UPDATE ON CHANGES TO THE 10-YEAR-LONG RESIDENCE ILR IMMIGRATION RULES
The UK Home Office has introduced changes to the 10-Year Long Residence Indefinite Leave to Remain (ILR) immigration rules effective from 11 April 2024. Here's a summary of the key amendments:
CURRENT PERMISSION REQUIREMENT:
Applicants now need to have held their current immigration permission for a minimum of 12 months at the time of application. This rule aims to align the Long Residence route with broader settlement requirements.
LR 11.3: Applicants must have held their current immigration permission for at least 12 months or been exempt from immigration control in the 12 months before the application.
LR 11.4: For those with permission granted before 11 April 2024, LR 11.3 does not apply.
This change may delay some applications, particularly for those granted permission after 11 April 2024. Additionally, it excludes applications from short-term students, visitors, or those with permissions lasting less than 12 months.
QUALIFYING PERIOD REQUIREMENT:
The new rules stipulate that applicants must have spent 10 years lawfully in the UK, meeting one or more of the following conditions:
Had permission to stay (excluding Visitor, Short-term Student, or Seasonal Worker statuses).
Were exempt from immigration control.
Were in the UK as an EEA national or family member before 31 December 2020, under the Immigration (European Economic Area) Regulations 2016.
The inclusion of the exercise of Treaty rights as a qualifying condition is a positive change, removing reliance on caseworker guidance.
CONTINUOUS RESIDENCE REQUIREMENT:
Applicants must meet the continuous residence requirement throughout the qualifying period, as outlined in Appendix Continuous Residence.
ABSENCE CALCULATION CHANGES:
A significant change is in the calculation of absences for a 10-year Long Residence ILR application:
Any single absence before 11 April 2024 should not exceed 184 days.
For 10 years ending before this date, total absences should not exceed 548 days.
After 11 April 2024, applicants should not have been outside the UK for more than 180 days in any 12 months.
EXEMPTIONS TO ABSENCE CALCULATION:
Periods outside the UK won't count towards absence if due to:
Assisting in a humanitarian or environmental crisis, with a sponsor agreement.
Travel disruption from natural disasters, military conflict, or pandemics.
Compelling personal circumstances, like severe illness or death of a close family member.
For more details, refer to the updated Long Residence Immigration Rules. Stay updated and informed for smoother immigration processes in the UK.
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