ILR absences are strictly limited. To qualify for Indefinite Leave to Remain (ILR), most people must not have spent more than 180 days outside the UK in any rolling 12-month period during their qualifying time. Too many days abroad can break your continuous residence, reset the clock and lead to a refused application and a lost fee.
- The limit is 180 days in any 12-month period, checked on a rolling basis, not by calendar year.
- Only whole days abroad count. The days you leave and return are not counted.
- Absences for serious, compelling reasons outside your control can sometimes be accepted.
- Earned settlement reforms have been proposed but, as of October 2026, have not yet changed the rules.
The 180-day rule explained
Most routes to settlement, including Skilled Worker, partner and the 10-year long residence route, now use the same continuous residence test in Appendix Continuous Residence of the Immigration Rules. You must not have been outside the UK for more than 180 days in any 12-month period during your qualifying period.
Before April 2024, the 10-year route used a different test based on total days abroad. If part of your residence falls before then, transitional rules may affect how that time is counted.
How rolling 12-month periods work
The Home Office does not look at January to December. It checks every possible 12-month window in your qualifying period. Two trips in different calendar years can still fall within the same 12 months.
| Trip | Dates | Whole days abroad |
|---|---|---|
| Trip 1 | 1 September to 30 November | 89 |
| Trip 2 | 1 March to 31 May (following year) | 90 |
| Total in the 12 months from 1 September | 179: within the limit | |
Each calendar year in this example shows only one trip, but both trips fall inside the same 12-month window. One more week away would take the total over 180 days.
What counts as a day of absence?
Any whole day you spend outside the UK counts, whatever the reason: holidays, family visits, business trips or study abroad. The day you leave and the day you come back are not counted as days of absence.
When long ILR absences can be accepted
The Home Office can disregard absences over the limit if they were for serious or compelling reasons outside your control, such as:
- your own serious illness, or that of a close relative;
- a natural disaster, conflict or civil unrest;
- major travel disruption that stopped you returning.
You will need strong evidence, and the decision is at the Home Office’s discretion. If you know an absence may be a problem, get advice before you apply.
Worried about your absences?
Send us your travel history. An IAUK adviser will check your absences against the rolling 12-month test and tell you the earliest safe date to apply for ILR.
Tips to keep your ILR absences within the limit
- Keep a travel log from the start of your qualifying period, with exact departure and return dates.
- Keep boarding passes, booking confirmations and passport stamps as evidence.
- Before booking a long trip, count your days for every 12-month window it touches.
- Apply as early as your route allows. The ILR fee is £3,226 from April 2026 and is not refunded if you are refused.
Earned settlement: what may change
In November 2025 the government consulted on an earned settlement model. It would make 10 years the standard qualifying period for most people, with shorter or longer periods depending on contribution, earnings and compliance. As of October 2026, these changes have not yet been made to the Immigration Rules, and the current routes and absence rules still apply.
One change has been confirmed: the English language requirement for settlement rises from B1 to B2 for applications made from 26 March 2027.
After ILR, many people go on to apply for British citizenship, which has its own absence limits.
Frequently asked questions
How many days can I be outside the UK for ILR?
No more than 180 days in any rolling 12-month period during your qualifying period, for most routes.
Do the days I travel count as absences?
No. Only whole days spent outside the UK count. The days of departure and return are not counted.
What happens if I go over 180 days?
Your continuous residence is normally broken, unless the absence was for serious or compelling reasons. You may have to start a new qualifying period.
Has the 10-year earned settlement rule started?
Not as of October 2026. The proposals have not yet been written into the Immigration Rules, so the current routes still apply.
Last reviewed: October 2026. Based on GOV.UK and the Immigration Rules. Settlement rules are under review, so we confirm the current position at your free assessment. This article is general information, not advice on your individual case.
Sources: GOV.UK: settle in the UK, Immigration Rules: Appendix Continuous Residence.