Indefinite Leave to Remain: The 10-Year Long Residence Route Explained
The 10-year long residence route to Indefinite Leave to Remain is a vital pathway for those who have lived in the UK for a decade but whose visa history may not allow them to qualify via a shorter, category-specific route. Our Bolton ILR solicitors explain how it works.
Who Can Use the Long Residence Route?
Any person who has lived lawfully in the UK for a continuous period of 10 years — regardless of their visa category or the number of different visas they have held — may apply for ILR under paragraph 276B of the Immigration Rules. This is sometimes called the “catch-all” route to settlement.
What Does “Continuous” and “Lawful” Mean?
Your 10-year period must have been both continuous and lawful. Continuous means without a significant break in leave — brief gaps may be excused in certain circumstances, but any period of overstaying is problematic. Lawful means at all times you had valid leave to remain (or were benefiting from Section 3C leave while an application was pending).
Absences from the UK
Your total absences from the UK during the 10-year period must not exceed 540 days, and no single absence should exceed 184 days (unless there were exceptional compelling or compassionate circumstances).
The Good Character Requirement
As with all settlement applications, you must be of good character. This means no serious criminal convictions, no history of immigration offences, no significant deception in any immigration application, and generally conducting yourself in accordance with the law.
Types of Leave That Can Be Combined
You can combine different types of leave for the 10-year calculation — for example, student visa, skilled worker visa, family visa leave — provided all leave was lawful and there were no gaps. This makes the long residence route particularly valuable for people with complex immigration histories.
Expert Bolton immigration solicitors. Contact us for a confidential consultation.