ILR – Long Residence: Changes to the Continuous Period of Residence Requirement

Indefinite leave to remain (ILR), also known as settlement, gives an individual the right to live permanently in the UK (subject to restrictions). With ILR, individuals enjoy a range of benefits, such as the right to undertake unrestricted employment in the UK, set up a business and access public funds, if eligible.

Various immigration routes lead to ILR, including, for example, completing five years of residence as the spouse of a British citizen or a skilled worker. However, if one has lived in the UK continuously for the last 10 years and, during this time, held various visas that do not lead to settlement (e.g., Student visa, Intra-Company transfer visa), they may be able to make an application for ILR under the “long residence” route. 

Continuous residence requirement

To qualify for ILR based on the 10-year “long residence” rule, one must demonstrate that they have resided lawfully in the UK for at least 10 continuous years.  

Under the previous Immigration Rules, time spent on the following temporary short-term entry clearance visas could be counted towards the 10 years: 

• Visitor;
• Short-term Student; or
• Seasonal Worker.

However, as of April 2023, time spent in the UK on these short-term visas no longer counts towards the 10-year continuous residence period. This change appears to have a retrospective effect.

What does this mean for applicants?

If one entered the UK on any of these short-term visas and has subsequently acquired long-term immigration status, they will not be able to rely on that initial short-term leave as part of a long residence application.

The continuous residence period will instead start from the date that they obtained a visa in a qualifying category which – broadly speaking – is any UK visa status (such as a student or work visa) that does not fall within the precluded list above.

Furthermore, if any part of their 10-year qualifying period of residence includes time in the UK on one of these short-term visas – even if this was not the visa first used to enter the UK – the new rules mean they will not be able to rely on this time for the Long Residence application, and the 10-year qualifying period will effectively restart from the point when they obtain an eligible visa.

Additionally, time spent in the UK with temporary admission or on immigration bail where leave to remain is subsequently granted will no longer count towards the continuous residence period.

Scenario

B entered the UK as a Tier 4 Student on 1 January 2013 valid until 1 January 2016. Whilst studying, B entered a relationship with a British national and got married on 15 November 2015. On 1 January 2016, B applied to switch to the partner route as the partner of a British citizen. This application was granted valid from 1 April 2016 to 1 October 2018. B’s relationship broke down and her visa was cancelled on 1 September 2018. She left the UK on 20 August 2018.

B re-entered the UK on a visitor visa on 15 September 2018 and remained in the UK until 1 March 2019. After leaving the UK, she made an application for leave to enter as a Skilled Worker, which was granted valid from 1 April 2019 to 1 April 2024.

Before the change in the Rules, B would have been eligible for ILR on 1 January 2013, as she had been in the UK for 10 years continuously, whilst always having a valid visa. However, following the change to the rules, she cannot rely on the period between 20 August 2018 to 1 March 2019, a period in which she was holding a short-term visitor visa. B will now not be eligible for ILR based on the 10-year continuous residence in 2023, as the continuity in her residence has now been broken by this period.

Implications to consider

If you entered the UK on any of the aforementioned short-term visas, the date that you may be eligible for ILR will have now changed. Alternatively, you may be expecting that you will qualify for ILR under the long residence rules by a certain date by relying on time spent in the UK as a visitor, for example, and this may no longer be the case.

A detailed analysis of your immigration history by one of Fragomen’s experienced immigration lawyers can help you understand if you have been affected by the new rules and the optimal time for you to apply for indefinite leave to remain.

Need to know more?

For further information on ILR requirements, or if you are concerned about whether you meet the continuous residence requirement for ILR, please contact Manager Alisa Bartholdy at [email protected].

This blog was published on 2 June 2023, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please visit our dedicated COVID-19 site, subscribe to our alerts and follow us on LinkedIn, Twitter, Facebook and Instagram.