What is continuous residence?

Continuous residence is a requirement that a person has lived in the UK without a break for the whole qualifying period of their route. Under most settlement routes, a break occurs if they spend too long outside the UK, lose lawful permission, are imprisoned, or become subject to removal. Different routes use different tests.

How continuous residence works

Many settlement routes ask for a qualifying period, such as 5 or 10 years. Appendix Continuous Residence of the Immigration Rules sets out how the continuous residence requirement is met. A person must have been resident in the UK with permission for the qualifying period of their route. Their continuous residence must not be broken, and their absences must not go over the maximum.^{[1]Home Office, Immigration Rules Appendix Continuous Residence}

The qualifying period is counted back from whichever of several dates is most beneficial to the applicant. These include the date of application, any date up to 28 days after it, or the date of decision.^{[1]Home Office, Immigration Rules Appendix Continuous Residence} The length of the period depends on the route.^{[1]Home Office, Immigration Rules Appendix Continuous Residence}

The Appendix applies to settlement on routes including Skilled Worker, Global Talent, Innovator Founder, UK Ancestry, Settlement Family Life, Private Life and Long Residence.^{[1]Home Office, Immigration Rules Appendix Continuous Residence} Our pages on long residence and the 180-day absence rule cover those two parts in more detail.

What breaks continuous residence

The Rules say continuous residence is broken in these cases. Each has listed exceptions, so the Rules should be read in full.^{[1]Home Office, Immigration Rules Appendix Continuous Residence}

Time in the UK does not count towards the qualifying period if the person was not lawfully present. For example, time under a deportation order or time without permission when permission was needed does not count.^{[1]Home Office, Immigration Rules Appendix Continuous Residence} See our page on overstaying.

Absences

The main absence test is in the Rules: you must not have been outside the UK for more than 180 days in any 12-month period.^{[1]Home Office, Immigration Rules Appendix Continuous Residence} Some absences are not counted. These include travel disruption due to natural disaster, military conflict or pandemic, and compelling and compassionate personal circumstances such as the life-threatening illness of the applicant or a close family member.^{[1]Home Office, Immigration Rules Appendix Continuous Residence}

Absences are generally considered on a rolling basis for permission granted on or after 11 January 2018, so they are checked in any 12-month period they may fall within. For permission granted before that date, they are looked at in consecutive 12-month periods ending on the date of application.^{[2]Home Office, Continuous residence: caseworker guidance (accessible version)} Only whole days of absence are counted.^{[2]Home Office, Continuous residence: caseworker guidance (accessible version)}

Different tests on different routes

The 180-day test is not the only absence test. The table shows others from GOV.UK.

The 180-day test comes from Appendix Continuous Residence.^{[1]Home Office, Immigration Rules Appendix Continuous Residence} The long residence figures come from GOV.UK’s long residence page.^{[3]Home Office, Long residence: Eligibility} The EU Settlement Scheme test comes from the scheme guidance.^{[4]Home Office, Apply to the EU Settlement Scheme: What you will get} The citizenship figures come from GOV.UK’s citizenship page.^{[5]Home Office, Apply for citizenship if you have indefinite leave to remain or 'settled status'}

For the EU Settlement Scheme, some longer absences do not break continuous residence. Examples are one period of up to 12 months for an important reason such as childbirth, serious illness, study or an overseas work posting, and compulsory military service of any length.^{[4]Home Office, Apply to the EU Settlement Scheme: What you will get}

Example

Priya is on a Skilled Worker route. In one 12-month period she spends 70 days abroad on business and 50 days on family visits, so 120 days in total. That is within the 180-day limit, so her continuous residence is not broken by absence.

If, in the same period, she had also spent a further 70 days abroad, the total would be 190 days, which is over the limit. Unless an exception applied, continuous residence would be broken. This example uses invented facts. It is not advice on a real case.

What people get wrong

Many people check only one 12-month window, such as the calendar year. For permission granted on or after 11 January 2018, absences are considered on a rolling basis in any 12-month period, not only in fixed periods.

A second mistake is to assume the same test applies everywhere. As the table shows, the EU Settlement Scheme, long residence before 11 April 2024 and citizenship each use different rules.

The rolling basis comes from the Home Office caseworker guidance.^{[2]Home Office, Continuous residence: caseworker guidance (accessible version)}

The bottom line

Continuous residence means an unbroken qualifying period in the UK, and each route sets its own length and its own absence test. For most settlement routes under Appendix Continuous Residence the limit is 180 days outside the UK in any 12-month period. Other events, such as imprisonment or time without permission, can also break it. Check the rules for your route before you travel.