Frequently Asked Questions based on almost 20 years of experience. Contact us now for affordable fees, expert advice and same-day response.
This is for you if spent 10 years in the UK, legally and continuously, without unacceptable gaps.
Difference between 10 years Long Residence, 10-year route for partners and parents, and 10 years Private Life
Long Residence is based on 10 years in the UK on most visas (but not all) where you can combine categories like Student, Graduate, Spouse etc. These categories cannot be combined for ILR routes based on 5 years, but can be for 10 years Long Residence. Some of categories do not count towards ILR 5 years at all, such as Student, but can be counted towards Long Residence. This is the category covered on this page.
10-year Partner/Parent route is for those who spent 10 years continuously on either a partner or Parent visa, or both. But not in a combination with other visas, like Student or Graduate.
Private Life settlement also needs a total 10 years in the UK, with the last visa being in Private Life category and the rest can be Private Life, Partner or Parent. Some other categories can also be included in the calculation, if they were the ones that lead to settlement (like Skilled Worker Dependant) and the person didn’t enter illegally. There are also shorter routes, such as only 5 years for children and young adults. Children born in UK can apply for ILR in this route after 7 years in the UK on any status, including without a status.
You can count all visa categories, except Visitor, Ukraine scheme, Short-term Student, seasonal worker, exempt from immigration control (such as diplomats). You cannot include time spent on bail, temporary admission. Any of these would beak “your” 10 years and you’ll have to start counting again from scratch.
Is having Section 3C leave counted towards 10 years?
Yes.
Does waiting for appeal count towards 10 years?
Yes, if it were in-time appeal, it would be same logic as Section 3C.
Does waiting for a visa count towards 10 years?
Depends. Waiting while on a Section 3 leave is Ok. Waiting on “permitted overstaying” under the old p.39E, now under Part Suitability “exception for overstayers” does not break continuity but does not count towards 10 years.
Example #1: Student visa expired on 15 April 2025 but you applied for a Graduate visa on 1 April 2025 and it was decided on 1 June 2025. In this case, you were on 3C leave from 1 April to 31 May 2025 and it didn’t break the continuity.
Example #2 (simplified): Skilled Worker visa expired on 15 April 2025, you applied for extension in same category on 1 April 2025, it was refused on 1 June 2025, ending your 3C leave. You re-applied within 14 days on 14 June 2025 and were granted a SW visa on 1 July 2025. In this case, you were a “permitted overstayer” under Exception for overstayersof Part Suitability from 2 June to 30 June 2025; you didn’t break the continuity but cannot count the 28 days of June as part of “your” 10 years and have to wait 10 years and 28 days to apply for ILR (can still submit within 28 days before that).
Do I need visas for the whole 10 years without gaps? What if I applied outside the UK and there was a gap?
If you left the UK on a valid visa and came back later on a new visa, both of acceptable types, it won’t break your residence, as long as you have not exceeded the limits on absences. That gap between visas counts as absence. However, the gap does not count towards 10 years. For example, if you spent 3 months outside the UK and came back on a new visa, you would need to apply for ILR after 10 years and 3 months.
The new visa can be in the same or a different category from the acceptable types. For example, leaving on a Student visa and returning on a work visa is OK. But leaving on a Student visa and returning on a Visitor visa will break your 10 years. If you return again, say on a work visa, you would have to start again.
Most common question ever: I know I can apply 28 days before I qualify for ILR, but from when? Date of visa issue (date of vignette) or date of first entry?
You can count from the date of visa if you meet the rules on absences. The time between visa issue and date of entry can be counted as an “absence”. If not, count from date of entry. Limits are: for the trips before 11 April 2024, max 184 days per each single trip abroad and a total 548 days. For the trips on or after 11 April 2024, the limit is 180 days per every 12 months on a rolling basis. Most applicants need to analyse these 2 periods separately.
Absences 180-day per year rule: during a calendar year, during each year from date of entry or how is it calculated?
From the date of application, backwards. If you apply for ILR on 3 June 2026, the 5-year period is 3 June 2016 to 3 June 2026.
What is a rolling basis?
It means however you count 12 months, the maximum is always 180 days. From day 1, from day 31, from 241 etc. One long stay abroad cannot be spread over more than one year. It is actually a similar rule to Schengen rule of “90 days during 6 months”, except it’s double, i.e. 180 days during 12 months and it’s days out of UK.
Is it safe to submit exactly 28 days before I am eligible? I read it’s better to wait a couple of days to be safe.
