LS Legal News Bulletin
Long Residence ILR: Visitors and Short-Term Students are now excluded
Tuesday 13th June 2023
We would like to inform you about the recent modifications made to the UK's lawful residence status, effective from the 12th of April 2023. This alteration excluded temporary immigration categories, such as visitor visas, short-term student visas, and temporary admission. Additionally, the government is contemplating excluding an application for asylum or humanitarian protection from the concept of legitimate residency.
It is critical to note that the change will have a retroactive effect. This means that applications submitted after the 13th of April 2023 will be processed according to the new rules, even if the residence periods began before the 12th of April 2023.
For those individuals who have already lived in the UK for ten years but have not applied for Indefinite Leave to Remain, this move will be significant. If you think you might not qualify for Indefinite Leave to Remain under the new long residence provision, we recommend consulting with an immigration solicitor to ensure that you have your immigration roadmap to ILR updated.
It is unlikely for visitors to accrue ten years of legal residence in the UK through frequent visits, as they are not expected to be in the country for more than 180 days in a single year. However, visits could bridge the gap between two long-term visas in the context of continuous residence.
We strongly advise you to be aware and take action if you believe that the new rules will impact you. If you require any assistance or guidance, we are here to help.
