Indefinite Leave to Remain (ILR) based on 10 years of continuous residence is a pathway to permanent residency for individuals who have lived in the UK continuously and lawfully for ten years. 

Indefinite Leave to Remain (ILR) is an immigration status in the UK that allows foreign nationals to live and work in the country without any time restrictions. It is often seen as a significant milestone for individuals who have been living in the UK under various immigration categories.

If you are considering applying for ILR based on 10 years long residence, our team of immigration solicitors will tailor our services to your specific needs. We offer personalised consultations to assess your eligibility, review your documents, and provide thorough guidance on the ILR application process.

If you need help with a UK visa application or any other type of immigration matter, contact our immigration solicitors by calling 0208 616 5535 or filling out our online contact form. We are here to guide you every step of the way.

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What are the benefits of ILR?

Obtaining Indefinite Leave to Remain in the UK offers numerous benefits, including:

  • Freedom to live and work in the UK without immigration restrictions.
  • Access to public services, such as healthcare and education, on the same basis as UK citizens.
  • Eligibility to apply for British citizenship after holding ILR for a specified period.

Requirements for ILR based on 10 years long residence

When it comes to obtaining Indefinite Leave to Remain (ILR) based on 10 years long residence, there are various eligibility criteria and requirements that applicants must meet.

  • You must have continuously and lawfully resided in the UK for at least ten years.
  • You must not have spent more than a specified number of days outside the UK during this period, usually no more than 180 days in any 12-month period.
  • You must have enough money to support yourself and any dependents without relying on public funds.
  • You may need to prove your proficiency in the English language, depending on your nationality.
  • You must pass the Life in the UK test, which assesses your knowledge of British culture, history, and society.
  • You must demonstrate that you are of good character, which generally means you have not committed any serious criminal offences.

Depending on the type of your appication and circumstances, you must meet all the other eligibility requirements. Schedule a consultation with our UK immigration solicitor for your eligibility assessments.

Continuous residence requirement

Continuous 10 years of lawful residence refers to a requirement for Indefinite Leave to Remain (ILR) applications in the UK. It means that an applicant must have lived in the UK for a continuous period of 10 years, during which they must have had legal permission to stay in the country throughout the entire period.

If an applicant meets the continuous 10 years of lawful residence requirement, they may be eligible to apply for ILR, which is a type of permanent residency in the UK that allows the holder to live and work in the country without any time restrictions.

180 days absence rule for ILR applications

To apply for ILR on the basis of 10 years long residence, an applicant must have been physically present in the UK for the entire 10-year period. However, there are some limited circumstances where an applicant may have been absent from the UK for a short period of time and still be eligible for ILR.

For example, an applicant may be absent from the UK for up to 180 days in any 12-month period during the 10-year period and still meet the continuous residence requirement.

However, any absence from the UK for more than 180 days in any 12-month period may break the continuity of the applicant's residence, unless there are exceptional circumstances, such as serious illness or caring responsibilities.

Additionally, if an applicant has been absent from the UK for more than 180 days in any 12-month period, they may still be eligible for ILR if they can demonstrate that they have strong ties to the UK, such as family, business, or property interests, and that their absence was temporary and they always intended to return to the UK.

It's important to note that each case is considered on its individual merits, and the Home Office will assess the circumstances of each applicant's case to determine whether they meet the requirements for ILR on the basis of 10 years long residence.

Life in the UK test for ILR

When applying for Indefinite Leave to Remain (ILR) in the UK, you will generally be required to pass the Life in the UK test as part of the application process. The test is designed to assess your knowledge of British culture, customs, and history, and it is a requirement for most settlement and citizenship applications.

English language requirements

You must prove you can read, write, speak and understand English to at least level B1 on the Common European Framework of Reference for Languages (CEFR) scale.

You can meet the requirements by:

Documents required for ILR based on 10 years long residence

When you apply for indefinite leave to remain based on 10 years long residence, you will need to provide:

  • a current passport or other valid travel document to prove your identity
  • biometric residence permit (if you have been issued a BRP)
  • evidence that you have been continuously resident in the UK for the required period
  • evidence of absence from the UK
  • evidence that you have enough money to support yourself and any dependents
  • evidence of English language proficiency
  • evidence that you have passed the Life in the UK test

The document checklist provided above is not exhaustive, and additional documents may be required depending on the type of your UK visa application and your circumstances. Schedule a consultation with our UK immigration solicitor to get a comprehensive list of required documents and eligibility assessments.

