UK Lists Category of People That Should Not Apply for Long Residence
- The UK Home Office updated its Long Residence guidance clarifying who cannot apply for the 10-year settlement route
- A particular category of individuals in the country are specifically told not to apply under Long Residence rules
- Visitors, short-term students, and seasonal workers cannot count their time in the UK toward the 10-year qualifying period
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The UK Home Office published updated guidance clarifying who can and cannot apply for settlement through the Long Residence route.
The Long Residence is a pathway that allows people who have lived lawfully in the UK for 10 or more continuous years to apply for indefinite leave to remain.
Source: UGC
The guidance is directed at Home Office caseworkers but carries significant implications for some others in the UK who are counting down the years toward settlement eligibility.
Who Should Not Apply for Long Residence
The guidance is explicit that certain groups of people should not use this route at all.
Commonwealth citizens who were continuously resident in the UK on or before 1 January 1973 are specifically directed away from Long Residence applications and pointed instead toward the Windrush Scheme.
Beyond that group, the rules make clear that time spent in the UK as a visitor, short-term English language student, or seasonal worker does not count toward the 10-year qualifying period and will actually break continuous residence.
This is a critical point for many who may have initially entered the UK on a visitor visa before later switching to a work or study route. Those early visitor months cannot be added to the clock.
Similarly, dependants cannot be included in a Long Residence application. Any family member wishing to benefit from the 10-year rule must submit their own separate application entirely.
People currently on immigration bail or in breach of immigration laws are also barred from settlement on this route, though certain overstaying exceptions exist under Part Suitability rules.
Key Rules on the 10-Year Qualifying Period
The 10-year period must be continuous and lawful. Time spent on immigration bail, temporary admission, or temporary release does not count.
Periods of overstaying, even those that are officially disregarded, are also excluded from the qualifying calculation.
An important timing rule states that applications submitted more than 28 days before the qualifying period is complete must be refused outright.
However, those who apply within 28 days of completing their 10 years can still be granted settlement if they meet all other requirements.
UK mentions long-term visa route for foreign graduates
Meanwhile, Legit.ng previously reported that UK government posted a publication about different visa applications and their duration for applicants.
Graduate visa allows foreign graduates to remain in the country for at least 18 months after completing an eligible degree.
Source: Legit.ng
