How to Meet the Continuous Residence Requirement for UK Spouse Visa Extensions

Continuous Residence Requirement for UK Spouse Visa Extensions

If you are on the UK Spouse Visa route and preparing to apply for an extension or settlement, it is important to understand the Continuous Residence Requirement. The Home Office requires applicants to meet the continuous residence requirement for both Spouse Visa extensions and Indefinite Leave to Remain (ILR).

In this article, we explain what the continuous residence rule means and what can break it. We also explain how you can stay compliant while planning your travel and life in the UK.

What Is the Continuous Residence Requirement?

The Continuous Residence Requirement refers to the need for a visa holder to have lived continuously in the UK without excessive absences during their leave.

This requirement is particularly important for:

• Spouse Visa extensions under the 5-year route
• Applications for Indefinite Leave to Remain (ILR)

Failure to meet this requirement can lead to delays in your immigration journey or even refusal of your extension or ILR application.

Read our guide on 🔗 Eligibility Requirements for UK Spouse Visa Extensions

Does the Continuous Residence Rule Apply to UK Spouse Visa Extensions?

Yes — but differently than for other visa categories like work or student routes.

When applying for a Spouse Visa extension (usually after 30 months), the Home Office generally expects that:

• You have resided predominantly in the UK with your British or settled partner.
• Any absences are short, reasonable, and explained.pany structure and are both a director and shareholder

For the Spouse Visa extensions there is no specific number of days outlined for absences during the initial spouse visa period. However, spending extended or repeated time outside the UK may raise concerns about the genuineness and subsistence of the relationship. The Home Office will check again as they did when the spouse visa was initially issued.

Why Continuous Residence Matters for Spouse Visa Holders

Here’s why maintaining continuous residence is essential:

• Demonstrates a genuine and ongoing relationship with your partner
• Builds a foundation for Indefinite Leave to Remain (ILR) after 5 years
• Reduces the risk of visa extension refusal based on relationship breakdown or lack of cohabitation
• Supports your case if relying on Article 8 family life rights in future

What Breaks Continuous Residence?

The Home Office does not set a fixed number of days for spouse visa absences, but your residence may be questioned or considered broken if:

• You are absent from the UK for more than 180 days in any 12-month period (applies more strictly for ILR)
• You are not living continuously with your sponsoring partner
• Your absences suggest you are living elsewhere for extended periods, such as another country
• You lack supporting documentation for your presence in the UK

In the context of a Spouse Visa extension, it’s not just about time outside the UK — it’s about why you were away, how often, and whether your relationship remained genuine during those periods.

Acceptable Reasons for Absences

If you have spent time outside the UK during your current spouse visa period, you should provide an explanation for your absence. You should also provide supporting evidence for your explanations.

Acceptable reasons might include:

• Family emergencies or visiting relatives abroad
• Work travel (where applicable)
• Health-related travel or seeking medical care abroad
• Travel with your partner or visits that support the relationship

Each absence should be supported by documents such as flight tickets, hotel bookings, or a letter from your employer.

Key Evidence of Continuous Residence

There are several ways to show continuous residence for a UK Spouse Visa extension. You may use any combination of the folllowing consider submitting:

• Joint utility bills, council tax, or bank statements over the visa period
• Tenancy agreements or mortgage statement
• Travel records showing when and why you were away
• Photos, messages, or travel documents proving shared life with your partner
• Personal statements explaining any long absences

Continuous Residence for Indefinite Leave to Remain (ILR)

When applying for ILR under the 5-year spouse route, the continuous residence requirement is stricter. You must not have:

• Spent more than 180 days outside the UK in any 12-month period during the 5 years of your spouse visa
• Been separated from your partner without compelling justification
• Failed to meet other criteria like financial and English language requirements

Learn more in our detailed guide: Ultimate Guide to UK Indefinite Leave to Remain

What Happens If You Break Continuous Residence?

Breaking continuous residence can have serious implications. The Home Office may take your absences or living arrangements as a sign of lack of commitment to life in the UK. They may also conclude that your relationship is not genuine and your application may be:

• Refused under Appendix FM
• Diverted to the 10-year route
• Result in loss of time accrued toward ILR

In severe cases, repeated or unexplained long absences can even lead to visa curtailment.

How to Stay Compliant with the Continuous Residence Requirement

To help maintain continuous residence and avoid complications or cancellation, you shiould

• Track your travel: Keep a personal log of all trips outside the UK, including purpose and duration.
• Minimise absences: Avoid long or frequent trips abroad without your partner.
• Live together consistently: Maintain a shared home and document cohabitation.
• Notify the Home Office of address changes via the UKVI update portal.
• Prepare early: Collect evidence throughout your visa period — don’t wait until your extension is due.

In conclusion

The Continuous Residence Requirement for UK Spouse Visa extensions is not just about the number of days you’ve spent in the country, You need to show your ongoing commitment to your partner and to life in the UK.

With proper planning, clear documentation, and professional support, you can meet this requirement and stay on track for long-term settlement.