LONG RESIDENCE INDEFINITE LEAVE TO REMAIN FOR SWISS (AND NON-SWISS) CITIZENS

The Long Residence route is open to Swiss Citizens (and non-Swiss Citizens) who have lived continuously and lawfully in the United Kingdom for 10 years or more. This path leads to a grant of indefinite leave to remain (ILR) in the UK.

Eligibility for Long Residence ILR by Swiss Citizens (and non-Swiss Citizens) in the UK

To qualify for ILR under the Long Residence route, Swiss Citizens (and non-Swiss. Citizen) residing in the UK must meet specific criteria:

• Residence in the UK: You must be physically present in the UK on the application date.

• 10-Year Qualifying Period: You must have spent a continuous and lawful period of 10 years in the UK, during which:

  • You held valid permission to stay, excluding Visitor, Short-term Student (English language), or Seasonal Worker permissions.

  • You were exempt from immigration control.

  • You were in the UK as an EEA national, or a family member of an EEA national, exercising free movement rights before 31 December 2020 (and until 30 June 2021 or the final determination of an application under Appendix EU made by that date).

• Current Permission Requirement (Post-11 April 2024): If your current permission was granted on or after 11 April 2024, you must have held it for at least 12 months or have been exempt from immigration control in the 12 months immediately preceding the application date.

• Continuous Residence: You must have continuously resided in the UK for 10 years without significant breaks.

• English Language Proficiency: You must demonstrate English language ability at CEFR Level B1 (unless exempt).

• Life in the UK Test: You must pass the Life in the UK test (unless exempt).

• Compliance with Immigration Laws: You must not be in breach of immigration laws or on immigration bail.

• General Grounds for Refusal: Your application must not fall under the general grounds for refusal.

The exact requirements you need to satisfy may vary based on your personal circumstances. You may wish to consult a specialist UK immigration lawyer for expert advice.

Continuous Residence Requirement for Swiss Nationals (and non-Swiss Nationals) Living in the UK

Continuous residence requires you to have lived in the UK for 10 years without significant breaks. Absences are regulated as follows:

• Absences Before 11 April 2024: Consider the part of your 10-year qualifying period before 11 April 2024. During this time, you must not have been outside the UK for more than 184 days (6 months) on any single occasion (without a permitted reason) and must not have spent more than 548 days (18 months) outside the UK in total;

• Absences After 11 April 2024: For the part of your 10-year qualifying period from 11 April 2024 onwards, you must not have been outside the UK for more than 180 days in any rolling 12-month period (without a permitted reason). The 548-day rule does not apply to this period.

• Absences Spanning 11 April 2024: If you had a single absence that started before and ended after 11 April 2024, it must not exceed 184 days (6 months). Additionally, any part of this absence before 11 April 2024 will be included in the total calculation to ensure your absences before this date do not exceed 548 days. After 11 April 2024, the 548-day total absence rule no longer applies.

Permitted reasons for exceeding these limits include travel disruptions due to natural disasters, military conflicts, pandemics, or compelling personal circumstances, such as a life-threatening illness of the applicant or a close family member.

Long Residence ILR Application Process and Fees for Individuals from Switzerland

The Home Office fee for a Long Residence ILR application is £2,885. Additional fees apply for the Super Priority Service, which offers a decision by the next working day.

Processing Time

Standard processing time for Long Residence ILR applications is up to 6 months. The Super Priority Service expedites this to the next working day.

Duration of ILR

Once granted, ILR status frees you from immigration time restrictions. You will maintain ILR unless absent from the UK for over two years or if you commit a serious criminal offence.

Right of Appeal

If refused, your application is considered a human rights claim, granting you the right to appeal to the First-tier Tribunal.

How Our UK Immigration Lawyers In Switzerland Can Help

Our immigration lawyers provide expert guidance on Long Residence ILR applications, including:

• Advising on eligibility and the requirements of the Immigration Rules.

• Assessing your prospects of qualifying for ILR.

• Assisting with the preparation and submission of your application.

• Representing you in appeals, if necessary.

We are dedicated to offering clear and reliable immigration advice as part of a professional and friendly service. Contact our Long Residence Settlement lawyers at +41 21 588 07 70 or complete our enquiry form to discuss your application.