Unlocking Permanent Residency: Understanding the Continuous Residence Requirement
Are you on a visa and dreaming of settling in the UK permanently? Let’s talk about Indefinite Leave to Remain (ILR) and one of its key requirements: Continuous Residence.
What is ILR?
ILR is your ticket to living in the UK without any time limits. Once you get it, you can work, study, or even start your own business without any restrictions. Sounds amazing, right? But there’s a catch—meeting the Continuous Residence requirement.
So, what is Continuous Residence?
To apply for ILR, you need to show that you’ve lived in the UK for a specific number of years (this is called your “qualifying period”). For most Skilled Worker visa holders, this means five years. But it’s not just about being in the UK for those five years; it’s about how often you’ve been outside the UK during that time.
The Rule
You can’t be out of the UK for more than 180 days in any 12-month period during your qualifying years. But don’t stress — there’s more flexibility here than you might think!
How is it calculated?
Many people think they have to wait exactly five years from the date they entered the UK to apply for ILR. But here’s the good news: the immigration rules are actually more flexible!
Here’s how it works:
Count from your application date: You can count your qualifying period backwards from the day you apply. For example, if you apply on 15 August 2024, you can count back five years to 15 August 2019. Just make sure you haven’t been out of the UK for more than 180 days in any 12-month period.
Or 28 days after your application date: You can also count back from a date up to 28 days after you apply. This can help if you took a long trip abroad and want to avoid any issues with the 180-day rule.
Or even the decision date: If you apply and the decision takes a while (it can take up to six months), you can count your qualifying period from the date of the decision if it’s more beneficial.
Our Tip
Applying for ILR can be tricky, but with the right guidance, you can navigate the process smoothly. Stay informed, plan ahead, and don’t hesitate to seek expert advice when needed.
