ILR – 10 Years Long Residence – [SET(LR) Application]
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 a decade. This route applies to individuals who have been in the UK legally for 10 years or more, with time spent under most visa categories counting towards the qualifying period. ILR applicants must meet specific criteria as outlined in Appendix Long Residence of the Immigration Rules, which replaced previous provisions in Part 7 (rules 276A-276D) as of 11 April 2024.
To qualify for ILR based on the 10-Year Long Residence category, applicants must demonstrate both continuous and lawful residence within the UK. Those who meet the settlement requirements may be eligible for immediate ILR. Alternatively, applicants who satisfy the qualifying period, continuous residence, and suitability requirements—but not the English language or Life in the UK knowledge—may apply for temporary permission to stay. Individuals who have been in the UK for a prolonged period but lack continuous lawful residence for 10 years might qualify under Appendix Private Life. Notably, dependents cannot apply through the Long Residence route.
If expedited processing is needed, applicants may select the Super Priority Service for a decision on ILR within 24 hours.
Free Immigration Consultation for ILR 10-Year Long Residence At Aden & Co Solicitors, our team of experienced immigration solicitors offers a free initial consultation online regarding ILR applications based on 10 years of residency. Reach out to our expert team for tailored advice or book a consultation with our ILR specialists to discuss your long-residence application in greater detail.
Specialist Solicitors for ILR Based on 10 Years of Residence
At Aden & Co Solicitors, our team of expert long-residence solicitors specializes in Indefinite Leave to Remain (ILR) applications based on extended UK residence. With extensive experience, our skilled lawyers have successfully managed hundreds of ILR applications for clients who have maintained 10 years of continuous residency in the UK. Our proficiency in ILR procedures, coupled with the Super Priority Service, enables us to prepare and submit applications, often securing a decision within 24 hours.
Recognized Immigration Expertise at Aden & Co Solicitors
“Aden & Co Solicitors is distinguished for its high-quality UK immigration services, evident from our extensive five-star Google reviews. Our team of qualified and highly experienced immigration solicitors consistently delivers exceptional legal support across all UK visa and immigration matters, achieving client satisfaction with a remarkable 99% positive rating.”
Swift Super Priority Service for 10-Year ILR Applications
As trusted immigration specialists registered with the Home Office, UK Visas & Immigration (UKVI), and UKVCAS Sopra Steria, we facilitate the Super Priority Service for ILR applications on the basis of long residence. Through this service, ILR applicants receive decisions within 24 hours, minimizing delays and offering an efficient alternative to prolonged processing times.
One-Off Super Priority Service Submission
For clients requiring an expedited submission, Aden & Co Solicitors offers a unique one-off service to lodge completed ILR applications through the Super Priority Service, guaranteeing decisions within 24 hours. This is provided under a Conditional Fee Agreement (CFA): if we are unable to submit your application within 48 hours after payment, a full refund is issued, with no deductions. Our fixed fee of £250 + VAT (£300 including VAT) ensures transparency and trust throughout your ILR application process.
To apply for Indefinite Leave to Remain (ILR) based on a 10-year continuous residence in the UK, adhere to these comprehensive steps with guidance from Aden & Co Solicitors:
- Complete the SET (LR) Form: Access the UK Visas and Immigration (UKVI) website to fill out the online SET (LR) application form specifically designed for long residence.
- Submit and Pay Fees: After completing your ILR application form, submit it online along with the required UKVI fee.
- Book Your Biometric Appointment: Register on the UK Visa and Citizenship Application Services (UKVCAS) portal to secure a biometric appointment.
- Upload Supporting Documents: Ensure all relevant documents are uploaded to your UKVCAS account prior to the scheduled biometric appointment.
- Attend the Biometric Appointment: Bring your BRP (Biometric Residence Permit), passport, and your biometric appointment letter when attending.
- Await a Decision: For standard processing, expect a decision within 3-6 months. If applying through the Super Priority Service, a decision may arrive within 24 hours.
