Absences and continuous residence in ILR applications
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What is continuous residence
The requirement of continuous lawful residence defines how much time you can spend outside the UK without breaking the continuity of your residence or the qualifying period for indefinite leave to remain.
The simple rule of thumb is that you shouldn’t be outside the UK for more than 180 days in any 12 month period.
There are some nuances and exceptions specific to different immigration routes.
When absences matter
Continuous residence is a requirement in applications for indefinite leave to remain in the following routes:
- Skilled Worker
- Scale-up worker
- UK ancestry
- Global Talent
- Innovator Founder
- Private Life
- Long residence
- EU settlement scheme
This means that to make a successful application for indefinite leave to remain you have to show that during the qualifying period you haven’t been out of the UK for more than permitted periods of time.
Depending on your immigration route, the qualifying period may be 5 years (as for EU nationals with pre-settled status, skilled workers and scale-up workers and their dependents, and dependents of Global Talent and Innovator visa holders), 3 years (for Global talent and Innovator visa holders) or 10 years (family life 10-year route, private life visa holders or long residence applicants), or even 20 years for applicants for permission to stay under the private life route who do not have a valid visa at the time of applying.
Permissible absences also depend on the immigration route and the date of absences.
Generally, you should not be out of the UK for more than 180 days in any 12-month period. Some absences may be disregarded, depending on the specific immigration route.
For applicants under the Long Residence route, the restriction is 184 days at any one time for absences started before 11 April 2024, and cumulative absences before 11 April 2024 should not exceed 548 days.
Generally, requirements related to absences are set out in the Immigration Rules, Appendix Continuous Residence, and in the part of the Immigration Rules dealing with the specific immigration route you are relying on.
In most cases, where continuous residence requirements are met, absences are not exceed. However, there are exceptions to this rule and continuity of residence may be broken even if the absence allowance is not breached.
It should be emphasised, with the exception of application for permission to remain in the UK on the basis of Long Residence, continuous residence requirement only applies in applications for Indefinite Leave to Remain.
If you do not meet the continuous residence requirement, you can still apply for permission to remain in your current immigration category or switch to another category.
How continuous residence is assessed
Generally, you should not be outside the UK for more than 180 days in any 12 months.
There are rules related to absences which are to be disregarded.
When assessing absences of dependent partners, where the main applicant’s absences fall under one of the allowed categories, the same concession applies for the dependent partner.
Where you made an unsuccessful application for permission to stay and subsequently made a successful in-country application, the period of stay without permission does not break continuity of your residence.
If you left the country while your visa was valid and applied for entry clearance within 14 days of its expiry, continuity of your residence is not broken.
Disregarded absences
Where the applicant was assisting with a national or international humanitarian or environmental crisis overseas, their absence is to be disregarded.
Absences from the UK due to the pandemic or a natural disaster are disregarded. And so are absences due to compelling and compassionate personal circumstances, such as life-threatening illness or death of a close family member.
Also disregarded are absences for research activity by Skilled Workers sponsored for a job in one of the following occupation codes:
2111 Chemical scientists
2112 Biological scientists and biochemists
2113 Physical scientists
2114 Social and humanities scientists
2119 Natural and social science professionals not elsewhere classified
2150 Research and development managers
2311 Higher education teaching professionals
if such absences were approved by the sponsor.
Absences for research activities by holders of the Global Talent visa in Research or Academia do not count toward the 180 day limit.
Absences for research activities (but not for other projects or engagements) are disregarded for the Global Talent visa holders if they qualified as winners of Prestigious Prizes.
If you are applying for settlement under Appendix Settlement Family Life (on completing 10 years as a partner or parent under Appendix FM) absences before 20 June 2022 do not count. Absences after this date may be disregarded if they are for work, study or supporting family overseas and you maintain your main home and family life in the UK.
Continuous residence is not interrupted if the applicant’s partner is a member of HM Forces, an an employee of the UK Government, or a permanent member of the British Council and the applicant accompanies them overseas.
Time spent lawfully in the Channel Islands or Isle of Man is treated as time spent in the UK provided the most recent grant of visa or permission to stay was in the UK.
Continuous Residence in Long Residence applications
If you are applying for indefinite leave to remain, or further leave to remain, on the basis of 10-year long residence in the UK, continuous residence is assessed in this way:
You shouldn’t have spent more than 548 days in the UK during the qualifying period before 11 April 2024; after 11 April 2024 you shouldn’t be outside the UK for more than 184 days in any one time.
Continuous residence is not the same as qualifying time spent in the UK. Some periods of time during your continuous residence may be disregarded when calculating the qualifying period and you may have to top up your continuous residence with additional time in the UK.
For example, if you left the UK with a valid visa which expired while you were abroad and you applied for a new visa and returned to the UK within 6 months, continuity of your residence was not interrupted, but the time you spent outside the UK without a visa does not count towards the qualifying period and you have to compensate it with additional time in the UK, on top of the 10 years of continuous residence.
EU Settlement scheme
From 16 July 2025, EU Settlement scheme allows up to 30 months of absences in the 60 months period before the application for a settled status.
Source: Statement of Changes HS 836
Continuous residence under Appendix FM – 5-year partner or parent route
Continuous residence requirement does not apply to partners of UK citizens who have completed the qualifying five-year residence period.
These applicants have to demonstrate intention to live permanently in the UK and their past absences are weighted in this assessment. It is always advisable to explain the reasons for any prolonged absences exceeding six months. It is unlikely that the Home Office would refuse the application for ILR on the basis of extended absences but this may happen if the Home Office decides that you are not living in the UK but only occasionally visiting the country.
The Home Office caseworker guidance reads: “If the applicant, their partner, or both have spent the majority of the 60-month period overseas, there may be reason to doubt that the couple intend to live together permanently in the UK. Each case must be judged on its merits, considering reasons for travel, length of absence and whether the applicant and partner travelled and lived together during the time spent outside the UK. These factors will need to be considered against the requirements of the rules.” Source: Settlement and Private Life, Caseworker Guidance
Continuous residence for dependants of other migrants
Dependent partner of a Skilled Worker or Scale-Up Worker has to meet continuous residence requirement during the five years with permission to remain as a dependent of the main visa holder. There is no continuous residence requirement for children. However, the child will be only eligible to apply for indefinite leave to remain when the second parent qualifies, unless the child was born in the UK.
Dependants of UK ancestry visa holders and of representatives of an overseas business do not have to meet the continuous residence requirement and can apply for ILR at the same time as the main applicant.
You cannot make an application as a dependent of a person applying for indefinite leave to remain under the Long Residence rule.
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Last updated on July 27, 2025
Last updated on July 27, 2025