The Immigration Rules allow for an individual who has lived in the UK lawfully and continuously for ten years, and where the other relevant suitability and eligibility requirements have been met, to apply for indefinite leave to remain on the basis of long residence.
Prior to 12 April 2023, an individual was able to rely upon leave granted in a temporary category or on a route to settlement towards the ten years of continuous residence, so long as the leave in question constituted lawful residence.
As a result of a new Statement of Changes, which was published on 9 March 2023, the type of leave relied upon to meet the ten years of continuous residence has been restricted. This particular part of the Statement of Changes took effect from 12 April 2023.
As a result, from 13 April 2023 onwards, it will not be possible to rely upon leave in temporary immigration categories, including time spent with immigration bail, any category of visitor, short-term student, or seasonal worker, to meet the definition of lawful residence. Instead leave in these categories during the relevant ten year period will be deemed to have broken continuous residence.
This means that if an individual applied before 13 April 2023, the old rules ought to apply. However, if an application is made after the new rules came into effect, i.e. on or after 13 April 2023, residence in the UK under a temporary category, even where the period of residence was before 13 April 2023, cannot be relied upon.
If you would like any advice or assistance regarding the effect of these changes on your eligibility to apply for indefinite leave to remain on the basis of long residence then please do not hesitate to contact one of the experienced solicitors in our immigration team.
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