Long Residence Rules Change From 12 April 2023

The immigration rules provide for an option of applying for indefinite leave to remain after completing 10 years of continuous lawful residence. At present, any type of permission to stay counts as lawful residence, whether or not the permission is in a temporary category or in a long-term immigration route leading to settlement.

On 12 April 2023 this rule will change to exclude from the definition of lawful residence temporary immigration categories, such as visitor visa, short term student visa and temporary admission granted while an application for asylum or humanitarian protection is under consideration.

The amendment will come into force with a retrospective effect – in other words, applications made before 13 April will be decided under the current rules and applications made after 12 of April will be decided under the new rules even if the periods of residence under consideration were before 12 April 2023.