On 20 November 2025, the UK Government published a consultation on Earned Settlement, setting out proposals to reform the current settlement framework and potentially replace or substantially amend the existing 10-year Long Residence route. Although no replacement scheme has yet taken effect, the proposals have created uncertainty for people who have already completed, or are approaching, 10 years of lawful residence in the UK.

If you have already completed the 10-year qualifying period, or expect to do so shortly, it is important to establish whether you can make an application for indefinite leave to remain (ILR) under the current rules before any future reforms take effect. A Long Residence application is not approved merely because an applicant has been present in the UK for 10 years. The applicant must demonstrate lawful and continuous residence, compliance with the applicable absence limits, and satisfaction with the suitability and settlement requirements.

What is a 10-year Long Residence ILR?

The 10-year Long Residence route permits a person who has lived lawfully and continuously in the UK for at least 10 years to apply for indefinite leave to remain. It can be particularly valuable for applicants whose immigration history includes more than one visa category, as periods spent with permission under most immigration routes may generally be combined to form the 10-year qualifying period. For example, an applicant may have held Student permission, subsequently switched to Graduate permission, and later held permission as a Skilled Worker or under a family route.

However, not every period of stay counts towards the qualifying period. Time spent as a Visitor, a Short-term Student, a Seasonal Worker, or under the Ukraine Schemes does not normally count towards the 10-year qualifying period for Long Residence. The route is also an individual route to settlement; it does not provide for dependent partners or children to obtain ILR automatically alongside the main applicant. Their immigration position must be considered separately.

What is the continuous residence requirement?

To qualify, an applicant must have completed a continuous qualifying period of 10 years’ lawful residence in the UK. A change of immigration category does not, by itself, break continuity. What matters is whether the applicant held valid permission throughout the relevant period, complied with the conditions of their leave, and remained within the permitted absence.

Periods of overstaying, residence without valid permission, or time spent on immigration bail can create serious difficulties. In narrowly defined circumstances, a period of overstaying may not break continuous residence, particularly where an application was made within the period permitted by the Immigration Rules or where an exception applies. Nevertheless, time spent without permission will not ordinarily count towards the 10-year qualifying period. Applicants should therefore review every grant of leave, expiry date, application date, decision date and travel history before submitting an ILR application.

What are the absence rules?

Absences from the UK are among the most common and complex issues in Long Residence applications. For absences occurring during the qualifying period from 11 April 2024 onwards, an applicant must not have been absent from the UK for more than 180 days in any rolling 12-month period. This is not a calendar-year calculation. Each relevant 12-month period must be assessed on a rolling basis by reference to the applicant’s actual dates of departure and return.

Different transitional provisions apply to absences which began before 11 April 2024. In broad terms, a single absence beginning before that date should not exceed 184 days, and the historical aggregate absence limit of 548 days may remain relevant for the part of the qualifying period before 11 April 2024. An applicant with a lengthy immigration history must therefore assess the entire proposed 10-year period under the correct rules for each relevant period, rather than relying solely on the current 180-day rolling limit.

What if the absence limit is exceeded?

An absence exceeding the relevant limit may mean that continuous residence has been broken and that the applicant cannot rely on the affected 10-year period. However, the Immigration Rules and associated guidance allow decision-makers to consider compelling and compassionate circumstances in limited cases. Such circumstances may include serious illness, the serious illness or death of a close family member, armed conflict, natural disasters, or travel disruption outside the applicant’s control, such as cancelled flights or travel restrictions.

The burden is on the applicant to provide clear and persuasive evidence. Relevant documents may include flight cancellation notices, medical records, hospital letters, death certificates, official travel restrictions, correspondence with airlines, and employer letters. An applicant should not assume that a sympathetic explanation alone will be sufficient. Where an absence limit may have been exceeded, it is generally advisable to obtain a detailed assessment before making an application, including consideration of whether an exception may apply or whether another immigration route is more appropriate.

How can continuous residence be protected?

The most effective way to protect continuous residence is to plan visa applications and overseas travel carefully. Applications to extend or switch immigration permission should be prepared and submitted before current leave expires. Applicants who travel regularly should maintain an accurate record of every departure from and return to the UK and should monitor absences against the rolling 12-month limit of 180 days.

Applicants should also retain documentary evidence of both travel and UK residence. This may include flight booking confirmations, boarding passes, travel itineraries, employment records, payslips, tenancy agreements, bank statements, council tax records and utility bills. Immigration officers may examine not only passport stamps but also digital travel information and wider evidence of a person’s residence. This is particularly important where an applicant has entered through an eGate, renewed a passport, undertaken extended overseas business travel, or made a visa application close to the date of travel.

