Written by Basharat Hussain, IAA-regulated immigration lawyer (Level 1, ref F201800051), Immigration Inn, Bedford.
Many people only check their travel history when they sit down to fill in the ILR form. By then it is too late to fix a problem. If you are working towards Indefinite Leave to Remain, it is worth understanding the absence rule early, so a long trip home does not reset your clock.
The 180-day rule
For most work and business routes, the Immigration Rules set a limit on time spent outside the UK. Appendix Continuous Residence says the applicant must not have been outside the UK for more than 180 days in any 12-month period during the qualifying period.
This covers routes such as Skilled Worker, Health and Care Worker and Global Talent. Partner routes under Appendix FM follow different rules, so spouse visa holders should not assume the 180-day test applies to them in the same way.
“Any 12-month period” means a rolling window
The limit is not counted per calendar year or per visa year. Any 12 consecutive months inside your qualifying period must contain 180 days or less outside the UK.
For example, 100 days away from June to December and another 100 days from January to May would be fine in two separate calendar years. It would still break the rule, because those 200 days fall inside the same 12 months.
How to count your absences
- List every trip with the date you left and the date you came back
- Use passport stamps, boarding passes, booking emails and your employer’s leave records
- Count only whole days outside the UK, because the days you leave and return are not normally counted
- Check each rolling 12-month window, not just the totals
A spreadsheet makes this much easier, and it is the same record you will need when you complete the application.
When absences can be disregarded
The rules allow some absences to be ignored. Appendix Continuous Residence lists, among others:
- serious illness or bereavement, such as your own life-threatening illness or the illness or death of a close family member
- travel disruption caused by natural disaster, military conflict or a pandemic
- helping with a humanitarian or environmental crisis overseas, with your sponsor’s agreement on a sponsored route
- approved research trips for certain Skilled Worker and Global Talent roles
You need evidence for each one, such as medical letters, a death certificate or employer confirmation. Explain the reason clearly in the application rather than leaving the caseworker to find it.
What about the proposed 10-year settlement rules?
The government has consulted on “earned settlement” proposals that would lengthen the standard route to settlement for many people. At the time of writing these proposals are not yet in the Immigration Rules and no start date has been confirmed, so the current qualifying periods still apply. Check GOV.UK before you apply, because changes to settlement rules can take effect with little notice.
Other ILR requirements to check at the same time
- the date you first qualify, based on your grants of permission
- the Life in the UK test and the English language requirement
- for Skilled Worker, the current salary requirement for settlement and a sponsor who still employs you
- any gaps between visas, which can break continuous residence
How we help
We map every grant of permission and every absence before you apply, so you know your exact qualifying date and any risks. Our ILR packages start from £350, with the fee confirmed in writing once we have looked at your case. Our Bedford office also handles British citizenship applications once you are settled.
Get started for just £50. A £50 working fee gets your case moving: we study your case, review your documents and confirm your package fee in writing before you pay anything more. WhatsApp us or call 01234 962804.
This article is general information, not legal advice for your situation. Rules checked on GOV.UK in October 2026.