The continuous residence requirement is the cornerstone of UK settlement applications, determining whether you qualify for Indefinite Leave to Remain (ILR) or British citizenship. With 158,137 settlement grants issued in the year ending September 2025 and major policy changes expected from April 2026, understanding these rules has never been more critical.
Understanding the Continuous Residence Requirement in the UK for 2026
The continuous residence requirement is one of the most critical criteria for anyone seeking Indefinite Leave to Remain (ILR) or British citizenship in the UK. This rule requires applicants to demonstrate they have lived in the UK without significant breaks, proving their genuine commitment to making Britain their permanent home.
With the Home Office reporting 158,137 settlement grants in the year ending September 2025—a 6% increase from the previous year—understanding these requirements has never been more important. However, major changes are on the horizon that could fundamentally transform the settlement landscape for migrants across all visa categories.
This comprehensive guide covers everything you need to know about the continuous residence requirement in 2026, including the 180-day absence rule, permitted exceptions, required documentation, and how the proposed earned settlement system may affect your immigration journey. Whether you're a skilled worker, family visa holder, or EU citizen with settled status, this guide provides the essential information to navigate your path to permanent UK residency.
What Is the Continuous Residence Requirement?
The continuous residence requirement is a UK immigration rule requiring applicants to live in the UK without significant breaks during their qualifying period. For most visa routes, this means not being absent for more than 180 days in any rolling 12-month period over 5 years to qualify for Indefinite Leave to Remain (ILR).
The continuous residence requirement is a fundamental criterion under UK immigration law that requires applicants to demonstrate they have lived in the UK consistently over a qualifying period. This requirement applies to most settlement applications, including those for Indefinite Leave to Remain (ILR) and British citizenship through naturalisation.
Under the current rules set out in Appendix Continuous Residence, applicants must not exceed certain absence limits from the UK during their qualifying period. The core principle is straightforward: if you want to settle permanently in the UK, you need to demonstrate you've actually been living here.
What Is the 180-Day Rule for UK Visas?
The 180-day rule states that applicants must not be absent from the UK for more than 180 days in any rolling 12-month period during their qualifying years. This applies to most ILR routes including Skilled Worker and Spouse visas. Every day outside the UK counts toward this limit, regardless of travel purpose.
For most immigration routes leading to ILR, applicants must not be absent from the UK for more than 180 days in any rolling 12-month period during their qualifying years. This calculation operates on a continuous basis—meaning every day you spend outside the UK counts toward your limit, regardless of the purpose of travel.
Continuous Residence Requirements by Visa Category
Different immigration routes have specific continuous residence criteria that applicants must understand and comply with throughout their qualifying period.
How Long Must Skilled Workers Live in the UK for ILR?
Skilled Worker visa holders must complete 5 years of continuous residence in the UK to qualify for ILR. During this period, they must not exceed 180 days absence in any 12-month period. The ILR application fee is £3,029 per person, with priority services available for faster processing.
Applicants on Skilled Worker visas (formerly Tier 2 General) must demonstrate 5 years of continuous residence to qualify for ILR. The 180-day rule applies throughout this period, though work-related travel may receive some flexibility where absences were agreed upon by the sponsor or required by the nature of the role. The current ILR application fee stands at £3,029 per person, with optional priority services available.
What Are the Requirements for Family Visa ILR?
Those on spouse or partner visas typically follow a 5-year pathway to settlement, provided they maintain a genuine and subsisting relationship. The continuous residence requirement ensures that couples are genuinely living together in the UK rather than maintaining a relationship across borders.
Do EU Settlement Scheme Rules Differ?
For EU citizens with pre-settled or settled status, the continuous residence rules operate slightly differently under the EU Settlement Scheme. Settled status holders can spend up to 5 consecutive years outside the UK without losing their status, while those with pre-settled status transitioning to settled status must not exceed 6 months absence in any 12-month period, with allowance for a single absence of up to 12 months for significant reasons.
