Insights
Absences and settlement
How time spent outside the UK is counted, including the long residence rules that changed on 11 April 2024.
Published Last reviewed
Time spent outside the UK can affect whether a settlement application meets the continuous residence requirement. The rule that applies depends on the route and on the dates involved, so the calculation should be checked against both.
The count is often rolling, not total
On many routes, absences are assessed across rolling twelve-month periods within the qualifying period rather than added up once at the end. Someone who travels heavily in one year and little in the others can be over the limit in that year even though their total looks comfortable.
Long residence changed on 11 April 2024
Long-residence absence rules changed on 11 April 2024. Historic absences and newer absences can be assessed under different limits, so a ten-year timeline may need both the transitional rules and the current rolling-12-month rule. Do not apply a single absence formula to the whole ten-year period without checking the dates.
Counting the days
Under Appendix Continuous Residence, only whole days outside the UK are normally counted; part-day absences of less than 24 hours are not counted. Different routes and historic periods can have additional rules, so the calculation should be checked against the route and dates involved.
Work from travel history, not from memory. Passport stamps, boarding passes, airline accounts and travel-provider records are the usual sources. Where a passport has been renewed during the qualifying period, the old one matters as much as the new one.
Absences treated differently
The Immigration Rules allow certain absences to be treated differently in defined circumstances. Which exceptions are available depends on the route and dates, and the reason must be evidenced.
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 plan the application. 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.
What we can and cannot help with
We provide advice and application assistance for straightforward immigration matters within our IAA Level 1 Immigration authorisation. Where a matter falls outside that authorisation — for example because it involves adverse immigration history, a discretionary or human-rights claim, an administrative review, an appeal or tribunal work — we will tell you and signpost or refer you to an adviser authorised at the appropriate level.
If an application is refused, we will explain whether a new straightforward application may fall within our Level 1 service scope. Where review, appeal, tribunal or other higher-level work is required, we will signpost or refer you to an appropriately authorised adviser.
UK Visas and Immigration (UKVI) makes the final decision on every application. No immigration adviser can guarantee that an application will be approved.
Questions clients often ask
Do the days I left and returned both count?
Under Appendix Continuous Residence, only whole days outside the UK are normally counted, so a part-day absence of less than 24 hours is not counted. Historic periods and some routes have their own rules, so if a period is close to a limit, check it against the guidance for the specific route and dates rather than estimating.
I went over the limit one year. Is settlement impossible?
Not necessarily. Depending on the route, the dates and the reason, an exception may apply, or a later qualifying period may meet the rules. An application that depends on an absence being treated as an exception needs the reason evidenced, and where it depends on discretion it may be outside our Level 1 scope.
Have a question about your own application?
General guides cannot cover every situation. Tell us what you want to apply for and we will confirm whether it is within our Level 1 authorisation.
The enquiry form is on this site and reaches us directly. Please do not send identity documents until we ask for them.