10-Year Long Residence ILR: Should You Apply Before the Rules Change?

The Government has announced plans to abolish the current 10-Year Long Residence route to Indefinite Leave to Remain (ILR) and replace it with a new Earned Settlement system. Although these changes have not yet come into force, they have created uncertainty for many people who have already completed, or are close to completing, 10 years of lawful residence in the UK.

If you have reached the 10-year milestone, or expect to do so soon, you may still be able to apply for 10-year Long Residence ILR under the current rules before any future changes are introduced.

Who Can Apply?

You may qualify for 10-year Long Residence ILR under the Long Residence route if you have:

• Completed 10 years of continuous lawful residence in the UK;

• Held eligible immigration permission throughout that period;

• Met the English language requirement (unless exempt);

• Passed the Life in the UK Test (unless exempt); and

• Satisfied the Home Office suitability requirements.

One advantage of this route is that your 10 years can be made up of different immigration categories, provided they are eligible to count towards long residence.

Continuous Residence Matters

To qualify, your residence must be continuous. Certain types of permission, such as time spent as a visitor, Seasonal Worker or Short-term Student, do not count towards the qualifying period and may break your continuous residence.

The Home Office will also carefully assess any periods of overstaying or gaps in your immigration history.

Absence Limits

You do not need to remain in the UK continuously for 10 years, but there are strict absence rules.

For many applicants, the current rules allow absences of up to 180 days in any rolling 12-month period. However, if part of your qualifying period was before 11 April 2024, different transitional rules may apply, making absence calculations more complex.

If you have spent significant time outside the UK, it is important to seek advice before applying.

When Can You Apply for 10-Year Long Residence ILR?

You can normally apply for Long Residence ILR up to 28 days before completing your 10-year qualifying period.

Timing is important. Applying too early may lead to refusal, while waiting too long could leave you affected by future changes to the Immigration Rules.

Common Reasons Applications Are Refused

Many Long Residence applications are refused because of technical issues rather than a lack of residence. Common reasons include:

• Incorrect absence calculations;

• Gaps in lawful residence;

• Time spent on immigration categories that do not qualify;

• Re-entering the UK as a visitor between grants of permission;

• Insufficient evidence of travel or immigration history; and

• Failing to meet the suitability requirements.

Careful preparation can significantly reduce the risk of refusal.

What Happens If You Are Granted ILR?

Successfully obtaining ILR allows you to:

• Live and work in the UK without immigration restrictions;

• Access public services if eligible;

• Start a business or become self-employed;

• Apply for British citizenship when eligible; and

• Build a permanent future in the UK.

Proposed Changes to the Long Residence Route

The Government’s Earned Settlement proposals suggest replacing the current Long Residence route with a wider settlement system based not only on time spent in the UK, but also on factors such as contribution, integration and compliance.

Although no changes have yet taken effect, the Government has indicated that reforms could be introduced from Autumn 2026.

For anyone nearing the 10-year milestone, it is sensible to review your immigration history now rather than waiting until the rules change.

Need Advice?

Every Long Residence application is different, particularly where there are complex absence patterns, multiple visa categories or previous immigration issues.

At ORSAYA, we provide clear, practical and tailored advice to help clients assess their eligibility and prepare strong applications for Indefinite Leave to Remain.