This article was last updated on February 19, 2026
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For many individuals who have built a life in the UK gaining Indefinite Leave to Remain (ILR) is a crucial step.
The 10-year long residence route offers a path to indefinite leave to remain for those who have lived in the UK legally and continuously for a full decade.
In this guide, our expert UK immigration lawyer, Dr Bernard Andonian, Co-founder of Gulbenkian Andonian Solicitors explains how the 10-year rule works, who qualifies, and what steps you need to take to make a successful application.
If you do not yet meet the 10-year threshold, you may wish to consider whether the 20 Years Long Residence route could apply to your circumstances.
Contact us today to check your eligibility and get clear, personalised advice on your 10-year route to settlement.
Key Takeaways About the ILR 10-Year Route
- You can apply for ILR under the 10-year long residence route if you’ve lived in the UK legally and continuously for 10 full years.
- Your stay must be lawful (no visa overstays) and continuous (no absences over 180 days in any 12-month period or 540 days total).
- Time spent on visitor visas, short-term student visas, or the Ukraine scheme does not count towards the 10 years.
- You must pass the Life in the UK Test and meet the English language requirement (CEFR B1 or equivalent).
- At the time of applying, you must hold valid leave to remain and not be on immigration bail or in breach of immigration laws.
- The standard fee for ILR in 2026 is £3,029. Super Priority Service costs an extra £1,000.
- You must stay in the UK while your application is being processed.
- The Home Office may show discretion for excessive absences or short gaps in lawful stay, depending on the circumstances.
- A refusal is not the end: you may be able to appeal or request a judicial review depending on your situation.
What’s Changed in 2026?
No major increase to the ILR fee yet: The standard Indefinite Leave to Remain (ILR) application fee remains £3,029 per person as of 2026. Applicants still pay this fee (plus any optional priority service charges) when applying for settlement. (GOV.UK)
Processing times stay broadly similar: Most ILR applications under long residence continue to be processed within about 6 months under the standard service. (Lexology)
Absence rules updated: Under the latest Appendix Long Residence guidance, the focus is on 180 days outside the UK in any rolling 12-month period, with the previous total absence cap no longer applying for time after April 2024.
Pending wider settlement reforms: The UK government is consulting on broader changes to the settlement system, including potential shifts to a new “earned settlement” model and longer qualifying periods for many migrants. These reforms are under review and may begin to take effect from April 2026. (House of Commons Library)
Let me know if you want this adjusted for a specific visa category (e.g., family, work, or long residence).
What is the 10 Years Long Residence Route?
The 10 year long residence route allows individuals who have lived in the UK “continuously and lawfully” without major gaps for 10 continuous years to apply for Indefinite Leave to Remain (ILR). This route is not tied to one specific visa category, which makes it particularly useful for those who have held multiple types of visas over the years.
To qualify, you must have maintained legal immigration status throughout the entire 10-year period. That means you cannot have overstayed your visa at any point, and each transition from one visa type to another must have been done properly and on time.
One key advantage of this route is that your visa history can include different categories, such as Student, Graduate, Skilled Worker, or even private life routes, without resetting your progress toward settlement.
Unlike other ILR routes, which often require five years on the same visa, the long residence route recognises all qualifying time spent in the UK, as long as it meets the lawful and continuous criteria outlined by the Home Office.
10-Year Route to Settlement: Who Is Eligible?
The 10 year route to settlement (also known as the ten year route to settlement) applies to individuals granted leave in the UK on human rights grounds who must complete ten years before qualifying for Indefinite Leave to Remain (ILR). But what is the 10 year route to settlement in practice? It is a longer pathway to permanent residence, usually granted in 30-month increments, where an applicant does not meet the strict requirements of the standard 5-year route but removal would breach their right to family or private life under Article 8.
You are typically placed on the 10-year route if you:
Applied as a partner or parent under Appendix FM but did not meet the financial requirement;
Were granted leave based on exceptional circumstances or insurmountable obstacles to family life continuing outside the UK;
Qualified under the private life provisions (for example, long residence in the UK or very significant obstacles to reintegration abroad); or
Received leave outside the Immigration Rules on human rights grounds.
