Important Changes to the long residence rules

The Home Office has recently changed the long residence rules to exclude specific visa categories from qualifying as lawful residence. What does it mean for prospective applicants?

What visas are being excluded?

Previously, any valid visa to stay in the UK could count towards the qualifying period of the 10-year long residence for Indefinite Leave to Remain (ILR). However, this has now been changed to exclude temporary permissions like visitor visas, short-term student visas, and admissions to apply for asylum.

Does it affect pending applications?

Since this amendment came into force on 12 April 2023, any applications made before 13 April will be considered under the old regime, but any new applications will be considered under the new rules.

Which applicants are at risk?

These changes mainly affect prospective applicants who have lived in the UK for the qualifying period but were on a temporary visa at some point. 

The potential scenarios include but are not limited to the following:

• An applicant who had lived in the UK for up to 6 months on a short-term student visa at some point during the qualifying period.
• An applicant who held a UK visitor visa at some point.
• An applicant who was on a temporary admission into the UK while waiting for a decision on their asylum claim.

Under the old law, all three instances would have counted towards the continuous residence requirement. However, starting from 12 April 2023, they now result in a break in continuity and must be excluded from the qualifying period.

How Gherson can assist

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 Twitter, 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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