UK ILR continuous-residence rules in 2026.

Indefinite Leave to Remain (ILR) requires you to have lived in the UK continuously for a qualifying period without excessive absences. The core rule is that you cannot be outside the UK for more than 180 days in any rolling 12-month period during the qualifying period. This is not a total cap — it is a rolling window test applied to each 12-month period independently.

The rule exists because ILR represents a permanent commitment to the UK. UKVI wants to see that you have made the UK your home throughout the qualifying period, not just been present on paper while living abroad. The absence rules differ by immigration route — work routes have stricter caps, while the partner route evaluates whether the relationship subsisted during absences.

This guide explains how to calculate continuous residence, what counts as an absence, the applicable rules for each route, common mistakes, and how to prepare the absence schedule for the ILR application.

Applicants for indefinite leave to remain who need to understand the continuous residence requirement. This includes:

• Skilled Worker visa holders approaching the five-year qualifying period
• Global Talent visa holders on the three-year route to settlement
• Partner route (spouse visa) holders at the five-year mark
• Long residence applicants on the 10-year route
• Innovator Founder visa holders on the two-year route

The advice applies to applications made in the UK. Those applying from outside the UK for entry clearance have different rules.

An absence schedule and supporting documents are critical for the ILR application:

• Passport entry/exit stamps — the primary evidence of each departure and return
• Travel records from UKVI — request your travel history through the UKVI subject access request process
• Boarding passes and flight itineraries — for trips where passport stamps are unclear
• Employer travel records — letters confirming business trips with dates and purpose
• Tenancy agreements and utility bills — showing continuous UK residence throughout the period
• Bank statements — showing UK transactions during the qualifying period
• HMRC tax records — employment and tax history showing UK economic activity
• NHS registration records — GP or hospital letters addressed to your UK address
• Absence schedule — a spreadsheet or table listing every trip: departure date, return date, total days absent, destination, purpose of travel

The ILR application can be submitted up to 28 days before reaching the end of the qualifying period. The qualifying period is counted from the date of first entry under the relevant visa route. For Skilled Worker, this is the date of the Certificate of Sponsorship (CoS)-based entry clearance or the date leave was granted.

Each 12-month window is counted backwards from the date of the ILR application. For example, if you apply on 1 June 2026, UKVI looks at the period from 1 June 2025 to 1 June 2026, then from 1 June 2024 to 1 June 2025, and so on, for each year of the qualifying period. If any window exceeds 180 days, the application is refused.

Prepare the absence schedule at least three months before applying. This gives time to gather travel records, check for discrepancies, and calculate whether any window is at risk of exceeding the cap.

The absence schedule is the most scrutinised document in an ILR application. Format it clearly with columns for departure date, return date, total days absent, destination, and purpose. Add a notes column for absences over 30 days explaining the reason (e.g., family visit, business conference, medical treatment).

If any 12-month window is near the 180-day limit, include a cover letter explaining the circumstances. UKVI has discretion to overlook absences just over the limit in compelling circumstances, but only if the evidence supports the reason.

For those on the partner route without a strict 180-day cap, document that the relationship subsisted during absences with communication records (WhatsApp messages, call logs), evidence of financial support sent during the absence, and proof that the UK home was maintained throughout.

Underestimating the rolling window. Many applicants count total absences across the full five years and assume that being under 900 days (180 × 5) is sufficient. This is wrong — each 12-month window is tested independently.

Missing the 28-day early application rule. Applying exactly at the five-year mark or earlier than 28 days before results in refusal as premature.

Not documenting short trips adequately. Even a weekend trip to Paris counts as two days of absence. Multiple short trips can push a 12-month window over the limit.

Assuming work trips are exempt. Business travel counts as absence regardless of the purpose. Only Crown service or certain diplomatic postings are exempt.

Confusing the partner route rules with work route rules. The partner route has no strict 180-day cap, but applicants often apply the wrong rule and prepare insufficient evidence of the relationship subsisting during absences.