Can time spent on multiple visa categories count toward the 10-year Long Residence route?

At Gherson, we often receive enquiries about whether time spent on multiple visa categories can be combined to meet the 10-year qualifying period for UK settlement. This blog explores the legal framework governing the Long Residence route, the suitability and continuous residence requirements, and the implications of switching between visa categories.

Understanding the 10-Year route for settlement

The 10-Year route under Appendix Long Residence of the Immigration Rules allows individuals to apply for settlement in the UK after residing continuously and lawfully for 10 years, provided certain conditions are met. This route is particularly relevant for those who have held various types of visas during their time in the UK.

Applicants who meet the requirements for settlement, including English language proficiency, Knowledge of Life in the UK, and having spent the last 12 months in the same immigration route, can apply for immediate settlement. Those who do not meet these additional requirements may apply for further permission to stay instead. Notably, dependants cannot apply under this route alongside the main applicant; they must meet the requirements independently.

Combining time on multiple visa categories

Time spent on various visa routes can be aggregated to meet the 10-year qualifying period for settlement, provided certain conditions are met. This includes periods on work visas (such as Skilled Worker), family routes (such as spouse or partner visas), and other immigration categories.

For example, an applicant who has spent 2 years on a Skilled Worker visa, then switched to a spouse visa, and later returned to a Skilled Worker visa may combine all these periods toward the 10-year requirement. However, there are important restrictions:

• Time cannot be counted if the applicant entered the UK illegally or fails to meet the suitability requirements.
• All periods being aggregated must have been spent with valid leave in the UK.

Suitability requirements

An applicant seeking settlement under the Long Residence route must meet the suitability requirements outlined in the Immigration Rules. Specifically, the applicant must not be in breach of immigration laws, except where paragraph 39E applies, which allows certain periods of overstaying to be disregarded – although these periods will not count towards the qualifying period. Additionally, the applicant must not be on immigration bail at the time of the application.

Continuous residence requirements

Continuous residence is a critical element of the Long Residence route. Rules on absences from the UK differ depending on whether the qualifying period occurred before or after 11 April 2024:

• For periods before 11 April 2024: applicants must not have spent more than 548 days outside the UK in total or been absent for more than 184 days consecutively.
• For periods on or after 11 April 2024: absences must not exceed 180 days in any rolling 12-month period.

The relevant period for calculating continuous residence is determined by the most beneficial date for the applicant, such as the date of application, up to 28 days after the application, or the date of decision. Residence in the Channel Islands or Isle of Man counts towards continuous residence, but time spent in Ireland or other Crown Dependencies does not.

Periods that do not count towards settlement

Certain types of leave cannot be counted towards the continuous residence period for settlement, including:

• Visitor visas
• Short-term study visas
• Seasonal Worker visas
• Immigration bail
• Temporary admission
• Any period of overstaying or time spent without valid leave

Practical implications

The ability to combine time spent on multiple visa categories provides flexibility for individuals pursuing settlement under the Long Residence route. However, applicants must carefully consider the suitability and continuous residence requirements, as well as the impact of switching between visa categories. Compliance with immigration rules and maintaining continuous residence are essential to ensure eligibility.

Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on X, Facebook, Instagram, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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