Eligibility Criteria for ILR on the 10-Year Long Residence Route
To qualify for ILR under the long residence route as outlined in Immigration Rules, Paragraph 276B, applicants must meet these key requirements:
Valid Application: Applicants must apply through the “Apply to Settle in the UK – Long Residence” form available on gov.uk. Additionally, the following must be satisfied:
- Payment of all applicable fees
- Completion of biometric enrolment when requested
- Submission of a passport or equivalent identification confirming identity and nationality.
Application Validity: The applicant must be physically present in the UK on the application date. Applications that do not fully meet these requirements may be deemed invalid and will not be processed.
10-Year Long Residence Requirement with Aden & Co Solicitors
To qualify under the UK’s 10-Year Long Residence requirement, an applicant must have maintained lawful residency in the UK for a continuous period of 10 years. During this period, one or more of the following must apply:
- The applicant had valid immigration permission, excluding permissions as a Visitor, Short-term Student (English language), or Seasonal Worker, including their predecessor categories; or
- The applicant was exempt from UK immigration control; or
- The applicant resided in the UK as an EEA national or a family member of an EEA national, exercising a right to reside under the Immigration (European Economic Area) Regulations 2016, applicable prior to 11 pm on December 31, 2020 (with this eligibility extending until June 30, 2021, or the final determination of an application under Appendix EU submitted by this deadline).
Any extended permission under Section 3C of the Immigration Act 1971 is considered lawful residence for the purpose of fulfilling the Long Residence requirement.
However, certain timeframes do not contribute to the qualifying period, including:
- Time spent under immigration bail, temporary admission, or temporary release.
- Any overstaying between permissions before November 24, 2016, even if a subsequent application was submitted within 28 days of the prior permission’s expiration.
- Overstaying between permissions after November 24, 2016, even if paragraph 39E applies.
- Any current period of overstaying subject to paragraph 39E considerations.
While these periods do not disrupt continuous residence, they do not count towards the 10-year period. Additionally, applicants must hold permission on their current immigration route for at least 12 months prior to application submission or have been exempt from immigration control in the previous 12 months. This condition does not apply if the applicant’s current permission was granted before April 11, 2024.
Continuous Residence Requirement
To qualify, applicants must meet the continuous residence criteria specified in Appendix Continuous Residence throughout the entire qualifying period. Aden & Co Solicitors can assist in ensuring compliance with these requirements to strengthen the application.
Suitability Requirements
Applicants must satisfy the decision maker that there is no reason for refusal under Part 9: grounds for refusal. To be eligible:
- Applicants should not be in violation of immigration laws; however, periods of overstaying covered by paragraph 39E may be disregarded, although they will not contribute toward the qualifying period.
- Applicants must not be on immigration bail.
English Language Requirement
Unless an exemption is applicable, applicants must demonstrate English language proficiency at a minimum level of B1 in speaking and listening, as per the Common European Framework of Reference for Languages. Aden & Co Solicitors provides guidance on meeting these language standards, as outlined in Appendix English Language, ensuring applicants understand whether they meet the requirement or qualify for an exemption.
Knowledge of Life in the UK Requirement
Unless exempt, applicants are required to demonstrate knowledge of life in the UK in accordance with Appendix KOL UK. Aden & Co Solicitors can guide applicants through this requirement, ensuring they either fulfill it or confirm exemption status as specified in Appendix KOL UK.
Continuous Residence Requirement for ILR (10 Years Long Residence)
The criteria for continuous residence under the 10-year ILR route (paragraph LR 12.1) are detailed in Appendix Continuous Residence within the UK Immigration Rules. Aden & Co Solicitors provides expert guidance on meeting these requirements for long-term UK residency.
Periods That Break Continuous Residence:
- Instances of immigration bail, temporary admission, or temporary release
- Time spent as a Visitor, Short-term Student (English language), or Seasonal Worker (and their predecessor pathways)
- Any overstaying period that isn’t disregarded under the rules
Periods That Do Not Break Continuous Residence:
- Disregarded overstaying periods
- Time within the Common Travel Area
Appendix Continuous Residence (at paragraph CR 2.2A) acknowledges updates from the prior long residence rules at paragraph 276A and includes transitional arrangements for long residence applicants. Under these provisions:
- Absences initiated before 11 April 2024 must be no longer than 184 days individually.
