Note: We have changed the name of the client for privacy reasons as “Mr. C”.
Mr. C first arrived in the UK in August 2009. Over time, he built a steady life here. When he later asked us to prepare his 10 year Indefinite Leave to Remain application, we expected a straightforward process. After all, he had been here for more than a decade. But the long residence rules had changed, and parts of his history did not count anymore. That shift created a serious obstacle and turned his case into one of the most challenging long residence matters we handled that year.
Before explaining how we secured a positive result, it helps to look at how 10 year ILR works and why the changes were so important.
Table of Contents
What is 10 Year ILR
The 10 Year ILR route allows individuals to settle in the UK once they complete 10 continuous and lawful years under qualifying visas.
A successful ILR grant gives you the freedom to:
- Live in the UK without time limits
- Work in any profession
- Study without restrictions
- Access public services based on standard rules
What Counts as Lawful Residence
Most visa categories count. A few do not.
The periods that usually do not qualify include:
- Visitor visas
- Short term student visas
- Any overstaying unless protected by specific provisions
Applicants must also pass:
- The Life in the UK Test
- An approved English language test unless exempt
Our Client’s Immigration History
Mr. C had two clear periods of lawful residence:
- August 2009 to 5 July 2016
- About 6 years and 10 months
- October 2021 to February 2025
- About 3 years and 3 months
Between July 2016 and October 2021, he held section 3C leave. This protected his status while he awaited a Home Office decision. It kept him lawful for general immigration purposes, but it did not count as lawful residence for long residence ILR under the rules that applied to his case.
So even though Mr. C had lived in the UK for more than 10 years overall, the long residence calculation did not recognise parts of his history. This is where the problem began.
How the April 2024 Rule Change Affected 10 Year ILR
In April 2024, the Home Office tightened the long residence rules. Decision makers now look back 10 years from whichever of these dates helps the applicant the most:
- The date of the ILR application
- Any date up to 28 days after the application
- The date of decision
- For UK Ancestry applicants only, the date of their last grant
What this change means
Older periods of lawful residence that fall outside this 10 year window cannot be counted. Applicants must show a full 10 qualifying years within this backwards looking period. For many, this rule has made long residence applications much harder.
Why This Rule Change Created a Problem
When we applied the new rules to Mr. C’s history, he could not reach 10 full years of qualifying residence. His section 3C leave did not count toward long residence.
Inside the 10 year window, he only had:
- 6 May 2015 to 5 July 2016, and
- 26 October 2021 to 6 May 2025
Together, this came to roughly 4 years and 8 months. Far below the 10 required years.
Although he had been here continuously since 2009, the revised rules prevented him from relying on earlier periods of lawful stay. This placed his case firmly in the high risk category.
What We Did to Challenge the Result
We first prepared the ILR application with complete evidence and a detailed legal cover letter. As expected, the Home Office refused it under the new rules.
We did not stop there.
Our Legal Strategy
We filed a Pre-Action Protocol challenge and put forward strong arguments showing why the refusal was unfair. We highlighted that:
- Mr. C had lived in the UK since 2009 without breaks
- He had strong family and private life ties
- He had always complied with immigration requirements
- He had consistent tax and employment records
- His life and future were rooted in the UK
We also stressed that applying the revised rule to someone with such deep ties created a disproportionate impact.
The Result
After reviewing our challenge, the Home Office overturned the refusal. Mr. C was granted ILR outside the Immigration Rules because of the exceptional circumstances of his case.
This outcome was rare. It required precise preparation, strong legal reasoning, and a clear understanding of how discretion can be applied in complex long residence matters.
Common Risks in 10 Year ILR Applications
Many applicants face similar issues, such as:
- Gaps in lawful residence
- Periods of section 3C leave
- Late applications or refusals
- Miscalculating the qualifying period
- Confusion about which visas count
There is also a trade off. Waiting to complete 10 qualifying years may weaken your ability to rely on older periods. But applying too early risks a refusal. The calculation must be done with care.
FAQs About 10 Year ILR
Does Section 3C Leave Count Toward 10 Year ILR?
Not always. It depends on the case and the rules in force. In many situations, section 3C does not count toward long residence.
Can Older Years of Lawful Stay Still Help?
Not under the April 2024 rules. The Home Office counts back only 10 years from the favourable dates in the rules.
What if I Fall Short of the 10 Years?
Some applicants may have alternative options. In rare cases, discretion can apply. It is important not to rely on this without proper legal advice.
How A Y & J Solicitors Can Help
10 Year ILR is highly technical. Even a small error in calculating lawful residence can lead to a refusal. Our team specialises in identifying risks early, guiding clients with clarity, and building strong applications that anticipate Home Office concerns.
If your case involves gaps, section 3C leave, overstaying, previous refusals, or complex long residence issues, we can assess your position and provide clear direction.
Ready to Move Forward?
Book a consultation today. A strategic review can make the difference between an approval and a refusal.
