You may be able to apply for indefinite leave to remain if you’ve been in the UK legally for 10 continuous years (known as ‘long residence’).
Indefinite leave to remain is how you settle in the UK. It’s also called “settlement”. It gives you the right to leave, work and study here for as long as you like, and apply for benefits if you’re eligible. It may also lead to making an application to naturalise as a British citizen, if you meet all the eligibility requirements.
10 year continuous lawful residence
You will need to show evidence that you have had ‘continuous legal residence’ for 10 years. The Home Office allow you to count time spent on most types of visa routes for this application, but some short term visas are excluded. They also permit a certain number of absences within that time, but if you exceed the total permitted number of days you will need to show good reason for this, and the Home Office will consider whether or not the absence is to be included.
For example, a lengthy absence due to a natural disaster or pandemic may not count towards the total number of absences. This aspect can be complex and is best to take legal advice if you think that you may have exceeded the total amount of permitted absences.
The ten years residence must all be legal residence and you must be able to provide evidence of your residence here for each of the ten years. You will also be required to meet the relevant knowledge of language and life in the UK requirement (unless exempt).
If the application is successful you will be granted indefinite leave to remain (also known as settlement) in the UK.
20 years long residence
If you have lived in the UK for 20 years (even if illegal) or less in certain circumstances where there will be significant obstacles to reintegration back into life in your home country, then it is possible to apply for leave to remain.
You will have to provide evidence of each year’s residence and if successful will be granted 30 months leave to remain on the 120 month route to settlement.
Do we offer legal aid?
We do not offer legal aid, but can represent you on a fee paying basis if you do not qualify for legal aid.
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