10 Years Long Residence ILR - Big Changes
Thursday 25th April 2024
Understanding the Changes in Appendix Long Residence: A Comprehensive Overview
Since April 11, 2024, a new Appendix has been added to the Immigration Rules, namely Appendix Long Residence. This addition aims to streamline the process and address previous ambiguities surrounding the Long Residence indefinite leave to remain route, which is available to individuals who have lived in the UK lawfully and continuously for 10 years or more.
Key Changes in the 10-Year Long Residence ILR Immigration Rules:
1. Requirement for Current Permission: Applicants must now have had current permission for at least 12 months preceding the application date, aligning this route with wider settlement requirements.
2. Qualifying Period Requirement: The applicant must have spent a qualifying period of 10 years lawfully in the UK, with specific provisions for various circumstances, including exercising treaty rights.
3. Continuous Residence Requirement: Continuous residence must be maintained throughout the qualifying period, with specified exclusions for certain periods such as immigration bail or overstaying.
4. Removal of Absence Limit and Amendments to Language and UK Knowledge Requirements.
5. Furthermore, amendments have been made to the language and UK knowledge requirements for settlement on the Long Residence route. While applicants are still required to pass the Life in the UK test, the English language requirement has been slightly eased with the allowance to rely on qualifications such as GCSEs or A-Levels. This adjustment acknowledges different educational backgrounds and provides alternative pathways for individuals to demonstrate their proficiency in English, thereby facilitating the settlement process for a broader range of applicants.
One significant change in the Appendix Long Residence involves the removal of the previous restriction on absences, which limited individuals to a total of 548 days of absence within a ten-year period. This change provides greater flexibility, particularly for individuals with extended absences due to various reasons such as study, work, or family commitments abroad. Additionally, the new rules specify conditions under which absences will not count towards the total, such as humanitarian crises, compelling personal circumstances, or research activities endorsed by relevant authorities.
These changes aim to enhance the accessibility and fairness of the Long Residence route by accommodating diverse circumstances and providing clearer guidelines for applicants. However, it is essential for individuals to carefully review the updated requirements and ensure compliance with the stipulated criteria to maximize their chances of a successful application for indefinite leave to remain based on Long Residence.
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