Permitted Absences and Exceptions
While the continuous residence rules are strict, the Home Office does recognise that certain exceptional circumstances may justify absences beyond the standard limits. These exceptions are evaluated on a case-by-case basis and require substantial evidence.
What Circumstances Allow Exceeding the 180-Day Limit?
The Home Office may exercise discretion for absences due to serious illness, natural disasters, conflict or travel disruptions (including Covid-19), work obligations agreed with sponsors, and family emergencies such as bereavement. Each case requires substantial documentary evidence and is not guaranteed approval.
The following situations may warrant discretionary consideration for extended absences:
- Serious illness: Medical emergencies affecting the applicant or close family members abroad
- Natural disasters: Events preventing return to the UK such as earthquakes, floods, or similar catastrophes
- Conflict and travel disruptions: War, civil unrest, or pandemic-related travel restrictions (such as Covid-19)
- Work obligations: Certain visa categories may allow work-related travel without counting toward absence limits
- Family emergencies: Bereavement or caring responsibilities for close relatives
Applicants relying on these exceptions must provide comprehensive documentation and evidence supporting their reasons for extended absence. Professional immigration advice is strongly recommended in such cases.
Proving Continuous Residence: Essential Documentation
Successful ILR applications require meticulous documentation demonstrating your continuous presence in the UK throughout the qualifying period. The Home Office expects clear, consistent evidence covering the entirety of your residence.
What Documents Do I Need to Prove Continuous Residence?
Essential documents include all passports (current and expired) with entry/exit stamps, P60s for each tax year, utility bills, council tax statements, bank statements showing UK transactions, NHS registration records, tenancy agreements or mortgage statements, and official letters from HMRC or local councils.
- All current and expired passports with entry/exit stamps
- P60s and employment records for each tax year
- Utility bills and council tax statements in your name
- Bank statements showing regular UK transactions
- NHS registration and medical/dental records
- Tenancy agreements or mortgage statements
- Letters from official authorities (HMRC, local council, schools)
- Travel records including boarding passes and tickets
These documents collectively demonstrate your integration into UK society and provide verifiable proof of your residence throughout the qualifying period. Keep copies of everything—digital backups are strongly recommended.
Major 2026 Changes: The Earned Settlement System
The UK immigration policy landscape is undergoing significant transformation. Following the May 2025 Immigration White Paper, the Government launched an "Earned Settlement" consultation in November 2025, proposing fundamental changes to how migrants qualify for permanent residence.
What Are the Proposed Earned Settlement Changes?
The proposed earned settlement system would extend the standard ILR qualifying period from 5 to 10 years for most visa routes. Higher earners (£125,140+) may qualify in as few as 3 years. The consultation closes 12 February 2026, with new rules expected from April 2026. EU Settlement Scheme holders and partners of British citizens are exempt.
Under the proposed earned settlement model:
- Extended baseline period: Standard qualifying period increases from 5 to 10 years for most routes
- Contribution-based reductions: Higher earners (£125,140+) may qualify in as few as 3 years
- English language: B2 level required (increased from B1) from 8 January 2026
- Income requirement: Minimum £12,570 annual earnings for 3-5 years
- Dependants: Adult dependants must qualify in their own right
- Long residence route: May be abolished entirely
Who Is Exempt from the Earned Settlement Changes?
The proposed changes will primarily impact Points-Based System migrants, including those on Skilled Worker, Scale-up, and other economic migration routes. However, certain groups are explicitly exempt from these changes:
- Partners of British citizens: 5-year route to settlement preserved
- EU Settlement Scheme holders: Existing rights fully protected
- Victims of domestic abuse: Current settlement provisions maintained
- Those already granted ILR: Existing settlement status unaffected
Tips for Maintaining Continuous Residence
Successfully navigating the continuous residence requirement requires careful planning and diligent record-keeping throughout your qualifying period.
How Can I Track My UK Absences Effectively?
Maintain a detailed travel diary recording every trip outside the UK with exact dates, destinations, and purposes. Calculate cumulative absences regularly using the rolling 12-month method. Retain all boarding passes, tickets, and hotel invoices as evidence. You can apply for ILR up to 28 days before completing your qualifying period.
