Lawful and continuous residence changes to Long Residence route from 11 April 2024

munirabid wrote: ↑

Thu Mar 09, 2023 10:47 pm

https://freemovement.org.uk/statement-o ... es-hc1160/

Lawful and continuous residence
The current definition of what constitutes lawful residence in the UK under the long residency rules is unclear and this has lead, apparently, to “confusion for customers and a broader interpretation than intended”.

Any permission to be in the UK that would usually be granted for 12 months or less, and where switching onto another route is generally not allowed from within the UK, do not count towards time lawfully and continuously resident in the UK:

“(b) “lawful residence” means residence which is continuous residence pursuant to:
(i) existing leave to enter or remain, except this cannot include time with entry clearance or permission under Appendix V: Visitor, Appendix Short-term Student (English language), or Appendix Temporary work – Seasonal Worker; or
(ii) an exemption from immigration control, including where an exemption ceases to apply if it is immediately followed by a grant of leave to enter or remain.
(c) “lawful residence” does not include time spent on immigration bail.”

This re-enforces the expectation that an individual should leave the UK at the end of a short stay. Non-visa nationals who enter the UK through e-gates for more long term visas might also need to make sure that they enter on or after the date their visa is valid from, rather than entering as a visitor shortly before the start date on their visa, just because they can.

However, an individual who has spent time on any of these short-term visas and is then granted permission to stay in the UK on another basis may be able to qualify for long residence, but they will need to wait longer.


Please tell me somebody? When these changes effect? because HO exclude people on Immigration bail or Temporary admission for 10 years long residence.

Changes to the Long Residence rules

7.65 The current definition of what constitutes lawful residence in the long residence rules is not clear, and this has led to confusion for customers and a broader interpretation than intended. These changes will make the definition easier to understand and better represent the purpose of the long residence route.

7.66 The rules are changing to not allow any period on immigration bail to count towards the qualifying period for long residence in any circumstances. This creates a simple expectation that people cannot count time with precarious status towards settlement on the basis of long residence.

7.67 The changes will also not allow time as a visitor, short-term student and on the seasonal worker routes to count towards long residence. This makes it clear that time spent on a route which both allows for a maximum grant of permission of 12 months, and where switching is generally not allowed (so there is the strongest possible expectation that the person will leave the UK at the end of a short stay), cannot count towards settlement on the basis of long residence.

7.68 A person who has spent a period of time on immigration bail or as a visitor (or other temporary permission) who is later granted permission on another basis will still be able to qualify for long residence settlement, but they will need to wait longer to do so.

munirabid wrote: ↑

Fri Mar 10, 2023 8:46 pm

Thanks zimba
If someone apply before 12 April 2023 for ILR in the base of Temporary admission , can still home office consider them according to old rules?

Please Zimba clarify

•If the period/window of absence started before 11 April 2024, then the old rules apply (as per the transitional arrangements). So no single continuous absence period of more than 184 days or more. Also, your absences should not be more than 548 days in total.

• For any period/window of absence started after 11 April 2024, the 184 day rolling calculation applies. So you count the number of days you have been absent in ANY 365 day period and they should not exceed 184 days in total. There is no 548 days limit.

The applicant must also have had permission on their current immigration route for at least 12 months on the date of application or have been exempt from immigration control within the 12 months immediately before the date of application. This requirement does not apply where the applicant’s current permission was granted before 11 April 2024.

Paragraph CR 6.1. of Appendix Continuous Residence sets out that the continuous residence periods will be calculated by counting back from the relevant date. This means that an applicant cannot rely on a historic 10-year qualifying period, outside of the limits defined in CR 6.1.