Insights
Absences and settlement
How time spent outside the UK is counted, and the absences that can break a qualifying period.
Published by WLIS Admin
Absences are the most common reason a settlement application fails on a technicality, and almost always because the applicant counted them the wrong way.
The count is rolling, not total
On most work routes, absences are assessed across each twelve-month period of the qualifying period rather than added up once at the end. Someone who travels heavily in one year and barely at all in the others can be over the limit even though their total looks comfortable.
Long residence works differently again, with limits on both single absences and the overall total. The route you are applying on decides which count applies to you, so the first question is always which route, not how many days.
Counting the days
Work from travel history, not from memory. Passport stamps, boarding passes, airline accounts and travel-provider records are the usual sources, and the exercise regularly turns up a trip nobody remembered. Where a passport has been renewed during the qualifying period, the old one matters as much as the new one.
Absences treated differently
Some reasons for being outside the UK are treated more generously, including serious illness, a legally binding obligation, or a conflict or natural disaster. These are exceptions and each needs to be evidenced at the time of the application rather than asserted afterwards.
Service overseas as a member of HM Forces, and certain postings for a UK employer, are handled under their own provisions.
Breaking continuous residence entirely
- A gap between one grant of leave and the next, even a short one.
- Time spent in the UK without valid leave.
- Leaving the UK while an application is outstanding, in some circumstances.
- Removal, deportation or a period of leave granted on a route that does not count.
What to do now
- Build the travel list before you book anything else. It is the cheapest thing you can do and it decides the timing.
- Keep expired passports. They are the evidence.
- If one twelve-month period looks close to the limit, get it checked before applying rather than after.
How WLIS can help
- 1 We check that the route suits your plans and that the matter is a straightforward one within our IAA Level 1 authorisation.
- 2 We review your eligibility and your documents, and explain plainly anything that needs attention.
- 3 We give you a document checklist written for your circumstances rather than a generic one.
- 4 We prepare the application form and supporting documents, and you check and approve the final information before anything is submitted.
- 5 We help with submission, biometrics or identity steps, and your eVisa and UKVI account after the decision.
Questions clients often ask
Do the days I left and returned both count?
Practice varies by route, and the safe assumption is that they do. If a period is close enough that the answer changes the outcome, it should be checked against the guidance for the specific route rather than estimated.
I went over the limit one year. Is settlement impossible?
Not necessarily. Depending on the route and the reason, an exception may apply, or waiting and applying on a later qualifying period may work. What rarely helps is applying anyway and hoping the absence is not noticed.
Have a question about your own case?
General guides cannot cover every situation. Tell us what has happened and we will confirm whether we can help.
The enquiry form is on this site and reaches us directly. Please do not send identity documents until we ask for them.