It is perfectly safe to submit exactly 28 days before you are eligible to meet the 10-year rule. This is the policy, the law, it is not about what’s safer, it’s about following the procedure. However, you also must have spent full 12 months in your current visa category on the date of application, that’s full 12 months, not 11 months on the date of “28-day rule”.
Do I need to wait for 12 months on my current visa?
Here 12 months have to be in the current visa category, not specifically on the current visa. For example, if your current Student Worker visa was issued 6 months ago, but you had another Student visa before that for another 6 months, it would meet the requirement. However, if you switched from Student to Graduate just 6 months ago, you have to wait another 6 months.
Do I need to wait full 12 months or can I apply 28 days before that?
The Rules say 12 months on the date of application, so yes, have to wait full 12 months. Unless the Government provides a further clarification on this.
Do I have to wait until closer to the visa expiry date or can I apply as soon as I am eligible?
Can apply as soon as you are eligible, even if your visa is still valid for some time.
How long does ILR take?
Can take 6 months on standard service (standard Home Office fee). By next working day on Super-Priority service, although it is very limited and hard to secure. Many people have to check at midnight, 1am etc. Timing starts from biometrics.
How can I track it? Can I contact the UKVI to check the progress?
No and No. UK Visas and Immigration doesn’t offer a tracking facility. You can call the contact centre but they won’t provide any update “because of data protection”. There are email addresses (if you find them) but they won’t provide any update until the above timing has passed, such as 6 or 12 months.
Is there Priority service £500 or only Super-Priority £1,000?
Only Super-Priority for extra £1,000 and even that it is very hard to secure, because it is very popular while slots are very limited. Unlike ILR for workers or their dependants, there is no middle £500 option in this route.
I cannot see a Super-Priority option for SET(LR), when is the best time to look and check the portal?
In our experience, people had to check at midnight, 1am etc, but there is no specific timing, the Home Office can release this option (“slots”) at any time.
Can I change to Super Priority after submitting on standard because it is taking too long?
No, once submitted and paid, you cannot change.
Can I travel while waiting for ILR?
No, you cannot travel abroad, even though you’ll have your passport. It’s the law: if you leave, a pending application gets cancelled (“withdrawn”) without a refund.
You submitted your application, and what happens next? You may imagine that someone at the Home Office immediately springs to action and looks at your files, maybe runs a few checks, so what could they possibly be doing for 6 months?
The HO does make quick automatics checks with HMRC, police etc, but they do not do them in steps. More likely all at once. It doesn’t take 6 months for someone to look at one case. It takes long because of the queue of cases before yours. Because 100s of other applicants had the same idea at the same time. Therefore, the HO may not even open your case for 5.5 months and then quickly approve it.
For those wishing for a tracking system, like Check 1 done. Check 2 pending etc, a tracking system would probably look like this:
Month 1 – Not even looked yet.
Month 2 – Nothing done.
Month 3 – Not your turn yet.
Month 5 and 30 days – all checks run together and approved.
So, the end result would be the same: worrying for 6 months and then getting an approval. Or a refusal in some cases.
If you submitted your application before your previous visa expired (even on its last day), your status automatically extends in the same category as before, all the way until decision.
This is known as a Section 3C leave. For as long as it takes, doesn’t matter if the decision comes after your visa expiry date.
Example #1: you had a Skilled Worker visa, before it expired you applied for ILR Long Residence. t can take 6 months, so your status would continue as Skilled Worker during that time. Meaning you can work legally, rent, use the NHS etc. But on the same conditions as Skilled Worker, ie for your sponsor in the job on the COS etc.
Same goes for an appeal, if you are refused but appealed on time, your 3C leave continues and your legal status extends.
Example #2: you had a Spouse visa, before it expired you applied for ILR Long Residence. It took 6 months and was refused, during that time your status remained as “Spouse visa” on a 3C Leave. Now you have 14 days to re-apply, addressing the problem, usually too many absences. You re-applied on day 10, from then and until the decision your status is “permitted overstaying” under what used to be p.39E of the Immigration Rules, now under Part Suitability. It’s overstaying that is disregarded for the purpose of ILR, basically means you are OK to remain in the UK.
You can prove your Right to Work: https://www.gov.uk/prove-right-to-work/get-a-share-code-online. For a pending application, sometimes the system still shows an old expiry date (ie in the past), so your Employer can use the dedicated Employer’s Checking Service for pending cases and appeals: https://www.gov.uk/employee-immigration-employment-status
You can prove your Right to Rent: https://www.gov.uk/prove-right-to-rent/get-a-share-code-online
How much money do I need to show?
