Continuous Residence Requirement for Immigration Applications in the UK

Continuous residence requirement is a key requirement for ILR (Indefinite Leave to Remain). It varies depending on the immigration routes. For the purpose of ILR, where a person has been resident in the UK with relevant permission for the qualifying ILR period required by their immigration route, their continuous residence must not be broken, and their absences from the UK must not be more than the specified periods, unless the absence is for permitted reasons or due to compassionate and compelling circumstances.

Immigration routes, the continuous residence requirement applies to

A person in the UK on one of the routes listed below must meet the qualifying continuous residence requirement to be able to apply for settlement: 

• Skilled Worker visa (and Tier 2 (General)), dependants, and child dependants

• T2 Minister of Religion visa (and Tier 2 (Minister of Religion)), dependants, and child dependants

• Scale-up Worker visa, dependants, and child dependants

• International Sportsperson visa (and T2 Sportsperson and Tier 2 (Sportsperson)), dependants, and child dependants

• Representative of an Overseas Business visa (and Media Representative and Sole Representative)

• UK Ancestry visa

• Global Talent visa (and Tier 1 (Exceptional Talent)), dependants, and child dependants

• Innovator Founder visa (Innovator), dependants, and child dependants

• Overseas Domestic Worker visa, dependants, and child dependants

• International Agreement Worker visa (and Private Servant in a Diplomatic Household), dependants, and child dependants

• Hong Kong British National (Overseas) visa, dependants, and child dependants

• A person with permission to stay either as a partner or parent (or who has had a combination of the two) under Appendix FM 

• Private Life route for all settlement applications with the exception of a child born in the UK with at least 7 years of continuous residence, who can apply for immediate settlement 

• A person who has long residence in the UK, meaning they have lived in the UK lawfully and continuously for at least 10 years 

• Appendix HM (His Majesty) Armed Forces (only settlement as a partner or child)

• Appendix ECAA (European Community Association Agreements) Settlement

Qualifying continuous residence period for ILR

The applicant applying for ILR must have their most recent grant of permission on the route to ILR they are applying for (except for UK Ancestry, long residence, and children born in the UK applying on the basis of Private Life).

The length of permission the applicant must have been granted, and the relevant routes before qualifying for settlement, are as follows:

• Skilled Worker visa (and Tier 2 (General)) – 5 years

• T2 Minister of Religion visa (and Tier 2 (Minister of Religion)) - 5 years

• Scale-up Worker visa – 5 years

• International Sportsperson visa (and T2 Sportsperson and Tier 2 (Sportsperson)) – 5 years

• Representative of an Overseas Business visa (and Media Representative and Sole Representative) – 5 years

• UK Ancestry visa – 5 years

• Global Talent visa (and Tier 1 (Exceptional Talent)) – 3 years or 5 years depending on their endorsement

• Innovator Founder visa (Innovator) – 3 years 

• Overseas Domestic Worker visa – 5 years

• Hong Kong British National (Overseas) visa – 5 years

• Dependent Partner on the Representative of an Overseas Business visa (and Media Representative and Sole Representative) – 5 years

• Dependent Partner on the UK Ancestry visa – 5 years

• Dependent Partners of a person on the Global Talent visa, Innovator Founder visa, T2 Minister of Religion visa, International Sportsperson visa, Skilled Worker visa, Scale-up or Tier 1 Migrant visa, other than as a Tier 1 (Graduate Entrepreneur) visa – 5 years

• Dependent Partner or Household Member (adult child) on the Hong Kong British National (Overseas) Route – 5 years

• Dependent Children of a person on any of the routes listed here – in line with parents

• Settlement Family Life – 10 years 

• Private Life route – 5 years or 10 years

• A person who has long residence in the UK, meaning they have lived in the UK lawfully and continuously for at least 10 years – 10 years

• Appendix HM (His Majesty) Armed Forces (only settlement as a partner or child) – 5 years

• Appendix ECAA (European Community Association Agreements) Settlement – 5 years

Changes in the qualifying continuous residence period requirement 

In most of the categories currently the requirement is 5 years to settlement, however once the UK Government has intention of bringing in the earned settlement routes for most of the categories and this will change the period to 10 years or length according to your contributions to the UK. Categories like care workers are likely to be granted settlement in 15 years period. 

An earlier settlement could be possible for those who make an outsized contribution to the UK’s national life, such as high talent, high taxpayers, those who have worked at a certain level of seniority in public services, or those who have volunteered extensively in their local communities.

The earned settlement route will likely be published by April 2026 as the consultation will end in February 2026.

Calculating the qualifying period

The UKVI must calculate the ILR qualifying period for continuous residence in the UK by counting back from whichever of the following is the most beneficial to the applicant, taking periods of absence into account:

(a)the date of their application; or

(b) any date up to 28 days after the date of their application; or

(c) the date of decision; or

(d) If they are applying for ILR or settlement on the UK Ancestry route, and their last grant of permission was on a route other than the UK Ancestry route, the date their most recent permission on the UK Ancestry route expired.