Applicants on this route must complete 120 months (10 years) of lawful residence, renew their leave every 30 months, and meet suitability requirements before becoming eligible for ILR.
Importantly, some individuals may later switch from the ten year route to settlement to the 5-year route if they begin meeting the financial and eligibility requirements, potentially reducing the overall time to settlement.
What Does Continuous and Lawful Mean Under The 10 Year Route?
Under the 10-year route understanding what it means to stay ‘continuously and lawfully’ is crucial.
Lawful – You must have maintained valid leave to remain over the period of 10 years. As long as you were consistently covered by a valid visa over the ten years and have never been deported from the UK, then your residence is considered to have been ‘lawful’.
Continuous – This is a far more complex requirement, and there are some exceptions to the rules, which we will consider in the next segment. But the general framework is as follows:
You should not have been out of the UK for more than 540 days or 18 months during the 10 years.
You should not have left the UK for longer than six months at a time during the 10 years.
You should not have left the UK without the intention of returning at any point during the 10 years – this might be determined if you left the UK at the end of a granted visa and did not reapply within 28 days of leaving the country.
You will need to calculate your record of absences to see if you have spent more than 540 days outside of the UK or if you have ever left for more than six months at a time. If there is some issue in doing so, for example, you have lost an old passport and have not kept a copy; then you can make a Subject Access Request known as a SAR. The SAR will have the relevant details on your absences from the UK and will allow you to calculate your time abroad accurately. Our team can provide assistance in gaining access to these records.
What are the Exceptions to the UK Immigration Rules on Lawful Residence?
If there are some gaps in your visa history or if you overstay on any particular visa, then the Home Office may still grant you indefinite leave to remain as long as they are considered ‘short gaps’. Discretion will be exercised in the following situations:
Those who departed from the UK before 24 November 2016 after their UK immigration status expired and then applied for entry clearance again to the UK within 28 days of the expiration of their previous leave. You could qualify for this exception if you returned to the UK within six months of being granted entry clearance.
Exercising Paragraph 39(E), which is a clause that deals with short gaps in lawful residents after 24 November 2016. This means that if you made an application within two weeks of your leave expiring, the Home Office may wave a green flag and decide to disregard a period of overstaying your visa. In doing so, they will assess if there was a good reason for your overstay or if your application was made within 14 days of the refusal of the previous application; or if the expiry of the leave is extended by section 3C of Immigration Act 1971; or within the expiry time for making an application for administrative review; or within 14 days of any administrative review or appeal been concluded, withdrawn or abandoned.
You meet the remaining criteria for lawful residence.
What are the Exceptions to the UK Immigration Rules on Continuous Residence?
The most common issue that clients encounter is that they have spent more than the allocated 540 days outside of the UK or that they left for more than six months. If this applies to you, then fear not, because our team may still be able to argue the specific merits of your case and help you obtain indefinite leave to remain.
The Home Office can exercise some level of discretion and understand there may be situations where it would be unreasonable to uphold the 540-day and 6-month rules.
The primary consideration will be when did these absences occur? How soon will you be able to make up for them, and would it be reasonable to ask you to do so in order to meet the 10-year requirement?
If the absences relate to the beginning period of the 10 years, then the courts are more likely to decide that you can wait a bit longer until you are able to meet the requirements.
If, on the other hand, the absences occurred towards the end of the 10-year period, then it will be a very long time before you meet the requirements again, and so the Home Office will consider if there are any compassionate or compelling reasons to use their discretion and grant you indefinite leave to remain.
So how does the Home Office decide if a reason is compassionate and compelling?
This will be decided on an ad hoc basis. The general rule is that if you were prevented from returning to the UK due to unavoidable circumstances, then they will practise discretion.
Once this is determined, they will want to know how quickly you returned to the UK once you were reasonably able to. If they decide that you stayed outside of the UK for an unreasonably long time after being able to, then they may refuse the application.
How to Apply for ILR based on 10-Year-Long Residence?
Applying for Indefinite Leave to Remain (ILR) under the 10-year long residence route involves a few key steps and it’s important to follow them carefully to avoid delays or refusal.
You need to start by completing the online application form on the official UK government website. Choose the form specifically designed for the 10-year long residence route. Make sure all the details you provide like your immigration history, addresses, absences from the UK are correct and match your records.
