ILR Continuous Residence Calculator — 5 & 10 Year Rules Explained
Continuous residence is at the core of Indefinite Leave to Remain (ILR) eligibility. This guide explains the 5-year and potential 10-year rules, how absences are calculated, and what documents to keep. Use our ILR eligibility tool to model your timeline with these rules.
Understanding continuous residence
Continuous residence means living lawfully in the UK without breaking the permitted absence thresholds. Under the standard 5-year ILR route, applicants must not exceed 180 days outside the UK in any rolling 12-month period. A potential 10-year rule would apply the same test across a longer baseline.
Calculate your 5-year continuous residence
Track your qualifying years and ensure you meet UK continuous residence rules.
Rolling 12-month rule
The rule is applied daily: for each date in your qualifying period, caseworkers check the preceding 12 months’ absences. If any rolling window exceeds 180 days, continuous residence is broken.
Check your 180-day rolling absences
Log your trips outside the UK and automatically check against the rolling limit.
Bridging the 5- and 10-year baselines
If the baseline extends from 5 to 10 years, the mechanics remain identical — it simply increases the total period under review. Use the ILR calculator to model both timelines and confirm your earliest eligibility date.
Documentary evidence to keep
- Passports and travel records (stamps, boarding passes).
- Payslips, tenancy agreements, and council tax bills.
- GP or school records that prove ongoing residence in the UK.
One authoritative reference
For official rules on continuous residence, see GOV.UK guidance: GOV.UK — ILR continuous residence rules
Quick checklist
- Track absences against the 180-day rolling limit.
- Save documentary evidence for each year of residence.
- Use the ILR calculator to confirm your eligibility date.
Related guides
- Absence Calculator Guide — counting absences & 180-day test
- Settlement Route Eligibility Guide — compare ILR pathways
- Income & Financial Requirements Guide
FAQs
What breaks continuous residence?
Absences exceeding 180 days in any 12-month period, or unlawful residence (overstaying), will break continuous residence.
Do short business trips count as absences?
Yes — all time outside the UK counts, regardless of reason, unless an exemption is explicitly stated in the rules.
If rules change to 10 years, will my absences be recalculated?
Yes — the same 180-day rule would apply, but across a longer period. Check timelines with the ILR calculator to see both scenarios.
Updated: 7 June 2026 — track absences carefully and use the ILR calculator to confirm eligibility under both 5- and 10-year rules.
What Breaks Continuous Residence?
To qualify for Indefinite Leave to Remain, you must demonstrate "continuous residence" in the UK for the required period (typically 5 or 10 years). Continuous residence is a legal concept defined in Appendix Continuous Residence of the Immigration Rules. It can be broken by several actions, the most common of which is exceeding the absence limit.
Continuous residence is also broken immediately if:
- You are convicted of an offense and sentenced to a period of imprisonment (including suspended sentences if they are subsequently activated).
- You are subject to a deportation order, exclusion order, or are removed from the UK by border authorities.
- You leave the UK without a valid visa, or your visa expires while you are outside the UK and you do not apply for a new visa within 14 days (subject to overstaying rules).
Applying for Discretion for Excessive Absences
If your continuous residence is technically broken due to absences that exceed 180 days in a rolling 12-month window, you must make a formal request for caseworker discretion. You must demonstrate that the excess absences were due to serious, compelling, and unavoidable circumstances.
When drafting your explanation, present a clear timeline of events. For instance, if you were stranded overseas due to a travel ban or a medical emergency, provide hospital letterheads, flight cancellation notices, and embassy statements. The Home Office assesses these requests on a case-by-case basis, and having a comprehensive and structured pack of supporting documents is critical to getting approval.
The Rolling 180-Day Absence Test
For applications submitted under the current rules, the limit on absences is 180 days in any rolling 12-month period. This rolling test is applied by caseworkers who check every possible 12-month block across your qualifying residence.
This is a major change from the pre-2018 rules, which counted absences in discrete 12-month blocks counted back from the date of the application. Under the rolling rules, if you had a period of high travel in 2023, it will be checked against the rolling window, even if your travel in 2024 and 2025 was very low. Use our absence tool to audit your trip records to ensure compliance.
How Gaps Between Visas Affect Residence
If you switched visa categories within the UK (for example, from a Student visa to a Skilled Worker visa), the gap between the expiry of your old visa and the grant of your new visa must be analyzed. If you submitted your new application before the old visa expired, you are protected by Section 3C of the Immigration Act, and your continuous residence remains intact.
However, if you submitted your application after your visa expired, you are considered an "overstayer." While the Home Office has a 14-day grace period for overstaying due to good reasons, this period does not count toward your continuous residence. Any period of overstaying will break your qualifying clock, forcing you to restart your 5-year count.
Evidence of Continuous Presence in the UK
In addition to checking your passports for travel stamps, caseworkers may request evidence to prove you were physically living in the UK during your qualifying years. This is especially true for applicants who have spent significant time working from home or have complex travel history.
The best evidence to compile includes:
- Tenancy agreements or mortgage statements covering each year of residence.
- Utility bills (gas, electricity, water, council tax) showing continuous billing.
- Bank statements showing regular, local debit card transactions in UK supermarkets and transport networks.
- Employment contracts and letters from your employer confirming your physical work location.
Continuous Residence Checklist
Verify your continuous residence status with these check steps:
- Audit Visa Gaps: Review all historical visa application dates and approval dates to ensure no gaps exist.
- Absence Log: Doublecheck every rolling 12-month period to confirm no block exceeds 180 days.
- Section 3C Compliance: Verify that all extensions were submitted prior to the expiry of the preceding visa.
- Physical Address Log: Compile a complete list of your UK residential addresses for the last 5 or 10 years.
- Official Records: Run a Home Office SAR to compare your entries/exits against official border tracking database.