The qualifying period may vary depending on the immigration route.

Lawful presence

Any period spent unlawfully in the UK by the applicant will not count towards the qualifying period for continuous residence. 

The applicant will not be considered as lawfully present in the UK:

(a) during any period of detention in the UK - if they are directed to be detained in an institution other than a prison or during any period in imprisonment - if they are convicted of an offence and sentenced to a time in prison (unless it is a suspended sentence), unless they are applying for settlement under Appendix Private Life or Appendix Settlement Family Life, where they have been 

(i) directed to be kept in detention in an institution other than a prison for 12 months or less; or

(ii) convicted of an offence and sentenced to time in prison in the UK for 12 months or less; 

that period of detention or imprisonment will not break their continuous residence during the 10-year qualifying period, but the time spent in detention in an institution other than a prison or time spent in a prison will not count towards the qualifying period for continuous residence; and

(b) during any period in which they are subject to a deportation order, exclusion order, or exclusion direction, removal directions under specified rules (except where the application is on the basis of Long Residence), and 

(c) during any period where they required permission and did not have it, unless they were in the UK without permission from 1 to 31 August 2020, and they had permission immediately before that period, in which case, they will be treated as lawfully present in the UK from 1 to 31 August 2020.

Absence from the UK

The applicant must not have spent time outside the UK as the following:

(a) The applicant, in order to meet the continuous residence requirement, must not have spent time outside the UK for more than 180 days in any 12- month period (unless (b), (c), and subject to the condition that absence was for certain permitted activities.)

(b) For any absence from the UK where they had permission granted under the rules in place prior to 11 January 2018, they must not have spent time outside the UK for more than 180 days during any rolling 12-month period, which ends on the same date of their current application, unless (c) applies, and subject to absence for certain permitted activities. 

(c) Subject to absence for certain permitted activities, where they are under Appendix Long Residence, they must not have spent time outside the UK for a total of more than 548 days during their qualifying period, where that 548-day total was reached prior to 11 April 2024 and for more than 184 days at any one time during their qualifying period, where that absence started prior to 11 April 2024.

When calculating the period of absence in (a), (b), or (c) listed above, any period spent outside the UK by the applicant will not count where the absence was for certain permitted activities for example, they were assisting with a national or international environmental or humanitarian crisis overseas or there were compelling and compassionate personal circumstances, such as the applicant or a close family member had a life-threatening illness.

If their most recent grant of permission was in the UK, any time they have lawfully spent in the Isle of Man or the Channel Islands on a route that is equivalent to those permissible in the UK is considered as time spent in the UK.

For their ILR or settlement applications on the Settlement Family Life route, their absence from the UK prior to 20 June 2022 will not be counted towards calculating the total absence period if they were subsequently granted, following those absences, permission in the UK as a partner or parent under Appendix FM or specified paragraphs.

Their absence from the UK, which started prior to 8 October 202,4 will not be counted when calculating the qualifying period for continuous residence for ILR or settlement applications on the HM Armed Forces route.

Breaking continuous residence

The applicant’s continuous residence is broken in specified circumstances, such as when they:

• Are absent from the UK for more than 180 days in any 12-month period without specified permitted reasons

• Are applying on the basis of Long Residence and were absent for more than 184 days at any one time, where the absence began prior to 11 April 2024, or spent time outside the UK for a total of 548 days in any part of their qualifying period prior to 11 April 2024 - for any part of the qualifying period from 11 April 2024 they must not have spent time outside the UK for more than 180 days in any 12-month period

• Are applying on the basis of Long Residence, left the UK prior to 24 November 2016, where they had no valid permission to stay at the time of their departure from the UK, and failed to apply to obtain entry clearance to the UK within 28 days of their previous permission expiring (even if they came back to the UK within 184 days)

Continuous residence for dependents

Where the applicant is applying as a partner or child and was absent from the UK for a permitted reason, accompanying the lead applicant (the person they are dependent on), that period of absence will not count towards the 180-day absence limit when calculating their qualifying period.

Where the applicant is applying as a partner or child, and the lead applicant was absent from the UK during a period of permission in the UK prior to 11 January 2018, that period of the lead applicant's absence will not count towards the 180-day absence when calculating their qualifying period, if the lead applicant was on Tier 1, Tier 2, Tier 5 (Temporary Worker), Global Talent, Start Up, Innovator Founder, or ECAA worker or ECAA business person route.

How can Visa and Migration help? 

We are experts in UK Immigration matters. The UK immigration landscape, including qualifying continuous residence for immigration applications, has changed significantly and will continue to meet the government’s aim to curb inward immigration. 

Therefore, with our expertise and experience, we can help you navigate through any UK immigration route effortlessly.

For expert advice and queries, you can call us at +44 (0)20 3411 1261 or write at info@visaandmigration.com