Once the form is submitted, you’ll be prompted to book a UKVCAS appointment. This is where you’ll provide your biometric information (fingerprints and a photo), which is a mandatory part of the application.
At this stage, you’ll also need to upload your supporting documents online or bring them to the biometric appointment. These usually include proof of lawful residence (like previous visas), evidence of your time in the UK, and documents to support your current visa status.
You’ll also need to show that you meet the English language requirement and have passed the Life in the UK test, both are essential to be eligible for ILR.
After your appointment, your application will be processed by the Home Office. You must stay in the UK while it is under review and leaving the country will automatically cancel your application.
If all goes smoothly, you’ll receive a decision by letter or email.
Checklist
- 10 full years of continuous lawful residence
- Valid leave at time of application
- Not on immigration bail
- English language at B1+
- Life in the UK Test pass
- No breach of immigration conditions
Can You Apply for ILR After 10 Years on Different Visas?
Yes. You can make an ILR application under the 10 year route even if you have held different visa types over the past decade. The long residence rules allow you to apply for Indefinite Leave to Remain on the 10 year route as long as your stay has been lawful and continuous.
What matters is that you have:
Completed 10 years of valid leave in the UK
Not exceeded the permitted absence limits
Passed the Life in the UK Test and met the English requirement
Time spent on visas such as Student, Skilled Worker, or Graduate can usually count, provided there were no significant gaps or overstaying.
10 Years Residency Rule: Absences and Time Calculation
Under the 10 years residency rule UK, you must complete 10 years of continuous and lawful residence, without exceeding the permitted absence limits.
In most cases, you must not:
Spend more than 540 days outside the UK in total over the 10-year period;
Be absent for more than 180 days in any 12-month period (subject to the rules applicable during your residence).
Worked Example
If you arrived in the UK on 1 March 2016, your 10-year qualifying period runs until 1 March 2026.
If your total absences during that period amount to 400 days, you would still meet the 540-day limit and could apply for ILR from 1 March 2026, provided you hold valid leave and meet the other requirements.
Careful calculation of your travel history is essential before submitting a 10-year long residence application.
Supporting Documents Checklist
| Document Type | Examples |
|---|---|
| Proof of Lawful Immigration Status |
Previous visa vignettes and BRPs Home Office decision letters Entry clearance stamps |
| Evidence of Continuous Residence |
Tenancy agreements, utility bills, council tax letters Bank statements covering the 10year period Payslips, P60s, or HMRC letters University or college letters NHS or GP registration documents |
| Evidence of Absences from the UK |
Passport pages with entry and exit stamps Flight tickets or travel itineraries Subject Access Request (SAR) from the Home Office |
| Identity Documents |
Valid passport Most recent Biometric Residence Permit (if held) Passportsize photograph (if required) |
| English Language Requirement |
Approved SELT pass certificate at B1 level or higher Degree taught in English (with UK ENIC confirmation if applicable) Evidence of nationality from a majority Englishspeaking country |
| Life in the UK Test | Life in the UK Test pass certificate |
Processing Times and Costs (2026 Updated)
As of 2026, the application fee for Indefinite Leave to Remain under the 10-year long residence route is £3,029. Applicants are not required to pay the Immigration Health Surcharge (IHS) when applying for ILR.
In some locations, the Home Office provides a Super Priority Service, which is designed to deliver a decision by the end of the next working day after biometric enrolment. This optional service carries an additional cost of £1,000 on top of the standard application fee.
Under normal circumstances, applications submitted under the 10-year route are processed within approximately six months. Applicants must remain inside the UK throughout this period, as any travel abroad while the application is under consideration will lead to its withdrawal.
10 Years Long Residence – What Rights Do I Gain from Indefinite Leave to Remain?
Indefinite leave to remain is the same as permanent residency or settled status in the UK, and you will be able to stay for as long as you want in the UK. You will become eligible to work, gain government funds and perhaps bring loved ones based on your status. You must not be out of the UK; however, in one stretch for more than two years; otherwise, your indefinite leave may be cancelled.
If you have remained out of the UK for more than two years, you must then reapply for entry clearance to return as a returning resident, giving good reasons for the absence. If you have indefinite leave, this is a prerequisite for any future application for British citizenship through naturalisation.