There is no minimum income requirement and there is no need to show any savings.
What tests do I need?
Life in the UK test. Separately, you need English test the level is B1 in Speaking and Listening if you are applying before 26 March 2027. After that – B2. You can also meet the English language part by providing your GCSE or A level obtained from a UK school or college.
Do I really need a Life in the UK test? I heard it’s only for Citizenship.
Yes, you need it for ILR but don’t need again for Citizenship. Exemptions are for those aged 65 or over, learning disability or a medical reason.
Do I need English language test again if I already provided it in my last application?
If you provided B1 test during your last application, you don’t need to take another test, even if it’s now 2 years passed. From 26 March 2027 you’ll need to add B2 test because visas like Skilled Worker only needed B1. Also, if your current visa was issued on the basis of meeting the English requirement at the required level, you don’t need it again, such as a Graduate visa is based on a UK degree, which is seen as a C1 level and C is higher than B.
What are the changes from 26 March 2027?
English level for ILR goes up from B1 to B2, still only in Speaking and Listening. If you are using a degree taught in English, the new rule won’t affect you because degrees are seen as a higher level than B2 (degree is a C level).
Do I have to pay IHS for ILR?
No.
Do I get IHS refund if my ILR is approved before my last visa expired and my visa was still valid for some time?
No.
If my application is refused, will I get a visa in another category?
The Home Office will consider all relevant circumstances, such as Private Life or if you mentioned a relationship with a British/settled partner. If you qualify on those, they may issue a visa in that category instead, such as another Partner visa for 30 months.
When can I apply for British Citizenship? Do I have to wait 12 months after ILR?
Have to wait 12 months unless married to a British citizen.
Do I need Life and English tests again for Citizenship if I provided them for ILR?
No.
Can I include dependants? Will my children get ILR at the same time?
No, this category does not allow dependants.
If I get my ILR on 10 years Long Residence, what will happen to my dependants?
If your main category is Skilled Worker or Global Talent, and your dependants were on Dependant visas before you apply for ILR, they can continue on Dependant visas until they meet their own ILR requirements, usually 5 years in the UK. If they are on a Tier 1 Entrepreneur Dependant, they have to switch to a Spouse/Partner/Child visa, known as FLR(M) application, and start the 5 years again towards ILR in that new category.
My child was born in the UK, what do I do?
If you qualify for ILR (in any category), you can wait for your ILR and then register your child as British on MN1 form under Section 1(3). The child doesn’t need ILR or Dependant visa, saving you about £3,200.
What if my child needs to travel before MN1 Citizenship is approved?
If they need to travel, they will need a visa to return to the UK. Non-visa nationals (ETA nationals) could apply for a child’s ETA. But visa nationals would need a visa to return to the UK, therefore, you could apply for a Dependant visa or ILR (depends on the situation) or else, to wait until a UK passport has been sorted.
What happens if MN1 Citizenship is approved while the child is abroad (and has a UK visa)?
The new law in February 2026 requires all British citizens, including children, to enter the UK on a UK passport or Certificate of Entitlement to a Right of Abode (Certificate of Abode). A passport could take some time when applying overseas while a ROA Certificate is expensive. You could wait for the Citizenship to be approved and then take the child abroad.
Can a child use the NHS if he doesn’t have a UK visa and waiting for MN1 to be considered?
Everyone can use the NHS for 3 months. After that, GP and A&E services remain free on any status (or without a status). But planned medical treatment, like non-emergency scans and tests, can stop being free. If you are concerned about this, you can apply for a child’s Dependant visa or ILR. It costs money but gives a peace of mind.
We provide a tailor-made checklist based on your circumstances and review everything.
These are only proposals at the moment, they haven’t been confirmed and no details have been provided. It was proposed to increase the period to ILR from 5 to 10 years for most migrants, like Skilled Workers, and abolish 10 years Long Residence altogether. Since most migrants (but not all) would need 10 years on specific categories, there is no point of keeping an option where you could combine various visas. The option of Private Life will remain, effectively meaning the 10-year residence will be replaced with 20-year residence for adults. Children and young adults will continue to be able to apply for ILR after 5 years on Private Life or Family visas.
Furthermore, so far these proposals include a minimum level of earnings for all applicants, even if they have a partner who earns good money. The proposed income for the applicants could be £12,570pa during the 3 years before ILR application. Those who don’t earn enough would qualify for extension (instead of ILR), which would involve paying more in Government fees and Immigration Health Surcharge.