The UK has recently updated its rules regarding the 10-Year Long Residence route to Indefinite Leave to Remain (ILR), introducing significant changes that impact both new and existing applicants. These adjustments, which came into effect on April 11, 2024, are designed to streamline the application process and align it more closely with broader immigration requirements. However, they also impose stricter conditions on eligibility, particularly concerning the duration of permitted absences and the requirements for continuous permission.
In this blog update, we will delve into the key changes to the Long Residence ILR rules in the UK, examine their implications, and provide essential insights for navigating these new regulations effectively.
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Understanding the Changes
For individuals seeking indefinite leave to remain (ILR) in the UK through the Long Residence route, significant changes have been implemented that affect the application process. These changes, effective from 11 April 2024, aim to streamline and clarify the requirements but also introduce new restrictions that applicants need to be aware of.
Key Updates to the Long Residence ILR Rules
Extended Permission Requirement
New Rule
Applicants must now have held their current permission for at least 12 months on the application date or have been exempt from immigration control during this period.
Impact
This change reduces flexibility, potentially delaying ILR applications for those who received permission after 11 April 2024.
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Clarified Qualifying Period
Settlement Eligibility
The qualifying period still spans 10 years, but specific conditions have been refined regarding the types of permission that count towards this period.
Did you know about the Specific Inclusions
Time spent in the UK under various non-visitor visas, exemptions, or as an EEA national exercising treaty rights before Brexit are explicitly counted.
Continuous Residence Requirements Tightened
Absence Allowances
Previously, the rule allowed for up to 548 days of absence during the 10-year period. The new rule limits absences to 180 days in any 12 months starting from 11 April 2024.
Special Provisions
Absences for specific reasons like assisting with crises, certain research activities, or due to compelling personal circumstances are exempt from breaking the continuous residence.
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Why These Changes Matter?
The adjustments to the Long Residence ILR rules reflect a tightening of policy, aligning it with broader immigration controls while attempting to provide clearer guidelines for applicants. These changes are particularly impactful for students and short-term visitors who now face more stringent requirements concerning their length of stay and absences from the UK.
Conclusion
Prospective applicants must carefully review these new rules to ensure compliance, especially regarding the length of permission and absence from the UK. It is crucial for those affected to plan accordingly and seek professional advice if necessary to navigate these changes effectively.
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