All valid applications for further leave to remain will be considered, even if the applicant has not yet completed the necessary qualifying period for settlement. The long residence rules require an applicant to have had continuous residence in the UK for either 10 or 14 years before they qualify for settlement. If an applicant applies for settlement before they have completed this period of leave, they will not meet the requirements of long residence.

An application for settlement which is considered by caseworkers more than 28 days before the applicant completes the required qualifying period for long residence should be refused on the basis that they have not completed the required period of leave in the UK. If the application is considered 28 days or less before the 10/14 years is completed and the applicant meets all the other criteria, ILR may be granted.

The Home Office caseworker will fully consider the case and cite any other reasons for refusal in addition to the applicant not having spent enough time in the UK to have completed the qualifying period (i.e. all breaks in continuous residence for 14 years cases and continuous lawful residence for 10 years cases).

An applicant refused under the long residence rules due to submitting their application too early can be considered for a grant of ILR if they re-apply once they have completed their qualifying period or up to 28 days prior to this.