10-Year Indefinite Leave to Remain Applications and Changes to the Long Residence Rules
If you have been patiently waiting to apply for indefinite leave to remain using the 10-year or long residence settlement rules, do you know that the immigration rules on long residence are changing on 12 April 2023?
Our immigration solicitors look at the forthcoming changes to the long residence rules and securing indefinite leave to remain in the UK.
UK Online and London-Based Immigration Solicitors and Indefinite Leave to Remain Lawyers
For advice on indefinite leave to remain applications call the immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.
The 10-year route to indefinite leave to remain and UK settlement
Under the immigration rules, you can apply for indefinite leave to remain if you have lived in the UK for at least 10 years and your time in the UK has been both continuous and lawful.
The 10-year or long residence route is used by those who don’t qualify for accelerated settlement or who don’t qualify for ILR after 5 years in the UK. The vast majority of people who come to the UK on skilled worker visas and family visas will qualify for indefinite leave to remain after 5 years in the UK.
For those who don’t qualify for indefinite leave to remain after 5 years, the long residence option may be your answer to being able to settle in the UK. However, from 12 April 2023, the immigration rules on long residence are getting a bit harder.
Under the pre-April 2023 immigration rules, any lawful residence in the UK counts towards your 10 years even if you spent part of your 10 years in the UK on temporary visas. On 12 April 2023 the immigration rules will change so time spent on temporary visas does not count toward your long residence time.
Temporary visas include:
- Visitor visas
- Short-term student visas
- Admission pending determination of an asylum claim or a request for humanitarian protection
The impact of the new long residence immigration rules
Applications for indefinite leave to remain under the 10-year route made before 13 April will be determined under the old or more generous immigration rules.
10-year ILR applications made on or after 13 April 2023 will be determined under the new rules. This may seem unfair to some who have been working hard to meet the 10-year residence requirement only to find that the ‘goalposts have been moved’ by the UK government.
Indefinite leave to remain lawyers recommend that if you have done your 10 years in the UK but you haven’t applied for indefinite leave to remain that you seek urgent immigration law advice. Call OTS Solicitors on 0203 959 9123 or contact us online.
You may need to consider submitting your ILR application before the 12 April deadline if part of your 10 years in the UK was spent on temporary visas. If you don’t submit your application before the deadline you may end up waiting considerably longer than you anticipated before being eligible to apply for indefinite leave to remain under the revised immigration rules.
If you need help with your ILR application or need advice on UK settlement our expert ILR lawyers can help you and your family.
UK Online and London-Based Immigration Solicitors and Indefinite Leave to Remain Lawyers
For advice on indefinite leave to remain applications call the immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.
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