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Includes people under the EEA regulations.
Related: Appendix FM 1.0b: family life (as a partner or parent) and private life: 10-year routes.Early applications
This page tells you what you must do if you receive an application for indefinite leave on the basis of long residence before an applicant has completed their period of 10 years qualifying leave.
You must consider all valid applications, even if the applicant has not yet completed the necessary qualifying period for indefinite leave. The long residence rule requires applicants to have at least 10 years continuous residence in the UK before they can qualify for indefinite leave.
Applications being considered more than 28 days before the required qualifying period is completed
If you are considering an application more than 28 days before the applicant completes the required qualifying period for long residence you must refuse. This is because the applicant has not completed the required period of leave in the UK.
You must fully consider the case and mention any other reasons for refusal in addition to the applicant not spending enough time in the UK to complete the qualifying period. For example, all breaks in continuous residence.
Applicants who are refused under the long residence rules due to them submitting their application too early can re-apply once they have completed their qualifying leave or up to 28 days before this.
Applications being considered 28 days or less before the required qualifying period is completed
You can grant an application if it is considered 28 days or less before the applicant completes the required qualifying period, provided they meet all the other rules for long residence.