Table Of Contents
- What are the absence rules under ILR
- How long can you be absent from the UK
- Absence rule for converting pre-settled status to settled status
- When can you be outside the UK for more than 6 months
- Summary
Everyone who wants to settle permanently in the UK needs to obtain ILR status (also known as ‘settlement’) in the UK. As of date, you can apply for ILR once you have completed 5 years’ continuous residence in the UK. Some visas have different qualifying periods for ILR. For example, Innovator Founders can apply for ILR after 3 years in the UK, and some people can apply to settle on the basis of long residence (usually 10 years) in the UK.
Importantly, not all UK visas lead to settlement in the UK.
Regardless of the route to ILR, you must meet the absence rules under ILR in the UK. This means you must have been outside the UK no more than the specified period of time during that qualifying period.
What are the absence rules under ILR?
You usually enter the UK through a valid immigration route. You get permission to stay in the UK for a certain period initially on that route. Before that period ends, you must apply to extend or switch to another visa to continue to stay in the UK. Once you complete 5 years, 3 years (in some cases), or 10 years (if applying based on long residence) in the UK on a single route or a combination of routes (where permitted), you may become eligible to apply for ILR.
During the qualifying period you may travel outside the UK and return once or multiple times. However, to be eligible for ILR after 5 years, your absence from the UK during that period must be within the permitted limit.
This is known as the absence rules under ILR.
On the other hand, citizens of the EU, Norway, Iceland, Liechtenstein, or Switzerland, who were living in the UK on or before 31 December 2020 and have received Pre-settled status under the EUSS (EU Settlement Scheme) can apply for settled status (this is equivalent to ILR) after 5 years’ of continuous residence with Pre-settled status in the UK.
There are different absence rules for EU nationals with Pre-settled status.
How long can you be absent from the UK?
The absence Rules under ILR are contained in the Immigration Rules – Appendix Continuous Residence. The appendix applies to Skilled Worker visa, Innovator Founder visa, Global Talent visa, Scale-up visa, UK Ancestry visa, Representative of an Overseas Business visa, International Sportsperson visa, ECAA Settlement, and certain other immigration routes that lead to settlement.
The rule applies to you if you are applying for ILR (Indefinite Leave to Remain) on the 3-year, 5-year, or 10-year route under Appendix Long Residence.
When counting the absence limit only whole days spent outside the UK count.
Generally, the day you leave the UK and the day you return to the UK is not counted.
Only full days spent overseas are included in the calculation.
Below is the breakdown of permitted absences from the UK and absences that are not counted towards the qualifying period of ILR.
(a). To meet the continuous residence requirement, you must not have been outside the UK for more than 180 days in any 12- month period (unless b, c, d, or e applies, and subject to f (all mentioned below).
(b). For absence rules under ILR, your absence from the UK where you got permission under the rules in place before 11 January 2018, you must not have been outside the UK for more than 180 days during any consecutive 12-month period, ending on the same date of your current application unless (c) applies, and subject to (f)
(c). Subject to (f), where your application for ILR is under Appendix Long Residence, you must not have:
Been outside the UK for a total of more than 548 days during your qualifying period, where that total of 548 days was reached before 11 April 2024; and
You have been outside the UK for more than 184 days at any one time during your qualifying period, where your absence started before 11 April 2024.
(d). Where you are applying for ILR as a partner or child and were outside the UK for a reason in (f), accompanying the individual you are dependent on, that period of absence will not count towards the 180-day absence limit in (a) or (b) when calculating your qualifying period.
(e). Where you are applying for ILR as a partner or child, and the person on whom you are dependent was absent from the UK during a period of permission granted prior to 11 January 2018, that period of absence will not count towards the 180-day absence in CR (a) or (b) when calculating your qualifying period if the person on whom you were dependent was on:
• Tier 1; or
• Tier 2; or
• Tier 5 (Temporary Worker); or
• Global Talent; or
• Start Up; or
• Innovator Founder; or
• ECAA (European Community Association Agreement) worker or ECAA business person.
(f). When you are calculating the total absence period in (a), (b), or (c), any period of absence will not count where the absence was for any of the following reasons:
1. you were assisting with a national/international humanitarian/environmental crisis overseas, providing, if on a sponsored route, your sponsor agreed to the absence for that purpose; or
2. You faced travel disruption due to pandemic, natural disaster, or military conflict; or
3. There were compelling and compassionate personal circumstances, such as you had a life-threatening illness, your close family member has a life-threatening illness or death; or
Please note that this is not an exhaustive list. There are other reasons which will not be counted towards the total absence from the UK.
Absence rule for converting pre-settled status to settled status
You may be eligible to convert your EUSS – Pre-settled Status to EUSS – Settled Status as long as you have not been outside the United Kingdom, the Channel Islands, or the Isle of Man for more than:
• 30 months or 2.5 years in the last 60 months or 5 years; or
• 6 months in any 12 months within any 60 months (there are some exceptions, though).
When can you be outside the UK for more than 6 months?
Certain absences of more than 6 months in 12 months do not break your continuous residence in the UK. These include:
• A period of up to 12 months for an important reason – for example, study, serious illness, childbirth, vocational training, an overseas work-related posting, or because of COVID-19 (Coronavirus)
• Compulsory military service of any length
• Time spent abroad in the armed forces or as a Crown servant, or as the family member of someone in the armed forces or a Crown servant
• Working in the UK marine area
Summary
Absence Rules under ILR contained in Appendix Continuous Residence say that when you are applying for ILR on most UK immigration routes that lead to settlement, you can remain outside the UK up to 180 days in any rolling 12-month period without breaking your continuous residence. If you exceed this limit, it could delay or prevent your ILR application unless an exception applies.
Different absence rules apply for people with EUSS – Pre-settled status looking to obtain EUSS – Settled status.
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