New amendments to the ILR under the 10-year long residence from 12 April 2023

The current definition of what constitutes lawful residence in the UK under the long residency rules is unclear and this has lead, apparently, to “confusion for customers and a broader interpretation than intended”.

Since 12 April 2023 the time spent on the following visa categories shall not count towards time lawfully and continuously resident in the UK:

• Visitor visa
• Short-term student visa
• Seasonal worker visa
• time spent on immigration bail, and
• time spent on temporary admission granted while an application for asylum or humanitarian protection is under consideration

The amendment will come into force with a retrospective effect – in other words, applications submitted before April 13 will be considered in accordance with the current rules, and applications submitted after April 12 will be considered in accordance with the new rules, even if the residence periods in question were before 12 April 2023.