The new ILR 10-year long residence guidance: cancellation of the absences limit of 548 day and other amendments

On 11 April 2024, Appendix Long Residence replaced the rules on the long residence which were previously contained in Part 7 (rules 276A-276D) of the Immigration Rules.

The below requirements are applicable to long residence settlement applications made on or after 11 April 2024.

Among the key amendments and clarifications introduced into the Appendix Long Residence are the following:

1. New qualifying period requirements for settlement on the long residence route

No periods of overstaying (disregarded or otherwise) are included in the calculation of the continuous residence for the qualifying period. No periods of exceptional assurance between 1 September 2020 and 28 February 2023 are included in the calculation of the continuous residence for the qualifying period.

However, any extensions of leave granted under the Coronavirus extension concession and the following grace period (covering 24 January to 31 August 2020) count toward the qualifying period requirement.

Even though they form part of the common travel area, time with permission spent in the Republic of Ireland or the Crown Dependencies (the Isle of Man and the Channel Islands) does not count in the calculation of the qualifying period for the purposes of long residence.

2. New requirement about 12-month validity of permission on the current immigration route

The applicant must also have had permission on their current immigration route (for example, Skilled Worker visa, Student visa, Spouse visa, etc.) for at least 12 months on the date of application or have been exempt from immigration control within the 12 months immediately before the date of application. This requirement does not apply where the applicant’s current permission was granted before 11 April 2024.

3. Time spent in the UK with a right to reside under EEA regulations

Sufficient evidence must be provided to demonstrate that the applicant has been exercising treaty rights throughout any period that they are seeking to rely on for the purposes of meeting the long residence rules.

4. Time spent in the UK as a British citizen

Time spent in the UK as a British citizen must be counted in the qualifying period. People may have spent time in the UK as a British citizen and since renounced their British citizenship. This time spent as a British citizen in the UK would still count in the qualifying period for 10-year long residence applications.

5. Time spent in the UK whilst exempt from immigration control

Time spent in the UK exempt from immigration control must be counted in the qualifying period. People exempt from immigration control include diplomats and members of the armed forces.

      6. Limits of absences to qualify under the long residence route

The limits of absences are the following:

• any single absences started before 11 April 2024 must be no longer than 184 days
• a 10-year period completed before 11 April 2024 must not have total absences of more than 548 days - for 10-year periods which extend beyond 11 April 2024, there is no 548-day limit
• from 11 April 2024 the applicant must not have been outside the UK for more than 180 days in any 12-month period