Case Study: How Neha Secured ILR After 10 Years of Lawful Residence in the UK
Background:
Neha moved to the UK from India in 2015 to study for a master’s degree. Over the next 10 years, she remained in the UK lawfully on various visas, including a Student visa, Graduate visa, and later a Skilled Worker visa. Her long-term goal was always to make the UK her permanent home.
The Challenge:
As her 10-year anniversary approached in 2026, Neha wanted to ensure her application for Indefinite Leave to Remain (ILR) under the 10-year long residence route would go smoothly. While she had always followed the rules, she was unsure if she had enough documentation to cover the entire period, especially the early years of her stay.
Our Approach:
We helped Neha gather and organise key evidence of her continuous lawful residence. This included:
- Visa grant letters and Home Office correspondence
- University records and graduation letters
- Employment documents and payslips
- GP registration records and NHS letters
- Tenancy agreements and utility bills from each address she had lived at
We also arranged for her to take the Life in the UK Test and meet the B1 English language requirement, both necessary for her ILR application.
The Outcome:
Neha submitted her ILR application online, attended her biometric appointment, and uploaded all her supporting documents. After just over two months, she received confirmation that her application had been approved.
She now holds Indefinite Leave to Remain, no longer needs to worry about visa renewals, and will be eligible to apply for British citizenship after 12 months.
Key Takeaways from Neha’s Case:
- You must show 10 full years of lawful stay in the UK, with solid supporting documents.
- Even if you’ve moved often, consistent records can help fill any gaps.
- Preparing early and getting professional advice gives you the best chance of success.
What Happens if My 10 Years Long Residence Application Is Refused?
It is important to remember that not all applications for ILR under the 10-year route become successful. Understanding the potential reasons for refusal and the steps you can take afterwards, in accordance with the UK settlement visa guidelines, is crucial in navigating this challenging scenario. Here’s what you need to know:
Applications might be denied for diverse reasons, including:
- Insufficient evidence of continuous lawful residence in the UK.
- Exceeding the permissible absence limits.
- Failing to meet language requirements or the Life in the UK test.
- Issues related to public interest or character considerations.
If your ILR application is refused, carefully examine the grounds for rejection outlined in the decision letter. Also, seek UK immigration legal advice from experts to understand the grounds of refusal and the steps you can take next. Based on your specific situation, you may apply for an immigration appeal or if this is unsuccessful, opt for a judicial review.
Appeal
In some cases, you can appeal the decision made by the Home Office. In the appeal process, you will be able to present your case for reassessment to the first-tier immigration tribunal. During this process, you can present new evidence or highlight potential errors in the initial evaluation.
The tribunal will then decide to either uphold or overturn the refusal. In cases where the tribunal’s decision is not favourable, you may have the option to appeal again to a higher tribunal. If you do decide to go for an appeal, it is worth thinking about engaging with a skilled immigration solicitor for guidance through this process, which is highly advisable.
Remember that being allowed to appeal depends on specific criteria, and not every refusal will qualify for an appeal.
Also read: How to Win an Immigration Appeal
Judicial Review
Should the appeal be unavailable or unsuccessful, the next option could be to apply for an Immigration Judicial Review. This is a legal process where a judge examines the validity of the Home Office’s decision. If the judge identifies flaws in the decision-making process, such as unfairness or non-compliance with set UK immigration law, they can order the Home Office to reconsider its decision.
Judicial reviews are complex processes and should be pursued with the help of an experienced immigration solicitor.
Get Expert Advice on the 10 Years Long Residence Rule
If you have been in the UK for at least ten continuous years and are considering applying for Indefinite Leave to Remain, seeking expert legal advice is highly recommended. The long residence route has specific requirements, and even minor errors or omissions can result in delays or refusal.
At Gulbenkian Andonian Solicitors, our immigration solicitors team can assess your eligibility, help you gather the correct documentation, and prepare a strong application that meets the Home Office’s expectations. We also advise on issues such as excess absences, visa gaps, and discretionary considerations that may affect your case.
Contact us today to discuss your circumstances in confidence. We are here to help you take the next step towards securing your long-term future in the UK.
