1. Executive Summary & Continuous Residence Principle
Many UK settlement routes require applicants to meet the Continuous Residence requirements in Appendix Continuous Residence, but the exact settlement rules depend on the route. The normal current rule is no more than 180 days outside the UK in any 12-month period, subject to specific exceptions and transitional rules for older permission and Long Residence.
2. Rolling 12-Month Absence Calculation Matrix
The table below illustrates how the rolling 12-month calculation applies across different grant dates:
| Visa Issue Date | Absence Calculation Rule | Permitted Disregarded Absences |
|---|---|---|
| Permission granted under rules before 11 Jan 2018 | Up to 180 days outside the UK in any consecutive 12-month period ending on the same date as the application, subject to the applicable exceptions | Specific permitted reasons under Appendix Continuous Residence |
| Current general rule | No more than 180 days outside the UK in any 12-month period | Qualifying humanitarian/environmental crisis, travel disruption, compelling/compassionate circumstances and qualifying Skilled Worker research |
| Long Residence: absence started before 11 Apr 2024 | No more than 184 days in a single absence and no more than 548 days in total for the relevant pre-11 Apr 2024 period | Subject to the permitted-absence rules |
| Long Residence: absence started on or after 11 Apr 2024 | 180-day limit in any 12-month period | Subject to the permitted-absence rules |
3. Permitted Absences That Do Not Count Towards 180 Days
Appendix Continuous Residence specifies the absences that can be disregarded. These include assisting with a national or international humanitarian or environmental crisis overseas, travel disruption caused by a natural disaster, military conflict or pandemic, compelling and compassionate personal circumstances such as the life-threatening illness of the applicant or a close family member, and qualifying research activity undertaken by a Skilled Worker where the required sponsor and occupation conditions are met.
4. Proving UK Presence During Settlement Applications
Applicants should accurately declare their absences and be prepared to provide evidence supporting their immigration history and travel dates where required. Useful evidence can include passports, travel records and Home Office records, together with route-specific evidence where relevant. There is no universal requirement to provide P60s, bank statements or utility bills, and not every settlement route uses Form SET(O).
Essential Summary & 2026 Checklist
- The statutory absence limit is 180 days in any rolling 12-month period for 5-year ILR routes.
- For the current general rule, absences are assessed against each applicable 12-month period; older permissions and Long Residence have specific transitional rules that must also be checked.
- Exceeding the applicable absence limit without a permitted exception can break continuous residence for the relevant settlement calculation.
- Certain compassionate, travel-disruption, humanitarian and qualifying Skilled Worker research absences can be disregarded where the requirements and supporting evidence are satisfied.
- Absences should be declared accurately using the settlement application applicable to the particular route and supported by travel or other evidence where required.
Frequently Asked Questions (6)
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