New Indefinite Leave to Remain Regulations in the UK That All Should Know by 2024: UK ILR New Rules
For individuals who have built a life in the UK over a long period, the ten year long residence route has offered a pathway to indefinite leave to remain ILR. However, significant changes to these rules occurred on April 11th, 2024. Now let’s unpack the new changes: UK ILR New Rules
Minimum current visa duration.
A new requirement stipulates that applicants must have held their current visa for at least 12 months before applying for ILR. This applies only to visas granted after April 11th, 2024.
Previously, the focus was on total lawful residence, offering more flexibility absence calculations. The way absences are calculated has been revamped under the new rules. Applicants cannot have been outside the UK for more than 180 days in any consecutive 12 month period. This offers more leniency compared to the previous limit of 548 days over the entire ten years. However, it’s important to note that this relaxed approach only applies to absences occurring after April 11th, 2020 for historic qualifying periods. Previously, applicants could rely on a historic ten year residence even if they hadn’t formally applied. This option is no longer available. Applications will be assessed based on the new regulations.
Importantly, one major change is that applicants can no longer rely on a historic ten year qualifying period to qualify for settlement under the new rules. This was a useful feature of the old route, which allowed those who had accrued long periods of lawful residence but who never made an application. This is no longer an option under the new rule. Understanding the impact. The new minimum visa duration requirement might delay applications for some if you haven’t held your current visa for a full year. Upon reaching the ten year mark, you’ll need to wait until the 12 month requirement is met before applying. The revised absence calculation offers greater flexibility for future applicants, as long as absences in any 12 month period don’t exceed 180 days, you’ll be on track. However, those who completed their ten year residence before April 11th, 2024, still need to comply with the older and stricter limit of 548 days in total and no single absence exceeding 184 days.
The removal of the historic qualifying period is a significant change.
It emphasises the need for proactive application upon reaching the ten year residence milestone. Planning your application. Check your visa duration. If you haven’t completed 12 months on your current visa by your ten year anniversary. Factor in the additional waiting time. Review your travel history. If you completed your ten years before April 11th, 2024.
Ensure your absences comply with the older limit.
Total absences under 548 days and no single absence exceeding 184 days. For those nearing the ten year mark after April 11th, 2024, plan your travel to stay within the 180 day limit in any 12 month period. Seek professional guidance the changes can be complex and consulting an immigration lawyer can help ensure a smooth application process. They can assess your eligibility, advise on navigating the new rules and assist with the application itself. The revised ten year long residence route introduces stricter requirements in some aspects, but offers more flexibility in calculating absences for future applicants. Understanding these changes and their implications is crucial for those aiming to secure ILR through this route. Remember, consulting an immigration specialist can significantly improve your chances of a successful application.
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