When applying for settlement (also called Indefinite Leave to Remain) in the UK, applicants must show they've been living in the country continuously and legally. This rule applies to most visa types, including the Skilled Worker visa.
One key part of this is how much time the applicant has spent outside the UK. This article explains the rules around absences and how they affect your eligibility for settlement.
What Is Continuous Residence?
To meet the continuous residence requirement, the applicant must show that:
- They have been living in the UK with valid permission for the whole qualifying period.
- Their time in the UK has been lawful.
- They haven't spent more time abroad than the rules allow, unless they had an accepted reason.
When Time Abroad Breaks Your Residence
Time outside the UK can break your continuous residence if:
- You were away for more than 180 days in any 12-month period without a valid reason.
- You're applying under the Long Residence route and had:
- Any single absence of over 184 days before 11 April 2024.
- A total of more than 548 days spent outside the UK before that date.
- Additionally, if you're applying under the Long Residence route and you left the UK before 24 November 2016 without valid leave and didn't apply to return within 28 days of your previous permission expiring, that break could also count against you, even if you came back within 6 months.
Special Rules for Long Residence Applicants
The newer rules under Appendix Continuous Residence differ from the older rules (paragraph 276A). Transitional arrangements have been made to help applicants who began their residence under the old system.
If your absences started before 11 April 2024, you can still be assessed under the previous limits: no more than 184 days in one absence and no more than 548 days in total.
Keeping Track of Your Absences
It's important to prepare a list of every time you left the UK during your qualifying period. This helps ensure your application meets the rules.
Remember:
- The time between receiving your visa and actually entering the UK counts as time you were lawfully resident.
- But that time is also counted as part of your absences.
If you were born in the UK, your continuous residence period starts from your date of birth.
Different Ways Absences Are Counted
How absences are calculated depends on when your permission to stay was granted:
- Before 11 January 2018: Absences are reviewed in fixed blocks of months ending on the date you apply.
- On or after 11 January 2018: Absences are reviewed over any rolling 12-month period.
If you left before 11 April 2024 and returned after that date, the 12-month counting period begins from your next absence, not the return date.
What Counts as Time Abroad?
Any time outside the UK can count against your residence limit, including periods when:
- Your visa was still valid.
- You were waiting for a visa or extension to be approved.
- You had been granted entry clearance but hadn't entered the UK yet.
Short trips that last less than 24 hours don't count. For example, if you were away exactly 180 days and travelled back on the 180th day but landed on day 181, you haven't technically exceeded the limit.
Exceptions: When Absences Are Allowed
Some absences are permitted and won't break your residence, such as:
- Helping with an international or national crisis (e.g., humanitarian or environmental).
- Travel delays caused by natural disasters, armed conflict, or a pandemic.
- Personal emergencies, such as serious illness of the applicant or a close family member.
- Approved research work by Skilled Workers in certain scientific and academic fields.
- Research by Global Talent visa holders, if endorsed by prestigious bodies or prize winners.
- When applying under the Family Life route, time abroad for work, study, or family reasons is allowed, if the family remained based in the UK.
- Time spent abroad while accompanying a partner working in Crown service (such as Armed Forces or government service).
If you're relying on one of these exceptions, you must provide proper evidence to support your claim.
Final Thoughts
Meeting the continuous residence requirement is a vital part of a settlement application. Make sure to review your travel history carefully and check whether your absences fall within the limits or whether any of the accepted exceptions apply to you.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
