If you’re a non-UK citizen who has legally and continuously resided in the UK for a decade, you might be eligible for Indefinite Leave to Remain (ILR) based on an extended stay.

Essential Criteria for ILR through Extended Residence
For a successful ILR application due to extended residence, UK Visas and Immigration mandates:

1. A minimum of 10 years of continuous, legal residence in the UK.
2. An unbroken decade of lawful residence.
3. No underlying reasons that make it inadvisable to grant ILR based on public interest.
4. An absence of factors causing your application’s rejection (like significant criminal history).
5. Adequate knowledge about UK life and the English language.
6. Compliance with the UK’s immigration laws during your stay.

Interruptions in your residency may be caused by:

• Over 18 months of absence from the UK.
• Deportation or removal from the country.
• Departing the UK after a refused entry or stay.
• Clearly indicating not returning to the UK after departure.
• Departing the UK without a realistic chance of lawful return.
• Receiving a non-suspended imprisonment or detention sentence.
• Leaving the UK for over 6 months at once.
• Short-term departures without the necessary permissions on leaving or re-entering.

When determining public interest reasons for ILR refusal, the Home Office evaluates:

• Your age.
• How deeply you’re connected to the UK.
• Background details such as character, associations, and work history.
• Current domestic conditions.
• Any extenuating circumstances.
• Representations made for you.

Further Insights on ILR via Extended Residence
Despite the general rules, the Home Office may, under specific circumstances, allow for over 540 days of absence or a single leave over six months. You’d need to show these absences occurred due to extraordinary reasons.

If you haven’t passed the Life in the UK test or fulfilled the English language requirement, you might qualify for a UK stay extension instead of ILR.

The pivotal 10-year duration doesn’t need to be recent; past continuous legal residencies count.

Periods as a visitor, short-term student, or seasonal worker don’t contribute to the extended residence. Likewise, time on immigration bail is excluded from the qualifying period.

For dependents, they might have to apply under different immigration categories, like Spouse or Child.

Once ILR is granted, you’re exempt from immigration time constraints. However, if you’re outside the UK for over two years or engage in severe criminal activities, you might lose the ILR status.

It’s feasible to request ILR based on extended residence through a Super Priority appointment, potentially receiving a decision within a day.

Extended residence applications are regarded as human rights claims. If rejected, an appeal to the First-tier Tribunal is possible.

Need Help with Extended Residence ILR? Highwood Solicitors Can Assist
Highwood Solicitors regularly guide international individuals in securing UK settlement after 10 years of extended residence.

Whether you need insights on the Immigration Rules, an unbiased evaluation of your ILR qualification odds, or expert help in preparing an immigration request or appeal, our solicitors are here for you.

At Highwood Solicitors, client needs are paramount. Our dedicated team is committed to delivering precise, trustworthy immigration counsel in a professional and welcoming manner.

Reach Out to Us
Contact Number: +44 (0) 1206523714.