- A completed 10-year period before 11 April 2024 must not exceed 548 days of total absences. For 10-year periods extending past 11 April 2024, there is no 548-day maximum.
- From 11 April 2024, applicants must not have spent more than 180 days outside the UK within any 12-month period.
Paragraph CR 4.1.(d)(iii) also allows applicants who left and returned with valid permission before 11 April 2024 to maintain continuous residence as long as they do not surpass the allowable absence limits.
Exceptional Assurance Periods and ILR Qualification Periods of exceptional assurance (1 September 2020 to 28 February 2023) do not count toward the continuous residence calculation. However, extensions granted during the Coronavirus concession period (24 January to 31 August 2020) are included in meeting the qualifying residency period.
Time in the Republic of Ireland and Crown Dependencies While the Republic of Ireland and Crown Dependencies (Isle of Man and Channel Islands) are within the Common Travel Area, time spent there with permission does not contribute to the qualifying period for long residence.
Residence Time in the UK under Exceptional Assurance
From 1 September 2020 to 28 February 2023, any periods covered by exceptional assurance are excluded from the calculation of continuous residence required for qualification. However, any extensions granted under the COVID-19 concession and the subsequent grace period (from 24 January to 31 August 2020) are counted towards meeting the residency period.
Residence in the Republic of Ireland and Crown Dependencies
Time spent with permission in the Republic of Ireland or Crown Dependencies (Isle of Man and the Channel Islands), though within the Common Travel Area, does not contribute to the qualifying residency calculation for long-term UK residence.
Residence in the UK under EEA Rights
EEA nationals and their family members who were UK residents before the end of Free Movement (11 pm GMT, 31 December 2020) could continue exercising EEA residence rights under the Withdrawal Agreement until the end of the grace period on 30 June 2021. After this date, these individuals must apply to the EU Settlement Scheme per Immigration Rules Appendix EU to regularize their residency and avoid unlawful stay. Evidence of exercising treaty rights must support the application, showing compliance with long-term residence rules. The qualifying period for long-term residency does not influence the rights of family members who may have previously acquired permanent residence under Regulation 15 of the EEA Regulations after five years of residence.
Should an applicant leave the UK with a right to reside under the EEA Regulations and later re-enter under the same rights, their continuous residence remains intact.
Residence in the UK as a British Citizen
Any time spent in the UK as a British citizen counts towards the qualifying period. This remains applicable even if an individual has since renounced British citizenship, as such periods continue to apply for 10-year-long residence applications.
Residence in the UK under Immigration Exemption
Periods in the UK where an individual was exempt from immigration control, such as diplomats or armed forces members, are counted towards continuous residence.
Deemed Leave for Diplomats and Armed Forces Exemptions
Diplomats receive a “deemed leave” period of 90 days after their exemption from immigration control ends, while former armed forces members are granted 28 days outside the Immigration Rules upon discharge. By the end of these periods, individuals must:
- Apply for further permission to stay, or
- Exit the UK.
For diplomats and former armed forces members, remaining in the UK without applying for further permission within the specified periods breaks continuous residence. Notably, individuals with deemed leave do not have an endorsement in their passport, while former armed forces members receive such an endorsement. If they apply to extend their stay within the applicable timeframe, their residence continuity is preserved.
Required Documents for ILR 10-Year Long Residence Application
A successful ILR (Indefinite Leave to Remain) application based on a 10-year long residence hinges on thorough supporting documentation. Each case’s document requirements can differ, as they align with the specific circumstances of the applicant. Typically, documents necessary for this ILR application include:
- Passports Covering the 10-Year Residence Period: All passports that evidence the applicant’s qualifying residence period.
- Biometric Residence Permit (BRP) Card: The applicant’s current BRP card.
- Proof of Private and Family Life in the UK: Any documentation showing the applicant’s established private and family life within the UK.
- Additional Supporting Evidence: Documents addressing particular issues, such as missing passports, prolonged absences beyond permitted days, or gaps in leave-to-remain status.
