The impact of absences on ILR applications

If you are working towards your Indefinite Leave to Remain (ILR) UK immigration status, you may already know that time spent outside the UK—even for a holiday or a business trip—might affect your ILR eligibility. The qualifying period for ILR (often 5 years but sometimes 10, depending on your route) requires a certain amount of continuous residence in the UK. If your absences from the UK go beyond what is allowed under ILR rules, you could face delays or even denial of your application.

In this article, we will explain how to calculate and review your absences to determine if they will affect your ILR application. We’ll also discuss options to minimise the impact of absences, possible grounds for Home Office discretion, and what to do if you exceed the 180-day absence rule or face refusal. By understanding these requirements, you can better manage your travel, maintain continuous residence UK requirements, and strengthen your ILR qualification.

There are many UK immigration routes with varying rules on continuous residence, cohabitation, or overall presence in the UK. The guidance below offers general advice on continuous residence, which may not apply to everyone’s situation. If you have questions about how your absences or residence could affect your ILR eligibility, please seek professional advice. You can contact us to hear more about how we can support you in this part of your immigration journey.

Indefinite Leave to Remain (ILR) allows you to live, work, and study in the UK free of immigration time restrictions. It is the last step for many people on the path to British citizenship, as it demonstrates you have made the UK your permanent home. For a more detailed definition of ILR, you can read our recent article discussing the differences between ILR and British Citizenship.

The importance of continuous residency

Most ILR routes demand a qualifying period of continuous residence — often 5 years for routes like the Skilled Worker Visa to ILR – although there is also a 10-year route known as “Long Residence.” During this continuous residence period, the ILR absence rule typically states that you cannot have more than 180 days outside the UK in any 12-month segment of your qualifying period.

For example, if you are on a 5-year route, you should ensure that in each rolling 12-month period, you have not been absent from the UK for more than 180 days. Failing to meet this requirement can mean that your continuous residence is considered broken, putting your ILR application at risk.

How absences affect ILR eligibility

From a legal perspective, the Home Office usually takes a strict stance on the ILR absence calculation for ILR applications. This means:

• Exceeding 180 days in a single 12-month window may reset your continuous residence clock (requiring you to start the qualifying period again).

• Short but frequent trips can add up quickly, so it’s not only one long trip that can be problematic.

• Compelling and compassionate circumstances (e.g., serious illness or travel restrictions) can be considered, but must be well-documented.

If the periods spent abroad exceeds the maximum amount of days you are allowed to  be absent from the UK you may need to prove to the Home Office that you have strong reasons for your absences.

One of the biggest challenges for applicants is tracking absences from the UK when applying for ILR. Keeping precise records is crucial, whether you are applying under the Skilled Worker Visa to ILR route or another path.

1. Maintain a travel log: Record every trip you take, including the departure and arrival dates. This could be a spreadsheet or a calendar app that neatly sums up your total days outside the UK each year.

2. Use official records: You can cross-check your passport stamps, boarding passes, or flight confirmations. Sometimes, you can also request travel history from the Home Office if needed. However, do note it can take time to receive it.

3. Consult an ILR calculator: There are unofficial ILR calculator tools online that can help you estimate your days outside the UK. These are a useful first step, but always verify your final tally manually to avoid any mistakes.

4. Be aware of rolling 12-Month periods: Keep in mind that the 180-day rule is often calculated on a rolling basis, not just by calendar year. For instance, if you spent 90 days abroad from January to March, and another 100 days from August to November of the same year, these absences in overlapping 12-month periods could break your continuous residence guidance.

By reviewing absences regularly, you can avoid accidentally crossing the threshold. And if you notice you are close to the limit, you can alter future travel plans or seek advice to minimise potential impacts on your ILR application.

Sometimes, absences from the UK can accumulate for various reasons. Below are a few examples:

• Extended family visits: Visiting parents or relatives in your home country for extended periods is common, particularly if someone is ill or requires long-term care.

