07 May Important changes in Long Residence Rules since April 2024
On 11 April 2024, a new appendix, Appendix Long Residence, was inserted into the Immigration Rules introducing significant changes to streamline regulations, provide clarification, and potentially benefit future applicants.
- Only certain permissions of stay can be counted in the 10-year period.
The Long Residence category is for individuals who have resided in the UK lawfully and continuously for 10 years or more. Applicants can rely on time spent in the UK with permission on most routes towards the 10-year qualifying period.
LR 11.1. The applicant must have spent a qualifying period of 10 years lawfully in the UK, for the entirety of which one or more of the following applied:
(a) the applicant had permission, except permission as a Visitor, Short-term Student (English language) or Seasonal Worker (or under any of their predecessor routes); or
(b) the applicant was exempt from immigration control; or
(c) the applicant was in the UK as an EEA national, or the family member of an EEA national, exercising a right to reside under the Immigration (European Economic Area) Regulations 2016 prior to 11pm on 31 December 2020 (and until 30 June 2021 or the final determination of an application under Appendix EU made by them by that date).
However, the new appendix clarifies that permissions such as visitor visas or short-term visas cannot be counted toward the 10-year period. Conversely, a positive change is that applicants can now rely on periods when they were exempt from immigration control, as well as time spent in the UK under the 2016 EEA Regulations and EUSS.
- Circumstances that break the continuous residence
- Overstaying time will break the continuous residence
LR 11.2. The following periods will not count towards the qualifying period for Long Residence:
(a) time spent on immigration bail, temporary admission or temporary release; and
(b) any period of overstaying between periods of permission before 24 November 2016 even if a further application was made within 28 days of the expiry of the previous permission; and
(c) any period of overstaying between periods of permission on or after 24 November 2016 even if paragraph 39E applies to that period of overstaying; and
(d) any current period of overstaying where paragraph 39E applies.
- Continuous residence requirement for settlement on the Long Residence route – No more 548 days requirements
LR 12.1. The applicant must have met the continuous residence requirement set out in Appendix Continuous Residence for the entirety of the qualifying period.
The relevant rules set out in Appendix continuous residence is as below:
CR 2.1. To meet the continuous residence requirement the applicant must not have been outside the UK for more than 180 days in any 12-month period (unless CR 2.2., CR 2.2A, CR 3.1. or CR 3.2 applies, subject to CR 2.3.).
CR 2.2. For any absences from the UK with permission granted under the rules in place before 11 January 2018, the applicant must not have been outside the UK for more than 180 days during any consecutive 12-month period, ending on the same date of their current application unless CR2.2A applies, and subject to CR 2.3.
CR 2.2A. Where the application is under Appendix Long Residence, for any qualifying period before 11 April 2024, the applicant must not have been outside the UK for more than 184 days at any one time, and must not have spent a total of more than 548 days outside the UK during that qualifying period, subject to CR 2.3.
In summary, the circumstances vary depending on when the 10-year period is completed:
1) If completed before 11 April 2024:
- Total absences must not exceed 548 days.
- Must not have been outside the UK for more than 184 days at any one time.
2) If completed after 11 April 2024, but continuous residence in the UK has already started before that:
- Residence before 11 April 2024 follows the same rules as point (a).
- Residence after 11 April 2024: Must not have been outside the UK for more than 180 days at any one time; no requirement of 548 days.
3) If completed after 11 April 2024, and continuous residence in the UK started after that:
- Must not have been outside the UK for more than 180 days at any one time.
- Have had current permission for at least 12 months if the current permission was granted before 11 April
LR 11.3. Subject to LR 11.4, the applicant must have had permission on their current immigration route for at least 12 months on the date of application, or have been exempt from immigration control in the 12 months immediately before the date of application.
LR 11.4. If the applicant’s current permission was granted before 11 April 2024, LR 11.3. does not apply.
This change is significant since it means that if your last permission was granted post 11 April 2024, you must now hold that permission for at least 12 months prior to making an ILR application under the new Appendix.
For instance, if you meet the 10-year residence requirement on 31/12/2024, but your last permission is granted on 30/06/2024, your earliest eligible date for ILR will be 30/06/2025 instead of 31/12/2024.
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