The rules on Long Residence have been updated significantly following the latest Statement of Changes to the Immigration Rules (HC 590). From the 11 April 2024, we can now find the rules on Long Residence under the new Appendix Long Residence. Here, we consider the latest changes and how they may impact individuals.
On 14 March 2024, the latest Statement of Changes to the Immigration Rules (HC 590) introduced sweeping changes, such as the increased salary requirements for Skilled Workers, and an increase to the minimum income requirement for family visas. Amongst this, the rules on Long Residence have also been changed significantly.
Who can apply on the basis of Long Residence?
The Long Residence category of the Immigration Rules allows applicants who have lived in the UK lawfully for at least ten years to apply for Indefinite Leave to Remain (ILR), also known as settlement. Applicants may combine permission held under most immigration routes towards the ten-year qualifying period.
In certain circumstances, an applicant may also be granted permission to stay on the basis of Long Residence, for example if they meet the suitability, qualifying period, and continuous residence requirements, but do not meet the English language or knowledge of life in the UK requirements.
Why have the rules on Long Residence changed?
Appendix Long Residence came into effect on 11 April 2024, replacing the previous provisions in Part 7 (rules 276A-276D) of the Immigration Rules. Applications made before 11 April 2024 will be decided on the rules under Part 7 of the Immigration Rules.
The Explanatory Memorandum to the Statement of Changes provided the reasoning for these changes:
"5.34. For greater consistency across immigration routes, the standard requirements within Appendix Continuous Residence, Appendix English Language and Appendix KOL UK (Knowledge of life in the UK) have been applied to the Long Residence route.
5.35. Appendix Long Residence includes a policy change whereby applicants must have had their current permission for one year (or have been exempt from immigration control within the 12 months immediately before their application) to qualify for settlement on this route. This aligns the requirements of this route with wider requirements for settlement."
The introduction of Appendix Long Residence certainly makes sense in terms of standardising the Immigration Rules into 'Appendix' style chapters. However, it remains unclear the way in which requiring applicants to have held their current permission for one year aligns the requirements with other settlement routes.
What are the key changes?
Under the eligibility requirements for settlement on the Long Residence route, the rules on the qualifying period requirement for settlement state:
"LR 11.1. The applicant must have spent a qualifying period of 10 years lawfully in the UK, for the entirety of which one or more of the following applied:
- the applicant had permission, except permission as a Visitor, Short-term Student (English language) or Seasonal Worker (or under any of their predecessor routes); or
- the applicant was exempt from immigration control; or
- the applicant was in the UK as an EEA national, or the family member of an EEA national, exercising a right to reside under the Immigration (European Economic Area) Regulations 2016 prior to 11pm on 31 December 2020 (and until 30 June 2021 or the final determination of an application under Appendix EU made by them by that date)."
LR 11.1(c) is a new element of the rules on Long Residence. Previously, only the guidance on Long Residence had made provision for applicants who had exercised their rights under the EEA Regulations, but this had not been contained in the Immigration Rules themselves.
A further clarification to the rules has been brought in under Appendix Long Residence LR 11.2:
"LR 11.2. The following periods will not count towards the qualifying period for Long Residence:
- time spent on immigration bail, temporary admission or temporary release; and
- any period of overstaying between periods of permission before 24 November 2016 even if a further application was made within 28 days of the expiry of the previous permission; and
- any period of overstaying between periods of permission on or after 24 November 2016 even if paragraph 39E applies to that period of overstaying; and
- any current period of overstaying where paragraph 39E applies."
There has been a great deal of case law in the past on the topic of whether periods of overstaying could be disregarded for a ten-year Long Residence application. LR 11.2 essentially clarifies that any period of overstaying before or after 24 November 2016 will not be considered towards to the qualifying period for Long Residence.
A further significant change is as follows:
"LR 11.3. Subject to LR 11.4, the applicant must have had permission on their current immigration route for at least 12 months on the date of application, or have been exempt from immigration control in the 12 months immediately before the date of application."
As mentioned above, the justification for this new provision is unclear. This will mean that future applicants are prevented from applying for settlement on the basis of Long Residence until they have held permission on their current immigration route for at least 12 months.
The Long Residence route is often an appealing route as it allows applicants to rely on numerous different categories of permission to stay in the last ten years to count towards the qualifying period. Applicants who have recently switched immigration categories will therefore need to be wary of this restriction.
Additionally, LR 11.4 states that; "If the applicant's current permission was granted before 11 April 2024, LR 11.3. does not apply". This is significant, as it means the 12-month rule will not apply to individuals granted permission before 11 April 2024.
Appendix Continuous Residence
The rules on absences during the qualifying period have also changed, as Appendix Continuous Residence now applies to Long Residence applications. The rule prior to 11 April 2024 was that an applicant could not have spent more than 184 days outside the UK at one time, and could not have spent a total of over 548 days outside the UK during the ten-year qualifying period.
Appendix Continuous Residence states that an applicant must not have spent more than 180 days outside the UK in any 12-month period.
The new Long Residence guidance confirms that transitional arrangements are in place to preserve the position that continuous residence will be broken if an applicant has been absent for more than 184 days at one time, or 548 days in total in the ten-year qualifying period, if the absence was before 11 April 2024. The guidance confirms as follows:
"This means that:
- any single absences started before 11 April 2024 must be no longer than 184 days
- a 10-year period completed before 11 April 2024 must not have total absences of more than 548 days – for 10-year periods which extend beyond 11 April 2024, there is no 548-day limit
- from 11 April 2024 the applicant must not have been outside the UK for more than 180 days in any 12-month period."
Long Residence and permission to stay
Appendix Long Residence also introduces provisions further clarifying the circumstances in which an applicant may be granted permission to stay on the basis of Long Residence. If an applicant cannot meet the English language or knowledge of life in the UK requirements, they may instead be granted permission to stay for a period of 24 months.
How our Immigration Solicitors can help
We are experienced in preparing applications for settlement and permission to stay on the basis of Long Residence. Such applications attract significant scrutiny and therefore must be prepared carefully.
Originally published by 12 April, 2024
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