What are the 10 years route ILR updates for 2024?
Since April 11, 2024, there have been major changes in the 10 year Long Residence ILR route. The changes open up the route for many, but limit it for others.
The long residence route to the settlement is created for those who have lived in the UK continuously and legally for more than10 years. The rules are now integrated into the new appendix: Appendix Long Residence.
The changes will be available to some applicants who did not meet previous absentee requirements, such as those who came to the UK as a child-student, while others lose out.
Calculation of absence
The requirement for 548 days total outside the UK during the 10-year period is removed, but applicants can no longer have absences of up to 184 days in a row. For settlement applications, applicants must hold their current immigration permission for at least one year from 11 April 2024.
The applicant must have a permit of 12 months or more on the current route
A new requirement has been introduced that applicants must hold permits on the current route for at least 12 months. This change will delay the application for settlement, even if you have already completed 10-year residency, if you have been on your current route for less than a year.
Importantly, this requirement applies only to applicants whose current visa is granted after 11 April 2024.
What counts for the 10-year qualifying period?
Applicants must have a lawful permit in the UK or be exempt from immigration, with the exception of permits as visitors, short-term students or seasonal workers.
The new rules stipulate that the time spent in the UK by EEA nationals or families of EEA nationals to exercise treaty rights is eligible for a period of 10years. This is a clearer position than under the previous rule.
As before, the time spent over-staying in the UK will still break the 10-year qualifying period, with a few limited exceptions.
Importantly, one major change was a useful feature of the old route, which allowed those who had accrued a long period of legal residence but who had never made an application, as applicants could no longer rely on the historic 10-year qualifying period to qualify for settlement under the new rules. This is no longer an option under the new rules.
How we can help?
Book a consultation with our immigration adviser and learn how these changes will affect you and how you will remain eligible for indefinite leave.