10 Year ILR Qualifying Period/Earliest Application

[liamauyong]

Hello all and thanks in advance, below is the summary that I am trying to get clarity on when is the soonest date I can apply for the 10 year long residency ILR (continuous residence requirement is fulfilled for me) given recent changes:

First entry into the U.K. was on a Tier 4 general student visa, date of visa issue 11 September 2015. I physically entered the U.K. on 29 September 2015 on a vignette that was valid from 22 September 2015. Which of these 3 dates mark the start of my 10 year qualifying period? I understand that I can apply up to 28 days before this date. I want to apply as early as possible so obviously the earliest date is better but I want to be sure when qualifying period begins.

Thanks again.

[zimba]

The earliest date of your ILR eligibility is (11 September 2015 + 10 years - 28 days)

The date of the application is not critical.

Read: Applicants can benefit from the date of the ILR decision

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

[liamauyong]

Thanks for your swift reply, I have read and totally understand how the dates are 'counted backwards' based on whichever is most beneficial to the applicant. But where in the guidance/appendix does it explicitly say even for 10 year ILR applications whereby the initial visa of entry is a student visa (as is mine) - the date of visa issuance counts as the beginning of the qualifying period? I understand that this aligned with a change made in April 2024 where before the qualifying period for 10 year ILR only started upon physical entry in the U.K., but I struggle to find the guidance that makes this change explicit.

[zimba]

Because since the rules changes, the provisions under the Immigration Rules Appendix Continuous Residence apply to the long residence route too.

Counting the continuous residence period
Where a person is applying for settlement as soon as they qualify you will need to
calculate their period of continuous residence. See Check immigration history
section of this guidance on how to calculate the period of continuous residence.

In these instances, you must establish the date the applicant was granted entry
clearance. The time between the grant of entry clearance and the date of arrival is a
period during which they had permission on that route and should be treated as a
period of lawful residence. In these instances, you must establish the date the
applicant entered the UK. The time between the grant of entry clearance and the
date they entered the UK counts towards the total of absences.

https://assets.publishing.service.gov.u ... ce__1_.pdf

[Mazimbamutu]

Hi Zimba,

So sorry to hop on this thread but I note that you have referenced the Appendix Continuous Residence 2024 caseworker guidance when there is a 2025 set of guidance which, on its face, does not appear to have this provision. Does it matter please?

It does not matter, as that has always been the case for years under the rules for all the routes (except for a few routes like the long residence or the family route). All that has happened is that the long residence qualifying period now follows the same rules.