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When Absences Matter
Continuous residence is required for Indefinite Leave to Remain (ILR) applications under these routes:
Skilled Worker
Scale-up Worker
UK Ancestry
Global Talent
Innovator Founder
Private Life
Long Residence
To qualify for ILR, you must show you haven’t exceeded permitted absences during the qualifying period, which varies by route:
5 years for Skilled Worker, Scale-up Worker, and dependents of Global Talent and Innovator visa holders
3 years for some Global Talent and Innovator routes
10 years for Private Life and Long Residence
Generally, absences should not exceed 180 days in any 12-month period. Some absences may be disregarded depending on the route.
For Long Residence applicants, absences before 11 April 2024 must not exceed 184 days at once or 548 days cumulatively.
These rules are detailed in the Immigration Rules, Appendix Continuous Residence, and route-specific sections.
Note that continuity can be broken even if absence limits are met. Except for Long Residence, continuous residence is only required for ILR applications. If you don’t meet the requirement, you may still apply to remain or switch visas within your current category.
For expert advice on continuous residence and ILR applications, contact ZAR Immigration.
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What Is Continuous Residence?
Continuous residence means living lawfully in the UK for a required period without long absences or gaps in immigration permission.
It can be broken by:
Spending too much time outside the UK during the qualifying period (usually more than 180 days in any 12-month period).
Periods in the UK without valid immigration permission.
Delays in applying to extend your visa or re-enter the UK.
The qualifying period is usually counted backwards from the date of your application.
How Continuous Residence Is Assessed
To maintain continuous residence, you must generally not be outside the UK for more than 180 days in any 12-month period during the qualifying period.
Key points:
Certain absences may be disregarded, depending on the immigration route and reason for absence.
For dependent partners, the same absence concessions apply if the main applicant’s absences are within permitted limits.
If you made an unsuccessful application but later succeeded with an in-country application, any gap in permission may not break continuity.
If you left the UK with valid leave and applied for re-entry within 14 days of visa expiry, your continuous residence is considered unbroken.
These rules are applied in line with Appendix Continuous Residence and the specific route’s requirements.
Disregarded Absences in ILR Applications
The following absences are disregarded:
Humanitarian or Environmental Crises
Absences while assisting in national or international crises.COVID-19 or Natural Disasters
Time spent outside the UK due to the pandemic or other disasters.Compassionate or Personal Circumstances
Including serious illness or the death of a close family member.Approved Research Absences – Skilled Workers
If sponsored for specific roles (e.g. scientists, R&D managers, or lecturers), and approved by the sponsor:2111–2114, 2119, 2150, 2311 occupation codes
Global Talent Visa Holders
Research absences are disregarded for those endorsed in Research or Academia
Winners of Prestigious Prizes also qualify, if absences relate to research
Appendix FM – Family Life Route
Absences before 20 June 2022 are disregarded
Absences after may also be disregarded for work, study, or family care abroad, if the UK remains your main home
Accompanying Eligible Partners Overseas
Continuous residence is maintained if accompanying a partner who is:Serving in HM Forces
Employed by the UK Government
A permanent staff member of the British Council
Channel Islands or Isle of Man
Time spent there counts as UK residence if your last visa was granted by the UK.
Continuous Residence – Long Residence Route
If you’re applying for Indefinite Leave to Remain (ILR) or further leave to remain based on 10 years of lawful residence in the UK, your continuous residence must meet the following criteria:
Before 11 April 2024:
You must not have been outside the UK for more than 548 days in total during the 10-year period.On or after 11 April 2024:
No single absence from the UK should exceed 184 days.
Maintaining continuous residence is essential. Exceeding these absence limits can break your qualifying period and delay your eligibility.
Continuous Residence – Appendix FM (5-Year Partner or Parent Route)
The continuous residence requirement does not apply to partners or parents applying for Indefinite Leave to Remain (ILR) under the 5-year route.
However, applicants must show a clear intention to live permanently in the UK. While extended absences (especially over 6 months) don’t automatically lead to refusal, they may raise concerns about your genuine residence.
It’s important to explain the reasons for any long absences. If the Home Office believes you are only visiting the UK occasionally, your ILR application could be refused.
For tailored guidance on your ILR application, contact ZAR Immigration.
Continuous Residence – Dependants of Migrants
Partners of Skilled Workers or Scale-Up Workers must meet the continuous residence requirement during their 5 years as dependants.
Children are not subject to this requirement, but can only apply for Indefinite Leave to Remain (ILR) when both parents qualify—unless the child was born in the UK.
For other categories:
Dependants of UK Ancestry visa holders or representatives of an overseas business do not need to meet the continuous residence requirement and can apply for ILR alongside the main applicant.