Long Residence Requirements Update: What You Need to Know
The UKVI has implemented substantial modifications to its Long Residence immigration rules, marking a significant shift in the approach to permanent settlement. These changes, which took effect from 11 April 2024, with subsequent updates in 2025, represent a comprehensive overhaul of the existing framework through the introduction of Appendix Long Residence.
At the heart of these reforms lies a fundamental change to the continuous residence requirements, establishing a more structured approach to absence calculations. For periods preceding 11 April 2024, applicants must demonstrate that their total absences did not exceed 548 days over the ten-year qualifying period, with no single absence surpassing 184 days. However, for time spent in the UK from 11 April 2024 onwards, the framework has been streamlined to a maximum of 180 days absence in any rolling 12-month period, eliminating the previous 548-day total absence limit.
The reforms have also introduced a crucial new requirement for those seeking Indefinite Leave to Remain (ILR). Applicants whose current permission was granted after 11 April 2024 must now hold that permission for a minimum of 12 months before submitting their ILR application. This modification aims to ensure greater stability and commitment to one’s immigration status before pursuing permanent settlement.
A significant clarification has been provided regarding what constitutes lawful residence. The new guidelines explicitly state that applicants must have spent their qualifying decade in the UK with valid permission or under exemption from immigration control. This definition notably excludes time spent under certain short-term visas, providing greater clarity for both applicants and immigration practitioners.
The changes also address the position of EEA nationals, confirming that time spent in the UK as an EEA national or as a family member of an EEA national exercising Treaty rights counts towards the requisite ten-year period. This clarification provides welcome certainty for European residents who have made the UK their home.
While not a specific case, the new rules and guidance confirm that COVID-related absences before April 11, 2024, can potentially be disregarded when calculating continuous residence. This is a significant change from the previous discretionary provisions.
It is no longer possible to rely on a historical 10-year period of residence for a successful long residence application. A recent breach of the 180-day absence limit, without mitigation, now makes it impossible to qualify based on a past period of residence.
This change was introduced through the new Appendix Long Residence and Appendix Continuous Residence, which came into effect on 11 April 2024.
The new rules now calculate the continuous residence period by counting back from the most beneficial date to the applicant, which can be:
- The date of application
- Any date up to 28 days after the application date
- The date of decision
- For UK Ancestry route applicants, the date of their last grant of permission
This change in the rules effectively eliminates the possibility of relying on a historical 10-year period that is not immediately preceding the application. The new approach ensures that applicants must meet the continuous residence requirements up to the point of application or decision, rather than being able to rely on a past period of residence.
In recognition of exceptional circumstances, the new framework maintains provisions for absences due to serious or compelling reasons. These might include periods of absence necessitated by life-threatening illness, natural disasters, or conflict. However, such exceptions require robust supporting evidence and are considered on a case-by-case basis.
Employment-related absences have received particular attention under the new rules. While such absences count towards the 180-day maximum permitted annually, the regulations specifically address scenarios where employment outside the UK might indicate that UK employment has become secondary, potentially breaking the continuous residence requirement.
A notable administrative change has also been implemented regarding sponsor licence renewals. As of April 2024, the requirement for sponsor licence renewal has been eliminated, reducing the bureaucratic burden on employers and streamlining the sponsorship process.
The transitional arrangements have been carefully considered, with the new absence calculations applying only to periods from 11 April 2024 onwards. This approach ensures fairness by maintaining the previous rules for qualifying periods before this date, while implementing stricter requirements moving forward.
Some significant case law decisions have emerged regarding the new long residence rules introduced in 2024:
R (on the application of Iyieke) v Secretary of State for the Home Department:
This case, heard by the Supreme Court, addressed whether periods of overstaying should count towards the 10-year continuous lawful residence requirement. The court ruled that overstaying periods cannot be considered as lawful residence for long residence applications.
SSHD v AYOMIDE MUNIRAT KARIM UI-2024-000853:
This case clarified the treatment of overstaying periods under the new rules. The tribunal held that certain short periods of overstaying could be disregarded but emphasized that continuous lawful residence is still required for the majority of the 10-year period.
This Upper Tribunal case reinforced that leave obtained by deception cannot be considered lawful residence for long residence applications. The tribunal stated that treating such periods as lawful would lead to “absurdity”.
While maintaining the UK’s commitment to providing routes to settlement for long-term residents, the new framework implements more stringent controls on absences and clearer requirements for maintaining continuous residence. These reforms represent a significant step towards enhancing transparency and consistency in the UK’s immigration system, whilst ensuring that those seeking permanent settlement demonstrate genuine and sustained ties to the UK.
Struggling with the complexities of dealing with Long Residence applications?
HJT Training brings you a comprehensive live online course exploring the new Long Residence framework, led by experienced Barrister Sandra Akinbolu on Tuesday, 25th February 2025.
This CPD-accredited session offers practical guidance on further updates on crucial changes, from the new 180-day rolling period rule to complex overstaying provisions, whilst providing expert insights on settlement applications under both 10-year and 20-year routes.
Drawing from extensive Tribunal experience, the course equips practitioners with essential knowledge of the latest Immigration Rules and UKVI Caseworker Guidance.
To book your spot, visit here
If you are reading this blog after the course date, please contact us regarding your enquiries on future course dates.
Useful links
Immigration Rules Appendix Long Residence: https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-long-residence
Version 22.0: https://assets.publishing.service.gov.uk/media/67601ed90fb02bbe4853ef71/Long+residence.pdf
Continuous residence guidance : https://www.gov.uk/government/publications/continuous-residence/continuous-residence-guidance-accessible-version
Absence Calculator – the3million : https://the3million.org.uk/absence-calculator
Written By Shareen Khan, Legal Content Writer
Email: enquiries@hjt-training.co.uk or call us on 075 4416 4692