FAQs
To apply for Indefinite Leave to Remain under the 10-year long residence route, you must have completed 10 years of continuous and lawful residence in the UK, without excessive absences (generally no more than 540 days in total and 180 days in any 12-month period). You must hold valid leave at the time of application, pass the Life in the UK Test, meet the English language requirement (B1 level), and satisfy the suitability requirements, including good character and compliance with immigration laws.
No, you cannot apply for ILR after just 5 years if you are on the 10-Year Long Residence route. This specific route requires you to have completed a full 10 years of continuous and lawful residence in the UK to qualify. The 5-Year route to ILR applies to certain visa categories like Skilled Worker, Spouse, or Innovator visas, where applicants meet stricter requirements within a shorter time frame. If you’re on a mix of visas or have had gaps, overstays, or frequent switches, you’ll usually need to complete the full 10 years before becoming eligible for settlement under this route.
The 10-year route is for individuals who have lived in the UK legally and continuously for a full decade, with no overstaying or gaps in their immigration status, and allows them to apply directly for Indefinite Leave to Remain (ILR). In contrast, the 20-year-long residence route is for those who may have lived in the UK without legal status, but have remained continuously for 20 years; this route leads first to limited leave to remain, and only later to ILR after building up 10 years of lawful residence. The key difference lies in the legal status during the qualifying period and the type of leave granted at each stage.
To qualify for Indefinite Leave to Remain under the 10-year long residence route, an applicant must have spent a legal and continuous period of 10 years in the UK, pass English language and life in the UK test, and they must not breach any immigration laws during the stay. Also, you must not be outside the UK while applying.
The 10-year route can be a complicated way of achieving indefinite leave to remain. Therefore, immigration solicitors can provide legal guidance, support, and representation to individuals navigating the 10 Years Lawful Residence route, ensuring compliance with immigration rules and the ILR application requirements.
You need to pass an English language test at the B1 level or have an equivalent qualification unless you’re exempt due to age, disability, or any other reason.
If refused, your refusal letter will outline what steps you can take next. In many cases, individuals will be allowed to make an appeal based on the refusal reasons or reapply after addressing the issues cited. For the best result, make sure you collaborate with an immigration lawyer to gain expert advice and insights.
The Life in the UK Test is an examination that assesses your wisdom of British life and culture. To prepare, you should study the official handbook for the test by Home Office. The test, which lasts 45 minutes, covers information from this handbook, making thorough preparation crucial for success.
The difference between 10 years of long residence and 20 years of long residence in the UK typically relates to the basis for applying for indefinite leave to remain (ILR). After 10 years of continuous lawful residence, one may apply for ILR under long residence rules. Meanwhile, the 20-year route usually applies to individuals who have lived continuously in the UK for 20 years, including periods of both lawful and unlawful residence.
At Gulbenkian Andonian, we pride ourselves on “Excellence, Experience and Efficiency”. With over 35 years of experience on your side, our team of London based lawyers and solicitors have a wealth of experience advising individuals, families and businesses of all sizes to find clarity on UK law. Call us on +44 (0) 207 269 9590 or fill out the form below. We usually reply within a few hours. Neither Gulbenkian Andonian Solicitors ltd, nor their employees, agents, consultants or assignees, accept any liability based on the contents of written articles which are meant for guidance only and not as legal advice. We advise all readers to take professional advice before acting. If you would like to consult with a professional lawyer or solicitor to discuss your case, please do not hesitate to contact us directly. This site is protected by Wordfence and operates under a robust SSL to ensure your security, safety and privacy. Our site uses reCAPTCHA and is protected by the Google privacy policy and terms of service. Ask our Expert Legal Team
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Dr Bernard Andonian is the Co-Founder of Gulbenkian Andonian Solicitors and a leading authority in UK immigration, human rights, family and civil litigation law. With over 40 years of experience, he brings a wealth of legal knowledge and courtroom expertise. A former Judge and a recipient of a PhD in Law from the University of West London, Dr Andonian has served on the Law Society’s Immigration Law Panel, where he played a key role in shaping national legal standards. His name is featured in the Legal 500 Hall of Fame, recognising his consistent excellence and influence in the field. Known for his practical approach and deep understanding of immigration law, he is frequently consulted for commentary on policy changes and legal reform.