The 10-year lawful residence route is one of the more common pathways for individuals applying for settlement in the UK. Before discussing potential issues, it is helpful to first understand what the 10-year long residence route actually means.
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Under the long residence rule, an applicant may apply for settlement after completing ten years of lawful residence in the UK, starting from the date they first entered the UK with valid immigration permission.
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One of the key requirements when applying for Indefinite Leave to Remain (ILR) under the long residence route is the continuous residence requirement. According to the Immigration Rules, “continuous residence” generally means that during the ten-year period:
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• A single absence from the UK must not exceed 6 months
• The applicant must hold valid immigration permission when returning to the UK
• The total number of days spent outside the UK must not exceed 540 days during the ten-year period
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For more detailed information about exceeding absence limits, you may wish to refer to our previous article discussing SET(LR) applications and excess absences.
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How to Avoid Gaps in Your 10-Year Residence
During a ten-year period, it is very common for applicants to switch visa categories or apply for visa extensions several times.
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For this reason, in addition to monitoring absence days, applicants must also ensure that no immigration gaps occur between visas, as such gaps may break the continuity required for long residence.
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In the UK immigration system, visa applications can generally be divided into two situations: applications made inside the UK and applications made outside the UK.
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Applications Made Inside the UK
If the applicant submits a new visa application from within the UK, the application normally needs to be submitted within 14 days after the previous visa expires, and the application must ultimately be granted (or refused but later allowed on appeal).
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Applications Made Outside the UK
If the applicant submits a visa application from outside the UK, the application generally needs to be submitted within 28 days after the previous visa expires, and the visa must be granted successfully (or refused but later allowed on appeal).
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In addition, the applicant must return to the UK within six months of leaving the country.
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It is also worth noting that if a gap occurred before 24 November 2016, and a new application was submitted within 28 days after the visa expiry, such a gap would normally not affect a long residence application.
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Example 1
During the ten-year period, Applicant Zhang experienced three short gaps, which occurred because new visa applications were not submitted in time. The gaps lasted 9 days, 7 days, and 4 days respectively.
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Under the Immigration Rules, these short gaps fell within the permitted overstaying tolerance at the time, and therefore the Home Office may still approve the application.
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Example 2
Applicant Wang held a student visa that was valid until 31 July 2016.
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However, Wang did not submit a new visa application until 15 September 2016, and the new student visa was granted on 15 October 2016.
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Under the long residence rules, the period between 31 July 2016 and 15 October 2016 – approximately two and a half months – created a gap in lawful residence.
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As a result, the applicant’s continuous residence was considered broken, and the ten-year period would need to be recalculated.
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If a new visa application is not submitted within the required timeframe, the period of lawful residence accumulated previously may no longer count towards the 10-year long residence requirement.
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What If You Could Not Return to the UK During the Pandemic?
During the COVID-19 pandemic, international travel was severely disrupted. As a result, some visa holders were unable to return to the UK in time to submit visa extensions or settlement applications.
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For example, certain visa routes — such as the Tier 1 Entrepreneur Visa or Representative of an Overseas Business Visa — require the applicant to submit applications from within the UK, which created additional difficulties for those who were overseas.
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To address these circumstances, the Home Office introduced the Covid Visa Concession Scheme on 11 January 2021.
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This policy applied to individuals who left the UK before 17 March 2020 and were unable to return due to pandemic-related travel restrictions, while their visas had expired or were close to expiring.
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If your visa had already expired and you were unable to return to the UK due to travel restrictions, the UK Border Force could grant an additional three months of immigration permission upon entry to the UK.
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This temporary leave would normally match the conditions of the previous visa and effectively function as a short extension, allowing individuals to submit further visa or settlement applications after returning to the UK.
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If your visa had not yet expired but was approaching expiry, it was generally advisable to return to the UK before the visa expiry date in order to complete the relevant immigration application.
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Final Remarks
When applying for settlement under the 10-year long residence route, applicants should pay attention not only to their absence days, but also to whether any immigration gaps exist between visas.
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Even if the absence limits are respected, a gap in lawful residence may still break the ten-year continuous residence requirement and affect the outcome of an ILR application.
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Disclaimer
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The information provided in this article is for general reference only and does not constitute immigration or legal advice. Each case is different, and professional advice should be sought based on individual circumstances. Applicants are welcome to contact our immigration lawyers for tailored advice.
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