- Discretionary Evidence: Information to support any request for the Home Office to exercise discretion in the applicant’s favor, when necessary.
- Life in the UK Test Certificate: Proof of passing the Life in the UK test.
- English Language Proficiency at Level B1: Evidence that the applicant meets the B1 standard in listening and speaking.
“At Aden & Co Solicitors, our team of immigration specialists meticulously assesses each applicant’s situation to identify any potential issues and curate a tailored list of essential documents, ensuring thorough preparation for a successful ILR application.”
Family Members of an ILR Applicant Based on 10-Year Long Residence
Under the current Immigration Rules, dependants cannot be included in a primary applicant’s 10-year ILR application. Family members, if eligible, must apply independently under the same 10-year residency requirements using the SET (LR) form. They may apply for ILR separately if they have also completed a 10-year qualifying residence.
For dependants of a settled person under the long residence route, options include extending permission to stay or applying for ILR through their own qualifying route. Partners and children can seek leave to remain in the UK as dependants of a settled person, even if they do not qualify for ILR based on long residence. Children born in the UK may apply for British citizenship once either parent attains ILR.
Reapplying for ILR Based on 10-Year Long Residence after Refusal
If an ILR application based on a 10-year residence has been denied and cannot be effectively challenged, the applicant may submit a fresh application. This new application must adhere to the requirements in paragraph 39E of the Immigration Rules. The Super Priority Service is recommended to expedite processing, aiming for a decision within 24 hours.
Appealing a Refusal of ILR Based on 10-Year Long Residence
Applicants who receive a refusal for ILR on the 10-year residence basis and are granted a right to appeal should submit their appeal to the First Tier Tribunal within 14 days. Grounds for appeal may include that the decision contravenes Immigration Rules or violates private and family life rights under Article 8 of the European Convention on Human Rights (ECHR). At Aden & Co Solicitors, our seasoned immigration attorneys can represent clients in their appeals, offering expert guidance and representation to challenge the refusal of SET (LR) applications effectively.
Naturalisation as a British Citizen After ILR with Aden & Co Solicitors
Eligible candidates can apply for British citizenship through naturalisation 12 months after obtaining Indefinite Leave to Remain (ILR), provided they have maintained lawful residence in the UK for the last five years. However, if you are married to a British citizen, the residence requirement shortens to three years, and there’s no mandatory 12-month waiting period after ILR approval before applying. Absence limits apply: for those applying after five years, absences from the UK should not exceed 450 days within that period, while those applying based on three years of residence due to marriage should ensure absences stay under 270 days. In addition, applicants must not have been outside the UK for more than 90 days in the 12 months immediately preceding their naturalisation application. Aden & Co Solicitors’ seasoned naturalisation experts provide guidance and legal support, especially for cases involving 10-year residence qualifications, ensuring a seamless application process for British citizenship.
How Can Aden & Co Solicitors Support Your ILR 10-Year Long Residence Application?
Aden & Co Solicitors’ team of seasoned immigration specialists offers unparalleled expertise and guidance for your ILR application based on 10 years of continuous residence. Our fixed fee structure ensures transparency and cost-effectiveness, covering every aspect of your ILR application. Here’s what our comprehensive service includes:
Expert Guidance on Eligibility: Our legal advisors assess your case, providing precise advice on the specific requirements for a successful ILR application based on a decade of residence in the UK.
Documentary Support: You’ll receive a thorough list of necessary supporting documents curated by our ILR specialists, tailored to maximize your application’s success.
Document Review and Verification: Each document is meticulously reviewed by our team to ensure compliance with UKVI standards, minimizing risks of delays or rejections.
Application Form Completion: Aden & Co Solicitors will handle the application form, ensuring accuracy and adherence to immigration guidelines.
Priority Submission for Expedited Decisions: Using the Super Priority Service, our team can submit your ILR application for a 24-hour decision, providing the fastest route to your ILR approval.
Biometrics Appointment Scheduling: Once your application is submitted, we’ll arrange your biometrics appointment, handling all details for a seamless experience.
Comprehensive Cover Letter: Our experts will draft a detailed cover letter, highlighting how your application meets all legal requirements, further reinforcing your case.
