The continuous residence requirement is where most 10-year ILR applications face scrutiny or refusal. You must have been physically present in the UK throughout the entire 10-year qualifying period without excessive absences that break continuity.
Absence limits before and after 11 April 2024
The absence rules changed significantly in April 2024, creating a transitional framework for 2026 applicants whose residence period spans both old and new rules:
For residence accrued before 11 April 2024: You must not have been outside the UK for more than 184 days (6 months) in any single absence, and total absences across the entire pre-April 2024 period must not exceed 548 days (18 months).
For residence accrued from 11 April 2024 onwards: The standard 180-day rule applies—you must not be outside the UK for more than 180 days in any rolling 12-month period. The 548-day total cap no longer applies to this portion of your qualifying period.
Rolling 12-month period calculation
The 180-day limit uses a rolling calculation, not fixed calendar years. The Home Office examines any 12-month span within your qualifying period. This means if you traveled extensively during summer 2024 and again during winter 2024-2025, those absences could combine to exceed 180 days within a single 12-month window, even if each trip individually seemed acceptable.
Only full 24-hour periods count as absence days. Part-days (departure or arrival days) are not included in the calculation. Time spent in the Channel Islands or Isle of Man does not count as time spent in the UK for continuous residence purposes.
Permitted reasons for excess absences
Limited circumstances allow absences exceeding standard thresholds if you can demonstrate compelling or compassionate reasons. The Home Office may exercise discretion when excess absences resulted from natural disasters, military conflicts, global pandemics (including COVID-19 disruptions), life-threatening illness or death of close family members, your own life-threatening illness, or other serious unforeseeable events beyond your control. You must provide documentary evidence supporting any claimed permitted reason—mere assertions will not suffice.
What breaks continuous residence permanently
Your 10-year continuous residence will be broken if you were convicted of a criminal offence resulting in immediate imprisonment (suspended sentences do not break residence), detained under immigration powers, subject to deportation order or removal directions, or present in the UK without valid immigration permission at any point during the qualifying period (unless discretion under paragraph 39E applies).