Home Office caseworker guidance, version 26.0 of 8 October 2026, says when a long residence application is varied to an Appendix FM or Appendix Private Life permission to stay application.
Key facts
- Who: People applying for settlement or permission to stay on the Long Residence route
- From: 8 October 2026
- Source: Long residence (accessible)
Version 26.0 of the guidance was published for Home Office staff on 8 October 2026.
The guidance has been updated to reflect when a Long Residence Permission to Stay application is to be varied to an Appendix FM or Appendix Private Life Permission to Stay application. The published text of the source does not set out the amended wording in full, so this item covers the variation provisions that appear in it for settlement applications.
Under paragraph LR 15.2 of Appendix Long Residence, an application for settlement can be varied to one for permission to stay if the applicant does not meet all the suitability and eligibility requirements for settlement. The caseworker must first consider the applicant under the permission to stay requirements for long residence, and grant under Appendix Long Residence if they are met.
If the applicant does not meet those requirements, the caseworker may consider them under Appendix Private Life, or as a partner, parent or child under Appendix FM (family life). If those requirements are met, permission is granted under the relevant appendix.
Where an application is varied:
- there is no additional application fee for the permission to stay application, and the settlement application fee is not refunded
- the caseworker contacts the applicant to explain the variation and to ask them to pay any required Immigration Health Surcharge (IHS) or apply for a waiver
The applicant has 14 days to pay the IHS or apply for a waiver. If they do neither within 14 days, the application is rejected as invalid and the fee is not refunded. If a waiver application is made in time but refused, the applicant is notified that they are required to pay any required IHS within 10 working days, and failure to do so results in the application being rejected as invalid.
If the applicant meets the requirements for neither settlement nor permission to stay, the application is refused under paragraph LR 15.7. The guidance says caseworkers should consider whether to grant leave outside the rules, and must also check whether permission should be granted under the discretionary leave policy.
The route itself requires 10 years of continuous lawful residence. The guidance states there is no provision in the Immigration Rules for dependants to be included in a long residence application.
What this means for applicants
An applicant for long residence settlement who does not meet all the settlement requirements may have the application varied to one for permission to stay. No additional application fee is charged for the permission to stay application, but the settlement fee is not refunded.
If the application is varied, the applicant has 14 days to pay any required IHS or apply for a waiver. If neither is done within that time, the application is rejected as invalid and the fee is not refunded. If a waiver application is refused, payment of any required IHS is due within 10 working days, or the application is rejected as invalid.
Related guide
Sources
- Long residence (accessible), UK Visas and Immigration, version 26.0, updated 8 October 2026
- Long residence: caseworker guidance, GOV.UK publication page