How to Calculate Continuous Residence for ILR

Continuous Residence for ILR

Continuous residence is one of the most important requirements for obtaining Indefinite Leave to Remain (ILR) in the UK. This fundamental requirement determines whether you’ve spent sufficient time in the UK to qualify for settlement. However, calculating your continuous residence period correctly can be complex, with various rules and exceptions that might affect your eligibility.

This comprehensive guide explains everything you need to know about continuous residence for ILR applications in 2025, including how to calculate your qualifying period, what counts as a break in continuous residence, and how to document your UK stay effectively.

What is Continuous Residence for ILR?

Continuous residence refers to the uninterrupted period you must have lived legally in the UK before qualifying for Indefinite Leave to Remain. This period varies depending on your visa category but is typically five years for most immigration routes.

During this qualifying period, you must have maintained lawful immigration status without significant gaps or excessive absences from the UK. The Home Office uses this requirement to ensure that applicants have established genuine ties to the UK before granting permanent settlement.

Read our article 🔗 Complete Guide to Indefinite Leave to Remain (ILR)

Standard Qualifying Periods by Visa Category

The required continuous residence period varies depending on your immigration route:

Five-Year Routes

• Skilled Worker visa (formerly Tier 2 General): 5 years
• Family visas (spouse, partner, child): 5 years
• UK Ancestry visa: 5 years
• Representative of an Overseas Business: 5 years
• Scale-up Worker visa: 5 years
• Refugee status or humanitarian protection: 5 yearsnd are both a director and shareholder

Accelerated Routes

• Global Talent visa: 3 years (if endorsed under exceptional talent)
• Innovator Founder visa: 3 years

Other Routes

• Long residence route: 10 years of continuous lawful residence
• Returning residents: No specific period if you previously held ILR

How to Calculate Your Continuous Residence Period

Calculating your continuous residence period requires careful attention to detail. Here’s how to determine your qualifying period:

1. Identify Your Starting Point

Your continuous residence period typically begins on:

• The date you entered the UK with a relevant visa
• The date your relevant visa was granted if you were already in the UK
• The date your status changed to a qualifying category

2. Count Forward to Reach Your Qualifying Period

From your starting date, count forward to complete your required period (typically 5 years). For example, if you entered the UK on a Skilled Worker visa on 15 July 2020, your 5-year qualifying period would end on 15 July 2025.

3. Check for Breaks in Continuous Residence

Your continuous residence may be broken if:

• You were outside the UK for more than 180 days in any 12-month period (see the 180-day rule)
• You left the UK without valid leave to remain
• Your visa expired before you renewed it (creating a gap in lawful residence)
• You received a deportation order, exclusion order, or removal directions

4. Account for Permitted Absences

Some absences don’t break continuous residence, including:

• Time spent outside the UK that falls within the 180-day allowance
• Compelling or compassionate circumstances (with proper documentation)
• Absences related to COVID-19 (with specific evidence requirements)

The Importance of Lawful Residence

For your residence to count toward ILR, you must have been in the UK legally throughout your qualifying period. This means:

• Having valid leave to enter or remain for the entire period
• Not breaching any conditions of your visa
• Not remaining in the UK after your visa has expired

Even a single day of unlawful residence can reset your continuous residence period, requiring you to start counting from zero once you regularize your status.

Special Considerations for Different Visa Categories

Skilled Worker Visa Holders

If you’re on a Skilled Worker visa (or previously Tier 2 General), your continuous residence period must be with the same employer unless:

• You changed employers through a proper visa transfer
• You were made redundant and found a new sponsor within the permitted timeframe
• You fall under specific exemptions for shortage occupations

Family Visa Holders

For those on family visas, continuous residence requires:

• Maintaining your relationship with your sponsor throughout the period
• Living together with your partner if on a spouse/partner visa
• Meeting financial and accommodation requirements consistently

Long Residence Route

If applying through the 10-year long residence route:

• You can combine different legal immigration statuses
• Short gaps between visas (up to 28 days) may be disregarded at the Home Office’s discretion
• You must not have had any periods of overstaying exceeding 28 days

Documenting Your Continuous Residence for ILR

Providing evidence of your continuous residence is crucial for a successful ILR application. You should gather:

Essential Documentation

• Passport stamps and travel records: All pages showing entry/exit stamps
• Biometric Residence Permits: All previous and current BRPs
• Tenancy agreements or mortgage statements: Covering the entire qualifying period
• Council tax bills: One for each year of residence
• Utility bills: Spread throughout your qualifying period (ideally quarterly)
• Bank statements: Showing regular activity in the UK
• Employment records: Contracts, payslips, and P60s for each year
• HMRC tax records: Annual tax returns or tax year overviews

Creating a Residence Timeline

Create a comprehensive timeline of your UK residence, including:

• All addresses where you’ve lived with exact dates
• All periods of absence from the UK with exact dates and reasons
• Any changes in immigration status or visa extensions
• Employment history throughout your qualifying period

Common Mistakes to Avoid

Gaps in Documentation

Ensure you have documentation covering your entire qualifying period without significant gaps. If you’re missing evidence for certain periods, gather alternative documentation such as:

• Letters from employers confirming your presence
• Medical records showing UK appointments
• Educational certificates or enrollment records
• Mobile phone bills showing UK usage

Miscalculating Absences

Keep meticulous records of all travel outside the UK, including:

• Exact dates of departure and return
• Purpose of travel
• Total days absent in each 12-month period

Overlooking Visa Expiration Dates

Always apply to extend your visa well before it expires. Even a single day of overstaying can break your continuous residence unless it falls under the 14-day grace period in specific circumstances.

Exceptions and Special Circumstances

COVID-19 Related Absences

The Home Office introduced special concessions for absences related to COVID-19, including:

• Being unable to return to the UK due to travel restrictions
• Being advised by your employer to leave the UK temporarily
• Needing to work or study remotely from outside the UK

These absences may be disregarded if properly documented with evidence of the COVID-19 related reason.

Compelling or Compassionate Circumstances

Absences beyond the 180-day limit may be overlooked in exceptional cases such as:

• Serious illness of the applicant or a close family member
• Natural disasters preventing return to the UK
• Civil unrest or conflict in your location

Strong evidence must be provided to support these claims.

In conclusion

Understanding continuous residence requirements is essential for a successful ILR application. By carefully calculating your qualifying period, maintaining lawful status, limiting absences, and thoroughly documenting your UK residence, you can significantly increase your chances of securing Indefinite Leave to Remain.