High level of absences from the UK are one of the most common reasons Indefinite Leave to Remain (ILR) applications are refused. Many applicants are preoccupied with other requirements such as the Life in the UK test, so they often overlook their absences, leading to refusals.
It’s important to understand that absence rules are not identical across immigration routes. Work, family, and other qualifying routes can apply different thresholds and calculation methods. This means advice that applies to one visa holder may not apply to another.
This guide explains how ILR absences are counted, what thresholds usually apply, and how to calculate your time outside the UK accurately. Understanding this early can help you avoid costly mistakes and delays when applying for ILR.
What Are ILR Absence Rules?
For the purposes of settlement, an absence means any whole day you are physically outside the UK during your qualifying residence period. These absences are assessed to determine whether you have maintained continuous residence, a core requirement for Indefinite Leave to Remain in the UK.
To continuously reside generally means living in the UK without excessive or prolonged breaks.
Short trips, such as holidays or business travel, are usually permitted if they stay within the allowed limits. Extended absences, however, can break continuous residence and reset the qualifying period entirely meaning you must wait longer before you can settle. This is why understanding how absences are counted is critical.
The ILR absence rules look not only at the total number of days spent outside the UK, but also at how those days fall within specific time periods. While many routes apply a similar framework, the exact thresholds and flexibility can vary depending on your visa category.
Therefore, you should always check the rules that apply to your specific route.
Permitted Absence Limits for ILR
For most visa routes such as those on the Points Based System, the 180-day rule is the most widely applied threshold. You must not have spent more than 180 days outside the UK in any rolling 12-month period during your qualifying residence. This rolling approach means you cannot simply look at calendar years or visa years.
A common error made when calculating absences is not considering the rolling nature of the calculation. So, there are often misunderstandings with applicants believing that every 12 calendar months their 180-day limit resets.
Not paying attention to this can mean that whilst you may appear to be under 180-day limit every calendar year, your rolling absence can be over 180-days leading to refusal.
Only those with absences which date from before 11th January 2018 can count the absences in consecutive 12-month periods. All absences after this date must be calculated as above.
Routes Where Absence Rules May Differ
- Family routes: Those on the 5-year route do not typically have an absence limit. However, those on the 10-year route and Armed Forces route are bound by the 180-day limit.
- Other qualifying routes: The Long Residence route has a different absence threshold with absences not being allowed to exceed 548 days in total before 11th April 2024, and a single absence not being permitted to exceed 184 days at any one time after 11th April 2024.
How to Calculate Your Absences for ILR
Accurately calculating absences is essential to ensuring you can apply for ILR in time. Follow these steps:
- List all travel dates covering your full qualifying period (for example, five years).
- Count full days outside the UK. The day you leave the UK and the day you return are usually not counted as absences if you were present in the UK for part of those days.
- Group absences into rolling 12-month periods, not calendar years. Review every possible 12-month window.
- Add up days outside the UK within each rolling 12-month period to ensure none exceed the permitted limit.
- Cross-check using official records, such as passport stamps or travel histories.
Using this method helps you calculate ILR absences accurately and ensures your continuous residence is not accidentally broken by overlooked travel.
Evidence You Can Use to Track Your Time Outside the UK
Common sources of evidence include passport stamps showing entry and exit dates, airline tickets, and boarding passes. If you travel frequently for work, employer letters confirming business travel dates can be useful.
You can also submit a Subject Access Request to the Home Office for your travel records, which may help fill gaps where passport stamps are unclear.
Keeping a personal travel log throughout your visa period is also strongly recommended, as it makes absences calculation for ILR far more straightforward when it comes time to apply.
Common Mistakes When Calculating ILR Absences
- Miscounting departure or return days, which can add unnecessary absence days.
- Reviewing absences by calendar year rather than rolling 12-month periods for absences that occurred after 11th January 2018.
- Assuming work-related travel does not count, when in most cases it does. Unless you are undertaking research on behalf on your endorsing body if on the Global Talent route or undertaking research approved by your sponsor if on the Skilled Worker route.
- Failing to keep clear records. Without evidence, even correctly calculated absences can be challenged, potentially delaying or refusing an ILR application.
What Happens If You Exceed the Absence Limits?
Exceeding the permitted absences can break your continuous residence and make you ineligible for ILR at the time of application. This can potentially lead to more visa fees if you then have to extend your original visa.
Special Circumstances & Exceptions
In limited situations, discretion may apply and certain absences may be disregarded, but this is not guaranteed.
Certain exceptional circumstances may be considered, such as serious illness, bereavement, employer-mandated travel, or limited COVID-related disruption. However, these exceptions are narrowly defined and require strong documentary evidence.
How Can Migrate UK help?
ILR absences are a technical but crucial part of any ILR application. Even small errors in calculation can have serious consequences. By tracking your travel carefully and checking your absences well before applying, you can reduce the risk of refusal or delay and ensure your continuous residence remains intact.
If you’re unsure whether your absences affect your ILR eligibility, contact Migrate UK for assistance at info@migrate-uk.com.
FAQs
How many days can I be outside the UK for ILR?
Usually no more than 180 days in any rolling 12-month period, depending on the route. Some routes may allow longer periods of absence.
Does work travel count towards ILR absences?
Yes, in most cases, work-related travel is included.
How do I calculate absences over a 5-year period?
Review every rolling 12-month period and ensure you have not exceeded the relevant thresholds. Note, depending on when the absence occurred you may have a different calculation.
What happens if I exceed the 180-day limit?
You may fail the continuous residence requirement and be refused ILR.
Do absences affect all ILR routes in the same way?
No, rules vary by route, so always check route-specific guidance.
