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ILR after ten years
and long residence.

"Ten-year route" means two different things, and confusing them costs people years. Here is the difference, and how to work out which one applies to you.

ILR 10-Year Route
ILR — Ten Year Route

Two different ten years,
and why it matters

People use "the ten-year route" to mean two entirely separate provisions. They have different requirements, different starting points and different rules about what counts. Applying under the wrong one is a refusal and a lost fee.

Long residence is ten years of continuous lawful residence in the UK, on any combination of qualifying visas. It is now governed by Appendix Long Residence, which replaced the old paragraph 276B on 11 April 2024.

The ten-year family and private life route is what you are granted when you cannot meet the five-year requirements of Appendix FM but refusing would breach Article 8. It runs in 30-month blocks, and settlement comes after ten years on that route — not ten years in the UK.

Indefinite leave to remain, ten-year route £800 Our legal fee, inclusive of VAT where it applies. Home Office fees, the Immigration Health Surcharge and biometrics are paid separately by you.

The 30-month extensions along the way are £800 – £1,200 each.

See our full fee guide →

Long residence: ten years of lawful stay

This route is for people who have been in the UK lawfully for ten continuous years, on any combination of visas that count.

It does not matter that the routes were different — student, then work, then partner is perfectly normal. What matters is that the residence was lawful throughout and continuous, and that the categories count.

Appendix Long Residence replaced paragraph 276B on 11 April 2024 and tightened several things. Time spent on immigration bail, as a visitor, or on short-term study does not count towards the ten years. Absences are assessed against limits both per absence and in total. And there are requirements on English at B1, the Life in the UK Test, suitability and — as always — no gaps in lawful leave.

A single gap is what usually defeats these applications. Someone whose leave expired for a fortnight eight years ago because an extension was filed late may find the clock restarted then, and be four years short of where they believed they were.

The family and private life ten-year route

This is a different thing entirely, and the name is the problem.

You are placed on it when you apply under Appendix FM or the private life provisions, do not meet the full five-year requirements, but refusing would breach your Article 8 rights. The commonest reasons are that the financial requirement cannot be met, that there are insurmountable obstacles to family life continuing abroad, or that a child is involved and it would be unreasonable to expect them to leave.

Leave is granted in blocks of 30 months. You extend repeatedly, and after ten years on this route you can apply for settlement.

Here is the part that catches people. The ten years counts time on this route. Five years spent here previously on a student visa, or a work visa, does not count towards it. Someone who has been in the UK for thirteen years but has only been on this route for six is six years in, not thirteen — and applying now means a refusal and a lost fee.

The route is also materially worse than the five-year route in other ways: more applications, more fees, and usually a no recourse to public funds condition unless it is lifted.

How to work out which one you are on

You cannot tell from how long you have been here. You tell from what you were granted.

  • Look at your grant letters A grant of 30 months under Appendix FM where you did not meet the financial requirement is the ten-year family route. A grant on a work or study visa is not.
  • Check whether every period was lawful Long residence needs ten continuous years of lawful leave. One gap, however short and however long ago, may have restarted the clock.
  • List every visa you have held Long residence allows combinations; the family route does not count anything outside itself.
  • Check for the no recourse condition Its presence is often a signal you are on a ten-year family or private life route rather than a five-year one.
  • Ask whether you could switch If your circumstances have improved enough to meet Appendix FM in full, moving to the five-year route can save years.

Switching from ten years to five

This is the most valuable thing on this page and almost nobody is told about it.

If you are on a ten-year family route because a requirement could not be met at the time — most often the financial requirement — and your circumstances have since changed so that you now meet the requirements of Appendix FM in full, it may be possible to move onto the five-year route at your next application.

The difference is substantial. Five years to settlement instead of ten, fewer applications, fewer fees, and usually no recourse to public funds condition.

Nobody reviews this for you. The Home Office does not write to say your income now qualifies. It is checked only if you or your adviser think to check it — which is why we look at it at every extension rather than at the end, by which point the years have already been spent.

Do not count from the day you arrived

The single most expensive assumption in this area is that ten years in the UK means ten years towards settlement. On the family and private life route the count starts when you joined that route. On long residence it restarts if lawful leave was ever broken. Establish your actual qualifying date from your grant letters before you apply — a refusal costs the Home Office fee and delays everything.

Have your dates checked
Common Questions

Ten-year route FAQ

What is the difference between long residence and the ten-year family route?
Long residence is ten years of continuous lawful residence on any combination of qualifying visas, governed by Appendix Long Residence since 11 April 2024. The ten-year family and private life route is what you are granted when you cannot meet the five-year requirements of Appendix FM but refusal would breach Article 8 — and its ten years counts time on that route only. Earlier lawful residence does not count towards it.
I have been in the UK for twelve years. Can I apply now?
Not necessarily, and this is the assumption that costs people most. If you are on the ten-year family or private life route, the count starts from when you joined it, not from when you arrived. If you are relying on long residence, any gap in lawful leave may have restarted the clock. Check your grant letters before applying — the fee is not refunded on refusal.
Does time on a student visa count towards long residence?
It can, because long residence allows a combination of qualifying routes. But Appendix Long Residence excludes certain categories, including time on immigration bail, as a visitor and on short-term study, and it has its own absence limits. It does not count towards the ten-year family or private life route at all.
Can I move from the ten-year route to the five-year route?
Sometimes, and it is worth checking at every extension. If your circumstances have changed so that you now meet Appendix FM in full — usually because the financial requirement can now be met — switching can halve the time to settlement and remove the no recourse to public funds condition. Nobody will prompt you; it is only spotted if someone looks.
What breaks continuous lawful residence?
A gap in leave is the main one. If your leave expired before the next application was made, continuity is generally broken and the ten years may restart from then — even if the gap was short and years ago. Excessive absences also break it, and certain categories of stay do not count at all under Appendix Long Residence.

Related

Not sure which ten years you are counting?

Send us your grant letters. We will tell you which route you are on and exactly when you qualify — before you spend a Home Office fee finding out.

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