Procuring the UK Appendix Long Residence on the 10-year route

As per the UK immigration rules concerning Appendix Long Residence, a person who has
continuously and lawfully completed 10 years of UK residence is entitled to indefinite leave to
remain in the UK (or limited leave) if he meets certain requirements of validity, suitability, and
eligibility. The nature and dates of the stays used to count time also play a vital role in obtaining
Long Residence in the UK.
Indefinite leave to remain is also referred to as “settlement.” It entitles the person to the right to
live, work, or study in the UK for as long as he/she would like. Not all types of stays in the UK
are eligible to claim their time towards the 10-year route, but most of them are. To be noted and
reminded at all times, the rules have lacunae in many places and are beneficial in many other
places. Despite what your status looks like, there are nuanced areas that can both grant and
reject your 10-year route for Long Indefinite Residence in the UK. As a rule of thumb, you
should have an immigration adviser at your disposal.

Validity requirements for permission to stay on the Long Residence route

● The applicant can use the form FLR (LR) on the official website to apply online.
● There is a fee to remit (he/she can pay extra for speedy processing).
● The applicant must have provided biometrics (BRP).
● The applicant must have provided a passport or other document to verify his/her identity
and nationality.
Please be reminded that the applicant must be in the UK on the date of application.
Suitability requirements for permission to stay on the Long Residence route <h2>
● The applicant should be immune to grounds for refusal as stated under Immigration
Rules Part 9, such as a deportation order, convictions, constant disregard for the law,
etc.
● The applicant must not be in breach of immigration laws, such as by overstaying or
being on immigration bail.

Eligibility requirements for permission to stay on the Long Residence route

Most importantly, the applicant must have lawfully and continuously spent a qualifying period of
10 years in the country.
For its eligibility, several factors will be considered, including (1) having permission for your 10
years in the UK (not the permission as a visitor, short-term student, or seasonal worker), (2)
being exempt from immigration control, or (3) being in the UK as an EEA national or the family
member of an EEA national with a right to reside under the Immigration (European Economic
Area) Regulations 2016 prior to 11 p.m. on 31 December 2020.
As already implied, the time spent on immigration bail, temporary admission or temporary
release, and overstaying (there are several specifications regarding the dates of overstaying)
will not count toward 10 years.
Continuous residence requirement for settlement on the UK Long Residence route <h2>
Fulfilling continuity in the residence period is demanded for the entirety of the qualifying period.

English Language & Knowledge of Life requirements for settlement on the UK Long Residence route

The applicant must prove his/her English language proficiency in speaking and listening to be at
least level B1. Similarly, he/she needs to show their knowledge of life in the UK. In the event of
failing them, the applicant can only apply for limited leave, not indefinite leave.

When there are gaps in lawful residence!

Despite periods of overstay, it will be decreed favorably for the applicant if his/her short gaps
incurred through out-of-time previous applications are no more than 28 calendar days and the
gaps end before 24 November 2016. Short gaps on or after 24 November 2016 will be exempt if
the leave was granted in accordance with paragraph 39E of the Immigration Rules. Needless to
say, meeting all the other requirements is a must. Gaps in continuous residence due to
imprisonment, deportment, and longer-than-permitted absences won’t be compromised.

Overstaying Versus the UK 10-year route for Long Residence

Although overstaying is not at all entertained and its period won’t count toward the 10 years,
there are a number of exceptions set out in the rules that could preserve the continuity of
residence, although it is a potential breach. An applicant, for example, who puts in his/her
application for further leave within 14 days of the leave expiry or previous application’s refusal
will not be affected if the person has a solid reason. Overstaying with exceptional assurance will
also never be affected, as during the pandemic.

Absences from the UK Versus Eligibility of Long Residence route

Severing continuity of residence with an absence has the potential to send you back to the
drawing board. The longest possible one-time absence should not exceed 180 days in a rolling
12-month period. Most importantly, days of departure and return would only be considered as
time spent outside the UK. Contingencies of life-threatening illnesses to the applicant or his/her
next-of-kin will be kindly exempted, provided that he/she can present solid evidence of this
before The Home Office in the form of a medical certificate and a self-explaining letter. Proven
manipulated or unjustifiable, the application will be turned down.

Transitional provisions regarding the UK Long Residence Route

If the applicant’s qualifying period falls before 11 April 2024, he/she must not have been outside
the nation for more than 184 days at any one time. In addition, during the entire qualifying
period, he/she must not have spent more than 548 days outside the UK. For applicants whose
10-year qualifying period spans past 11 April 2024, the one-time longest absence is 180 days in
any 12-month period, but there is no 548-day limit.

Exceptional cases of dependents and the like with regard to the UK Long Residence
Route

● There is no provision for dependents of a person (such as family members) on the Long
Residence route to apply on this route. If the dependent is settled, is living in the UK at
the moment, and has completed the stipulated time, the person can make use of “Family
Route” to claim indefinite leave in the UK.
● Another exceptional case could arrive in the case of people who have lived in the UK for
a long period but not lawfully or continuously; they are eligible to apply under Appendix
Private Life.
● In cases where an applicant has completed a qualifying 10-year period but has not yet
passed the Life in the UK test or the English test, it is possible to apply for limited leave
instead of settlement on this route.

Legend Solicitors

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