• Work commitments: Frequent business trips or overseas assignments, especially under the Skilled Worker Visa, can push your total absences beyond the 180-day limit.

• Global pandemic or travel disruptions: Events like COVID-19 or other major disruptions can result in involuntary prolonged stays outside the UK.

• Personal emergencies: Accidents, medical issues, or unforeseen personal crises may lead to you being absent from the UK for more than planned.

If you have excessive absences, you will need to show compelling evidence that leaving the UK for that long was necessary or beyond your control. The Home Office might exercise discretion if you can present a strong case.

Even if you believe you have a legitimate reason for absences outside the UK, it’s best to manage your situation proactively. Below are key strategies for ensuring that your application for Indefinite Leave to Remain is as strong as possible.

1. Plan your trips wisely

If you are aware of your timeline for ILR qualification, plan your trips accordingly. Keep a running total of your trips so that you are aware of how much time you can spend outside the UK. Avoid major trips unless it is avoidable. 

2. Document everything

Keep medical records, letters from employers, or other proof that can justify your reason for travel. Clear, detailed records strengthen the credibility of your application.

3. Check your eligibility period

Determine if you are eligible to apply earlier than you thought. Some applicants can apply for ILR up to 28 days before they hit the official 5-year mark. This can help you avoid going over the ILR absence rule just before you apply.

4. Review alternative visa routes

Certain categories (e.g., Global Talent or Innovator visas) may have more flexibility regarding absences, although the 180-day rule still applies in many cases. However, if you are at the start of your UK immigration journey and anticipate high travel demands, explore a route that could potentially minimise the risk of resetting your continuous residence.

Seeking legal advice for exceptional circumstances

Sometimes, despite the best planning, life intervenes. In cases of serious illness, accidents, or events like lockdowns, the Home Office may look at exceptional circumstances. To succeed with this argument:

• Show evidence of why you could not return (e.g., medical certificates, flight cancellations, travel bans).

• Demonstrate you took steps to come back as soon as possible.

• Seek professional help from an immigration solicitor who can guide you through the process and help compile a robust application.

You can explore Seraphus’ Application Checking service if you have doubts about how your absences might affect your case. Our experienced team can review your documents and advise on the next steps, ensuring your application is as strong as it can be.

Alternative immigration routes if ILR Is denied

If you think your ILR application will be refused due to ILR absences, you might consider:

• Extending your current leave: In some categories, you can extend your visa and continue working towards a fresh 5-year continuous period.

• Switching to another route: If your personal or professional situation changes, you could move to a different visa category (subject to eligibility) that might suit your travel needs better.

• Return to the UK under another status: If you have been outside the UK for a prolonged period, explore your options to stay in or return to the UK by speaking with a qualified solicitor.

If you apply for ILR and your application is refused, it is essential to act quickly. You might still have legal options for administrative reviews, appeals, or fresh applications under special circumstances. Always seek advice from a qualified immigration solicitor who can guide you on the best steps forward.

Looking beyond ILR: EU Settlement Scheme and other situations

For those who are covered by the EU Settlement Scheme (EUSS), the Home Office has specific rules regarding time spent outside the UK. If you or someone you know is affected by these rules, read our article on time outside the UK and your EU Settlement Scheme application to better understand your situation.

Navigating ILR applications and ILR calculator complexities can be challenging — especially when time spent outside the UK risks breaking your continuous residence UK requirements. At Seraphus, we provide:

• Video Consultations: Understand your eligibility and plan your travel to protect your ILR.

• Application Checks: Our Application Checking service ensures you’re on the right track.

• Representation: If you need to apply or re-apply for ILR, we can prepare and submit your application on your behalf.

• Appeals and Administrative Reviews: If you have been refused due to ILR absences or another reason, we can advise on your legal options.

Get in touch today for continuous residence guidance or to discuss how to reduce the risk of refusal due to absences from the UK. Our experienced solicitors will guide you every step of the way, ensuring you have the best possible chance of securing your Indefinite Leave to Remain UK.