Maintain a detailed travel diary — Record every trip outside the UK, including exact dates, destinations, and purposes. Calculate your cumulative absences regularly to ensure you stay within limits.
Plan travel strategically — If you need to travel frequently for work or family reasons, space your trips carefully to avoid consecutive long absences. Consider the rolling 12-month calculation when booking travel.
Keep supporting documents — Retain all boarding passes, travel tickets, and hotel invoices. These provide crucial evidence if questions arise about your absence periods.
Stay informed on policy changes — Immigration rules can change with relatively short notice. Regular checks of GOV.UK immigration guidance and professional updates ensure you remain compliant with current requirements.
Consider early application — You can apply for ILR up to 28 days before completing your qualifying period. Given the proposed changes, those currently eligible may benefit from submitting applications promptly.
- Maximum 180 days absence in any 12-month period for most ILR routes
- Major changes expected April 2026 — baseline period may increase to 10 years
- EU Settlement Scheme and partners of British citizens are exempt from proposed changes
- Document everything — passports, travel records, P60s, utility bills are essential
- Apply up to 28 days early if currently eligible for ILR
Note: Time spent in the UK on certain short-term visas, such as Standard Visitor or Short-term Study visas, does not count toward continuous residence for ILR purposes. Similarly, switching between visa categories requires careful consideration to ensure continuity is maintained.
Frequently Asked Questions About UK Continuous Residence Requirement
What is the 180-day rule for UK continuous residence?
The 180-day rule requires that you must not be absent from the UK for more than 180 days in any rolling 12-month period during your qualifying years. This calculation operates continuously, meaning every day outside the UK counts toward your limit regardless of the purpose of travel, including holidays and business trips.
How long do I need to live in the UK for continuous residence?
Currently, most routes require 5 years of continuous residence for ILR, while Global Talent and Innovator Founder visas allow settlement after 3 years. The long residence route requires 10 years. However, proposed changes from April 2026 may extend the standard period to 10 years for most applicants, with contribution-based adjustments allowing some to qualify sooner.
What breaks continuous residence in the UK?
Continuous residence is considered broken if you exceed 180 days outside the UK in any 12-month period, are subject to any deportation or exclusion order, or do not have valid immigration permission to stay. Overstaying your visa also does not count toward continuous residence. Significant breaks may require you to restart your qualifying period.
What documents prove continuous residence in the UK?
Essential documents include all current and expired passports with entry/exit stamps, P60s and employment records, utility bills and council tax statements, bank statements showing regular UK transactions, NHS registration, tenancy agreements or mortgage statements, and letters from official authorities. These collectively demonstrate your presence and integration in UK society.
Will the earned settlement changes affect EU citizens?
No. People with status under the EU Settlement Scheme are explicitly "out of scope" of the proposed earned settlement changes. Your existing rights to permanent residence after 5 years continuous residence will be fully preserved. Settled status holders can also spend up to 5 consecutive years outside the UK without losing their status.
Can I exceed the 180-day absence limit for exceptional reasons?
The Home Office may exercise discretion for absences due to compelling or compassionate circumstances, such as serious illness, natural disasters, conflict preventing travel, or family emergencies. However, these exceptions are evaluated case-by-case and are not guaranteed. You must provide substantial evidence and documentation to support your claim, and professional legal advice is strongly recommended.
How much does ILR cost and how long does it take?
The standard ILR application fee is £3,029 per person as of 2025. Standard processing can take up to 6 months. Priority service (£500 additional) provides decisions within 5 working days, while super priority service (£1,000 additional) offers next-day decisions. You can apply up to 28 days before completing your qualifying residence period.
Should I apply for ILR now before the 2026 changes?
If you are currently eligible or will become eligible before April 2026, it may be beneficial to submit your application under the current rules. The proposed earned settlement system would apply to anyone not already granted ILR when the changes take effect. Applications pending at the time of changes should be decided under current rules, but submitting early removes uncertainty. Seek professional advice to assess your specific situation.