apply for FLR (LR) on the basis of long residence?
You should submit your FLR (LR) application online via the gov.uk website to apply for Further Leave to Remain for 2 years based on your 10-year long residence.
When can I apply for Further Leave to Remain for 2 years on the basis of 10 years long residence?
You can apply 28 days before completing your 10 years of continuous residence in the UK.
What Are the Requirements for Further Leave to Remain Based on 10 Years Long Residence?
To apply for Further Leave to Remain (FLR) based on 10 years long residence, applicants must meet specific criteria outlined in paragraph 276A1 of the Immigration Rules. Here are the key requirements:
Completion of 10 Years of Lawful and Continuous Residence in the UK
Applicants must have completed 10 years of lawful and continuous residence in the UK to qualify for further leave to remain on the basis of long residence. You can submit your application 28 days before completing the 10-year period. This qualifying period begins from:
- The date you arrived in the UK with a visa, or
- The date you were granted permission to stay in the UK.
The 10-year period doesn’t need to be recent; it can be any continuous 10-year period of lawful residence at any point in the past.
No Grounds for Refusal Based on Public Interest and Undesirability
The applicant must not present any public interest reasons that would make it undesirable to grant leave to remain. Factors taken into account include:
- Age
- Connections to the UK
- Personal history, including character, conduct, and employment record
- Domestic circumstances
- Compassionate grounds
- Any representations made on behalf of the applicant
No Refusal Under General Grounds for Refusal
Applicants must not be subject to refusal under the General Grounds for Refusal, as outlined in Part 9 of the Immigration Rules. These grounds address issues such as criminal convictions or false representations.
Not in Breach of Immigration Laws, Except Where Paragraph 39E Applies
Applicants must not currently be in breach of immigration laws. However, paragraph 39E allows exceptions for certain overstayers. If the applicant has overstayed for less than 14 days, they may still apply for further leave to remain under specific conditions outlined in the Immigration Rules.
Previous Periods of Overstaying (Gaps) Between Periods of Leave
Periods of overstaying between visas will be disregarded if:
- The application was made before 24 November 2016, and within 28 days of the previous visa’s expiration, or
- The application was submitted on or after 24 November 2016, and paragraph 39E applies to the overstaying period.
What are the requirements for absences from the UK when applying for further leave to remain based on 10 years long residence?
To qualify for further leave to remain on the grounds of 10 years of continuous residence, your residency will not be considered broken if you:
- Have been absent from the UK for no more than 6 months at any given time.
- Held valid leave to enter or remain both when you left and returned to the UK, including leave obtained upon re-entering as a non-visa national.
- Left the UK before 24 November 2016, after the expiry of your leave, applied for fresh entry clearance within 28 days of the previous leave expiring, and returned within 6 months.
- Importantly, your leave does not need to be in the same category at the time of departure and return if it was valid during both instances.
What documents are required to apply for further leave to remain based on 10 years of long residence?
A comprehensive set of supporting documents is crucial to ensuring a successful application for further leave to remain based on long residence. While the specifics depend on each applicant’s individual circumstances, the following documents are generally required:
- All passports covering the 10-year qualifying period of continuous residence.
- Biometric Residence Permit (BRP) card.
- Evidence of private or family life established in the UK.
- Any other relevant documents addressing specific issues, such as a missing passport, exceeding permitted absences, or gaps in previous applications for leave to remain.
- Documents supporting any reliance on the Home Office’s discretion in considering your application.
At Aden & Co Solicitors, our expert immigration team will provide a tailored list of necessary documents after reviewing your case and identifying any potential issues with your application.
How long does it take for the Home Office to process my application for further leave to remain based on 10 years long residence?
The Home Office UKVI typically takes up to 8 weeks to process applications for further leave to remain. However, in practice, decisions on such applications often take between 3 to 6 months.
What are useful online resources for further leave to remain based on 10 years long residence?
Further Leave to Remain 10 Years Long Residence Guidance
FLR (LR) Form to Apply for Further Leave to Remain on the basis of 10 year long residence
Apply to Settle in the UK: Long Residence
For expert legal guidance, trust Aden & Co Solicitors to assist with your application, ensuring a smooth and efficient process.