How to apply for ILR based on 10 years long residence?

Applying for an indefinite leave to remain involves several steps, here is a general outline of the application process:

  • Determine Eligibility: Before applying for ILR, ensure you meet the eligibility criteria for indefinite leave to remain.
  • Preparing Documents: Gather all necessary documents, including a passport, biometric residence permit, proof of residence, evidence of English language proficiency, and any other supporting documents.
  • Completing the Application Form: Fill out the application form carefully, providing accurate information about your immigration history, personal details, and reasons for applying for ILR.
  • Booking Biometric Appointment: Schedule an appointment to have your biometric information (fingerprints and photograph) taken at a designated visa application centre.
  • Submitting the Application: Submit your application online or by post, along with the required fee and supporting documents.
  • Attending the Biometric Appointment: Attend your biometric appointment as scheduled, where your biometric data will be collected.
  • Waiting for a Decision: Once your application is submitted, you will receive a confirmation of receipt. The Home Office will then process your application, which may take 3-6 months.

You must carefully follow the application instructions and provide accurate and complete information and documentation to avoid delays or refusal of your ILR application. If you have any questions or concerns about the application process, consider seeking guidance from our expert UK immigration solicitor in London.

Indefinite leave to remain application processing time

Indefinite Leave to Remain (ILR) applications generally take around 3-6 months if applying using the standard service. However, you may be eligible to use the "Super Priority Service" or the "Priority Service" to get a faster decision.

The processing time for a UK visa or immigration application can vary depending on several factors. All the applicants are advised to check the latest information about application processing time on the official UK government website.

How can immigration solicitors help with ILR applications?

Immigration solicitors play a crucial role in assisting individuals with their ILR applications by providing expert guidance, legal advice, and representation throughout the application process. Here's how immigration solicitors can help:

  • Initial Consultation: Our immigration solicitors offer an initial consultation where we assess the individual's circumstances and eligibility. During this consultation, we provide an overview of the ILR  application process, requirements, and potential challenges.
  • Document Preparation: Our immigration solicitors guide applicants through the preparation of required documents, ensuring they are accurate, complete, and compliant with the UK Visas and Immigration (UKVI) requirements.
  • Application Form Completion: Our solicitors will fill in the ILR application form(s) accurately and thoroughly to avoid any delays or rejection. We provide guidance on answering questions in the application form, providing necessary information, and disclosing any relevant details required by the UKVI.
  • Application Submission: We will compile and organise your ILR application package and submit your ILR application to the UKVI or relevant immigration authorities. We ensure that all required documents are included, application fees are paid, and submission deadlines are met.
  • Communication with Authorities: Our immigration solicitors act as intermediaries between the applicant and the UKVI, representing the applicant's interests and communicating with immigration authorities on their behalf. We handle any correspondence, requests for additional information, or enquiries from the UKVI throughout the application process.
  • Follow-Up and Monitoring: We monitor the progress of the ILR application and provide updates to the applicant as needed. We follow up with immigration authorities to expedite the processing of the application and address any issues or concerns that may arise during the assessment period.

How to contact us?

If you require expert legal advice or assistance, don't hesitate to contact us today. Our highly experienced team of solicitors & lawyers is here to guide you every step of the way.

To schedule a consultation with a solicitors in London, please call us on 0208 616 5535 or contact us through our online contact form.

FAQs: Indefinite Leave to Remain

Yes, individuals with ILR can travel freely in and out of the UK. However, prolonged absences from the UK may affect eligibility for ILR renewal or citizenship applications, and applicants should ensure they meet the residency requirements.

You should be aware that to keep your indefinite leave to remain valid, you must return to the United Kingdom within 2 years.

Yes, applicants for ILR are generally required to demonstrate proficiency in the English language and pass the Life in the UK test, which assesses knowledge of British customs, laws, and society.

In certain circumstances, individuals may lose their ILR status, such as prolonged absences from the UK, criminal convictions, or breaches of immigration laws. It's essential to comply with immigration requirements to retain ILR.

To schedule a consultation, you can contact our office by phone (0208 616 5535) or email (info@vanguardlaw.co.uk). Alternatively, you can fill out the online contact form, and a member of our team will reach out to you promptly to arrange a suitable time for a consultation.

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