10-year ILR explainer · reviewed 17 August 2026
10-year ILR: Long Residence is not a future earned-settlement proposal
A search for “10-year ILR” can refer to two very different things. Long Residence is an existing Immigration Rules route based on a qualifying history of lawful, continuous residence. Earned Settlement is a proposed future reform discussed in a Home Office consultation. They should never be treated as interchangeable: one is current route law, the other is not a present calculator of rights.
Status table
| Subject | Status on 17 August 2026 | Check |
|---|---|---|
| Long Residence | In force | Appendix Long Residence, current permission and continuous residence. |
| Absence rules | In force with date-sensitive provisions | Appendix Continuous Residence and travel dates. |
| Earned Settlement ten-year model | Closed consultation / proposal | Do not calculate it as current law. |
| Final route coverage/transitions | Unconfirmed | Wait for operative Rules and commencement wording. |
Long Residence: current route, not a slogan
The GOV.UK eligibility guidance says a person generally needs ten years of lawful residence without gaps and current permission. Time can include most immigration categories and combinations, but not every period in the UK counts: visitors, Short-term Students, Seasonal Workers, Ukraine schemes, immigration bail and certain other periods are excluded. A switch of visa does not automatically ruin a Long Residence case, but it also does not remove the need to examine every grant and any gap.
Continuous residence requires exact dates. The ordinary rule is normally no more than 180 days outside the UK in any rolling 12-month period. For absences that began before 11 April 2024, Long Residence retains special limits: more than 184 days at one time, and the historic total of more than 548 days where reached before 11 April 2024, can break continuity. A travel calendar should include all departures, returns and evidence. Do not use a financial year, a rough holiday count or a future-policy proposal to assess it.
Other requirements can still matter, including English and Life in the UK for applicants aged 18 to 65 unless an exemption applies, application validity and suitability. Long Residence is not automatic on the tenth anniversary. Read the current appendix and official guidance before choosing a filing date.
Earned Settlement: what is proposed and what is not
The Earned Settlement consultation, published on 20 November 2025 and closed on 12 February 2026, proposed a standard ten-year qualifying period with possible reductions linked to contribution and integration. At the review date it remains a consultation proposal. It does not amend Appendix Long Residence, create contribution credits that can be used today, or prove that existing five-year routes now require ten years.
The consultation says EUSS settled status, Windrush settlement grants and people who already hold settlement are out of scope. For others, final scope, start date, treatment of accrued time, evidence and transitional arrangements are unconfirmed. It is unsafe to state that everybody will be protected, or that everyone will be moved to a ten-year baseline, until binding rule text identifies the cohort.
Timeline
| Date | Event | Status |
|---|---|---|
| Before 11 April 2024 | Earlier Long Residence absence periods can engage legacy limits. | In-force transition rule. |
| 11 April 2024 | Newer rolling 180-day absence approach applies to later absences. | In force. |
| 20 November 2025 | Earned Settlement consultation published. | Proposal. |
| 12 February 2026 | Consultation closed. | Not implementation. |
| 17 August 2026 | This review. | Use current Long Residence Rules. |
Route impact
| Your position | Current action | Do not assume |
|---|---|---|
| Nearly ten lawful years | Audit every grant, gap and trip under Long Residence. | Future contribution tests alter the existing route. |
| Five-year work/family route | Test its own appendix and earliest date. | A generic ten-year headline resets the route. |
| EUSS / ILR holder | Use current status evidence. | Out-of-scope wording needs speculation. |
| Complex history | Obtain regulated advice with dated documents. | A calculator can resolve legal gaps alone. |
Worked scenarios
Priya: nine years and eight months over several lawful categories. She should collect grant notices and an exact absence table. If the categories count and continuity is intact, Long Residence may be relevant when ten years completes; switching categories does not by itself answer the case. Earned Settlement cannot shorten or recast the current test.
Daniel: a 190-day trip starting in March 2024. The start date puts it in the pre-11 April 2024 regime, so the historic individual limit may matter. He needs a careful, evidence-based assessment rather than a generic 180-day rule.
Hannah: five years as a Skilled Worker. She should use Appendix Skilled Worker, not Long Residence, to assess settlement today. A consultation proposal is not a reason to add five years to her current qualifying period.
What to do now
- Create a chronological list of all UK permission, applications and expiry dates.
- Record each absence using exact departure and return dates.
- Identify excluded categories and any apparent gaps.
- Check English, Life in the UK, validity and suitability early.
- Use GOV.UK primary sources and monitor a formal Statement of Changes.
- Seek regulated advice where absences, overstaying, refusals or date calculations are close.
Common misinformation
- “Long Residence is just earned settlement under another name” — false.
- “All time physically in the UK counts” — false.
- “The 548-day total applies to every trip” — false; date-sensitive provisions apply.
- “The consultation has abolished five-year routes” — false at this review date.
- “A future policy gives a guaranteed qualifying date” — unconfirmed.
FAQ
Does a visa switch always reset Long Residence?
Not necessarily. The full lawful-residence and continuity history must be examined.
Are absence rules identical under earned settlement?
No final earned-settlement rule exists to compare; do not assume it inherits Long Residence limits.
Can I apply exactly on ten years?
Only after checking the current validity and qualifying-period provisions for your facts.
Reviewed 17 August 2026. Primary sources: Long Residence eligibility; Appendix Long Residence; Appendix Continuous Residence; Earned Settlement consultation.