Successful Long Residence Appeal Granted
In January 2026, our team successfully secured a positive appeal decision under the Long Residence route, following a Home Office refusal and subsequent proceedings before the First-tier Tribunal (Immigration and Asylum Chamber). The appeal was allowed. This case represents a significant achievement, particularly given the high threshold for discretion-based long residence applications and the complexity of challenging refusals before the Tribunal.
Background of the Application
The applicant had lived in the UK for over 10 years, holding multiple lawful immigration statuses throughout this period. In April 2024, an application for Indefinite Leave to Remain (ILR) was submitted under the Long Residence route.
However, the case involved substantial absences from the UK, exceeding the standard limits usually accepted under the Immigration Rules. While the Rules currently allow up to 548 days of absences over a 10-year period, this application relied primarily on the exercise of discretion, due to the nature and circumstances of the absences.
Nature of the Absences
The applicant’s absences were fully documented and explained, and fell into two clearly defined categories:
- Over 300 days spent outside the UK for essential medical treatment, relating to serious medical conditions for which treatment was not reasonably accessible in the UK.
- Over 200 days of absence attributable to COVID-19 travel restrictions, during a period when international travel was severely disrupted.
Home Office Refusal
Despite the extensive evidence submitted, the Home Office issued a refusal decision, stating that the evidence was not considered sufficiently compelling to justify the exercise of discretion under the Long Residence provisions.
Appeal Proceedings
Following the refusal, an appeal was lodged to the First-tier Tribunal (Immigration and Asylum Chamber). The case was carefully prepared, with a strong focus on:
- The medical necessity of the absences
- The exceptional and unavoidable nature of COVID-related travel disruption,
- The proportionality and fairness of refusing a settlement in light of the evidence.
Tribunal Decision
After more than a year of waiting and proceedings, in January 2026, the Tribunal allowed the appeal, finding that the Home Office had failed to properly assess the evidence and that the circumstances did justify the exercise of discretion under the Long Residence route.
This outcome is particularly notable given the inherent difficulty of succeeding in Long Residence appeals, especially where the case involves both excess absences and a reliance on the exercise of discretion.
Teamwork and Strategy
This case was jointly led by our team, Alexandra Mokrova and Nelli Tesis, and supported by Josephine Smith as well as barrister Julian Norman. This success reflects a coordinated approach, careful legal analysis, and persistence at every procedural stage.
This decision confirms that even in complex Long Residence cases involving extensive absences, positive outcomes are achievable where the facts are compelling and the case is argued effectively, although it is important to note that the appeal process can be lengthy, during which time the applicant is unable to leave the UK and remains subject to the conditions of their previous leave.