When does the qualifying period begin?

The qualifying period may begin when an applicant first entered or was granted lawful permission to reside in the UK in a category that can count towards Long Residence. However, the key question is not simply whether the applicant reached 10 years at some point in the past. The applicant must identify a valid 10-year period of lawful and continuous residence which can be relied upon at the date of application, or within 28 days after the application date.

Where an applicant’s immigration history contains several visa categories, the chronology must be reviewed carefully. For instance, lawful periods under the Student, Graduate, Skilled Worker and family routes may potentially be combined. By contrast, a period held as a Visitor or Short-term Student will not normally count. Any period without valid leave, a gap between grants of permission, or an overseas absence beyond the relevant limit may affect the start date or prevent reliance on the proposed qualifying period altogether.

When can an application be made?

An application for ILR under the Long Residence route can normally be made once the applicant has completed the 10-year qualifying period. The Immigration Rules permit an application to be made up to 28 days before the applicant completes that period, provided that all other requirements are met. An application submitted too early may be refused for failing to meet the qualifying-period requirement.

The application must normally be made from within the UK. The applicant must meet the validity requirements, including submission of the correct application, payment of the relevant fee, provision of identity documentation, and enrolment of biometrics where required. In addition, applicants whose current permission was granted on or after 11 April 2024 should consider whether they meet the requirement to have permission on their current immigration route for at least 12 months before applying for settlement, subject to the applicable rules and any exceptions.

What are the other requirements?

In addition to completing 10 years of lawful and continuous residence, an applicant must meet the suitability requirements under the Immigration Rules. The application may be refused where there are relevant criminal convictions, deception, false representations, false documents, serious non-compliance with immigration requirements, or other conduct giving rise to a mandatory or discretionary ground for refusal. Applicants must not be on immigration bail at the date of application.

Unless an exemption applies, applicants must also meet the Knowledge of Language and Life in the UK requirement. This usually requires passing the Life in the UK Test and demonstrating English-language ability at the required level. For Long Residence settlement applications, the current requirement is generally English speaking and listening at level B1 of the Common European Framework of Reference for Languages, unless the applicant qualifies for an exemption or a specified alternative method of meeting the requirement.

Why can a Long Residence application be refused?

The most frequent risks arise from incorrect calculations of lawful residence and absences. A visa gap, an unrecognised period of leave, an absence exceeding the applicable limit, reliance on time as a Visitor, or inconsistency between travel records and the application can all jeopardise an ILR application.

Applications can also be refused because the applicant cannot adequately evidence residence in the UK, has not met the English-language or Life in the UK requirements, or falls for refusal under the suitability provisions. Since the application fee may not be refunded following a refusal, it is prudent to carry out a full review of immigration documents, travel history and supporting evidence before submitting an application. Where ILR is not currently available, other options—such as an extension of permission, a family route, a work route, or the Private Life route—may need to be considered, depending on the individual circumstances.

What happens after ILR is granted?

Once ILR is granted, an individual may live, work, study and establish a business in the UK without time restriction. They will no longer need to make regular applications to extend their immigration permission. Subject to the relevant eligibility rules, they may also have access to public funds and may later be eligible to apply for naturalisation as a British citizen.

ILR is not the same as British citizenship, and it can lapse following an extended absence from the UK. As a general rule, a person with ILR may lose their settled status if they remain outside the UK for a continuous period of more than two years. Anyone considering a long-term move abroad or an extended period outside the UK should obtain advice before leaving the UK.

How might the 10-year route change?

The Government’s Earned Settlement consultation proposes moving away from a system in which settlement is granted principally after a fixed period of lawful residence. The proposed model may place greater emphasis on factors such as economic contribution, integration, English-language ability, good character and continuous residence. If implemented through changes to the Immigration Rules, these proposals could significantly affect the Long Residence route and the requirements for obtaining settlement.

At present, however, these are proposals rather than enacted Immigration Rules. The current 10-year Long Residence route has not been abolished. The implementation date, transitional arrangements, scope of protection for people already resident in the UK, and detailed eligibility requirements will depend on future policy decisions and amendments to the Immigration Rules. Those who have already completed, or will shortly complete, 10 years of qualifying residence should consider reviewing their immigration and travel history without delay to determine whether an application can be made under the current rules.

For expert advice and assistance with a 10-year Long Residence ILR application, or any other UK visa or immigration matter, please contact us on 020 3865 6219 or leave us a message.