Online Document Upload: All supporting documents are uploaded before biometrics, ensuring efficient processing of your ILR application.
Continued Representation: Aden & Co Solicitors will keep you updated throughout the process, representing your interests until the final decision is made by the UKVI.
Why Choose Aden & Co Solicitors for Your ILR 10-Year Long Residence Application?
Aden & Co Solicitors offers you unmatched service for your ILR application with a focus on exceptional quality, accessibility, and transparency. Here are some reasons to choose us:
Exceptional Legal Quality: Our 5-star rated team in London provides top-tier legal representation for ILR applications, as evidenced by consistently high client reviews.
Remote Services Available: We leverage advanced technology to offer remote assistance, making it easy for you to access our expert advice without visiting our office—saving time and travel expenses.
Seven-Day Availability: Our team is available every day of the week, ensuring dedicated support for your ILR application when it’s convenient for you.
Qualified, Experienced Solicitors: Every ILR case is handled by qualified immigration solicitors with extensive expertise in long-residence applications.
Fast Track Visa Service: Our team is well-versed in the Super Priority Visa Service, preparing your ILR application for rapid submission and securing a 24-hour decision where possible.
Complimentary Online Immigration Advice: Receive free initial advice via our online enquiry form, designed to help you understand the process without commitment.
Transparent Fixed Fee with Payment Plans: Our services are offered on an affordable, fixed-fee basis, with the option to pay in two instalments—half upon initiation and the remaining upon completion, ensuring flexibility in payment.
What Are the Costs of Applying for ILR Under the 10-Year Long Residence Rule?
When considering an application for Indefinite Leave to Remain (ILR) based on 10 years of long residence, it’s essential to understand the associated costs. Below, we detail the financial requirements for your ILR application:
Our Fixed Fees for Your ILR Application
At Aden & Co Solicitors, we offer transparent fixed fees for processing your ILR application grounded in a decade of residency, ranging from £800 + VAT to £1,200 + VAT. This fee encompasses a comprehensive array of services, including:
- Expert advice on required documents.
- Thorough verification of your documentation.
- Completion and online submission of the application form.
- Coordination of your biometrics appointment.
- Drafting a tailored cover letter to support your application.
- Uploading all relevant documents for consideration.
- Ongoing follow-up until the Home Office UKVI reaches a decision.
The total fixed fee will vary based on the complexity of your specific situation and the amount of work required for your ILR application. An initial payment of 50% of our fee is required at the commencement of our services, with the balance due upon completion and readiness for submission of your application.
Options for Budget-Conscious Applicants
“If the full service fee presents a financial challenge, we provide an alternative: you can schedule an online consultation for our one-off immigration advice service at a fixed fee of £100 (including VAT). Additionally, our document-checking service is available for £300 (including VAT).”
UKVI Fees for Your ILR 10-Year Long Residence Application
Alongside our fixed fees, applicants must also remit the Home Office UKVI fee of £2,885. For those seeking expedited processing, an additional £1,000 can be paid for the Super Priority Service, ensuring a decision within 24 hours.
Additional Related Services
FAQs – Indefinite Leave to Remain (ILR) Application Based on 10 Years of Long Residence
Below are the frequently asked questions (FAQs) regarding the Indefinite Leave to Remain (ILR) application based on a decade of continuous residence in the UK:
Can I apply for ILR through the Super Priority Service?
Absolutely! You are eligible to submit your ILR application based on a 10-year long residence using the Super Priority Service, which ensures a decision on your application is made within 24 hours.
As expert long residence solicitors located in London, we are officially registered with the Home Office and UK Visas & Immigration (UKVI). Additionally, we collaborate with UKVCAS Sopra Steria to facilitate the Super Priority Service for SET (LR) applications. This means your ILR application will receive a resolution within 24 hours when submitted through this service.
Our skilled ILR solicitors are equipped to efficiently prepare and file your ILR application, expediting the decision process through the Super Priority Service. This approach eliminates the lengthy waiting periods often associated with ILR applications, which can span several months or even years.
