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ARTICLE · 03 NOVEMBER 2026

Excess Absences Under The Long Residence Route

Kingsley Napley LLP
Kingsley Napley LLP
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Kingsley Napley LLP

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The Long Residence route to UK indefinite leave to remain may soon be eliminated under proposed 'earned settlement' changes, prompting a surge of applications from individuals who have exceeded permitted absence thresholds. While Home Office guidance suggests discretion may be exercised for excess absences in certain circumstances, securing such exceptions in practice proves exceptionally challenging for applicants and their representatives.

United KingdomImmigration

Rumours and speculation around the upcoming introduction of ‘earned settlement’ are rife. One anticipated change is that the Long Residence route – which allows individuals to apply for indefinite leave to remain after spending a continuous and lawful period of 10 years in the UK – may be scrapped.

Consequently, we have received an influx of enquiries from individuals hoping to secure indefinite leave to remain before these rumours become reality. In many cases, those queries come from clients who have exceeded the specified absence thresholds and are hoping to rely on a Home Office caseworker exercising discretion in respect of any ‘excess’ time spent overseas.

As a reminder, the absence requirements under the Long Residence route are:

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