ARTICLE
6 September 2024

Long Residence Rules – Are The New Residence Rules Applicable To Me?

G
Gherson

Contributor

Founded in 1988 by Roger Gherson, Gherson Solicitors LLP was first established as a boutique immigration law firm based in London. Now servicing clients across all areas of immigration, international protection and human rights, white collar crime, sanctions, and civil litigation and arbitration, Gherson LLP’s offices continue to expand across Europe.

With over 35 years of experience, Gherson’s expertise extends from meeting the migration needs of international business people and UK-based companies to litigation in all UK jurisdictions and the European Court of Human Rights and the European Court of Justice.

The UK government made significant changes to the Long Residence Immigration Rules on 11 April 2024. Notably, the 548-day absence limit remains for periods before this date, while a new 180-day limit applies thereafter. Additionally, applicants must have held their current leave for at least 12 months, potentially disadvantaging students seeking settlement.
United Kingdom Immigration

If you have been residing in the UK continuously for 10 years, you may be eligible for settlement, subject to your absences from the UK and the visas you have held during the relevant 10-year period.

On 11 April 2024, we saw the government make significant changes to the Long Residence Immigration Rules. Whilst the new Rules were introduced, there was perplexity surrounding the absence limit and whether the 548-day Rule had been eradicated altogether. The wording in the Guidance policy stated that there would be "no 548-day limit" contradicting the amendment to the Rules. The Government finally released an amended Guidance for clarity on 9 July 2024, unfavourably asserting that the 548-day limit and any single absence of 184 days would continue to apply to any period you are relying on prior to 11 April 2024, and the new Rule of no more than 180 days of absence will apply to any relevant period on or after 11 April 2024.

The new Rules also introduced a provision that the applicant's existing leave at the time of application must have been held for at least 12 months, thus potentially putting Students at a further disadvantage for perspectives of settlement in the UK.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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