Exceptions To Absences Requirements For Settlement Applications

We consider here the circumstances where excessive absences can potentially be disregarded when applying for settlement following five years' continuous residence in the UK in qualifying visa categories.

Under the current law, many visa categories allow individuals to apply for settlement (also known as indefinite leave to remain or permanent residence) after five (or in some cases, three) years' continuous residence in the UK. As part of the continuous residence requirement, an applicant must normally show that they have spent no more than 180 days outside of the UK in any 12-month period throughout their time in the UK. There are, however, exceptions to this rule.

We look at the circumstances in which absences might be disregarded as part of the 180-day calculation under Appendix Continuous Residence of the Immigration Rules (which includes within its scope those applying from the Skilled Worker, Global Talent and Innovator-Founder routes among others). This does