For a fixed fee of £250 plus VAT (£300 inclusive of VAT), we also offer a one-off service to submit your ILR application via the Super Priority Service.
How can I apply for ILR based on 10 years of long residence?
To apply for Indefinite Leave to Remain (ILR) on the grounds of 10 years of long residence, you must complete an online SET (LR) application after residing continuously and lawfully in the UK for the full duration.
What options are available for family members of someone applying for ILR based on 10 years of long residence?
Once you receive your ILR based on 10 years of long residence, your family members (dependants) have several options:
- They can apply for ILR independently using the SET (LR) form if they have also completed 10 years of lawful residence in the UK. Please note that you cannot include your partner or children in your SET (LR) application.
- Your PBS Dependent partner may seek an extension of their PBS Dependent visa or apply for ILR as a PBS Dependent under their current PBS route, provided you were granted leave to remain under the relevant PBS route at the time of your ILR application.
- If your family member is not in the UK on a PBS Dependent visa leading to ILR or is ineligible for ILR on the basis of 10 years of long residence, they can apply for leave to remain in the UK as the partner of a settled individual under Appendix FM of the Immigration Rules after your ILR grant. They may also be able to include their children in this application.
Any children born in the UK are eligible to apply for registration as British Citizens as soon as either parent is granted ILR.
Can I apply for ILR after 9 years of residence in the UK?
No, you can only apply for Indefinite Leave to Remain (ILR) after 10 years of continuous and lawful residence. You may submit your application 28 days before reaching the 10-year mark. The Home Office may deny your ILR application if you have not completed the qualifying period at the time of their decision. If you are a few months short of completing the decade of long residence, you might be able to extend your leave temporarily under Section 3C through an appropriate immigration application, allowing you to meet the 10-year requirement.
When can I submit my ILR application based on 10 years of long residence?
You may apply for ILR based on 10 years of long residence within 28 days of completing your decade in the UK. This applies whether you choose the standard service or the Super Priority Service, which offers a decision within 24 hours.
How can I contest the refusal of my ILR application based on 10 years of long residence?
If the Home Office, UKVI, denies your ILR long residence application, and you believe the refusal is unjust, you can contest the decision by filing an Appeal Against Refusal of SET (LR) application with the First Tier Tribunal (FTT) within 14 days of receiving the refusal notification. If you do not have an in-country right to appeal, you can still challenge the refusal through the Pre Action Protocol (PAP) and Judicial Review (JR) against the Home Office’s decision.
Can I reapply for ILR based on 10 years of long residence after a refusal?
If your ILR application under SET (LR) has been rejected by the Home Office, and you deem the refusal to be lawful and therefore not subject to a successful appeal, you may have the option to reapply within 14 days of your Section 3C leave expiring. Our team can provide essential legal assistance with your reapplication through our Super Priority Service.
Am I eligible to apply for ILR after 10 years?
Yes, you can apply for Indefinite Leave to Remain (ILR) in the UK if you have legally resided in the country for a continuous period of 10 years, referred to as ‘long residence.’
How soon can I apply for ILR based on 10 years of long residence?
You may submit your ILR application 28 days prior to the completion of your 10 years of continuous and lawful residence in the UK, starting from your initial date of entry.
Can a child under 18 apply for SET (LR) based on 10 years of lawful residence?
Yes, a child who has lived continuously and lawfully in the UK for 10 years is eligible to apply for ILR based on their long residence.
Is time spent on Section 3C leave included in the 10 years of long residence for ILR?
Yes, any time spent in the UK while on Section 3C leave counts toward the calculation of lawful residence for ILR eligibility.
How are absences from the UK assessed for ILR based on 10 years of long residence?
The UKVI assesses absences based on several criteria:
- Information provided on the application form.
- UK exit and entry stamps in your passport.
- Landing cards to confirm entry dates into the UK.
The UKVI requires sufficient evidence demonstrating that you have been continuously in the UK for the necessary 10 years. Only complete days are included in this calculation, meaning part-day absences (less than 24 hours) are not considered. Therefore, the dates of your departure from and arrival in the UK will not contribute to your total absence period, as you will not have been outside the UK for an entire day on those dates.