Permitted Absences Under Appendix Continuous Residence

1. Introduction

Our earlier post, Indefinite Leave to Remain (ILR): Which UK Visas Lead to Settlement?, explains which visas provide routes to indefinite leave to remain (ILR) in the UK. As explained in that post, many routes to ILR require showing a period of continuous residence in the UK – the length of the period of continuous residence needed varies depending on the route. Further, what counts as 'continuous residence' depends on the type of visa that you are on.

This post discusses the guidance on permitted absences under Appendix Continuous Residence. The information in this post applies to applications made under the following routes (former names of the routes are given in brackets):

• Skilled Worker (Tier 2 General);
• Representative of an Overseas Business (Media Representative or Sole Representative);
• Global Talent (Tier 1 (Exceptional Talent));
• Innovator Founder;
• Appendix T2 Minister of Religion (Tier 2 Minister of Religion);
• Appendix International Sportsperson;
• Appendix UK Ancestry;
• Scale-up;
• Appendix Settlement Family Life;
• Appendix Private Life (settlement only, apart from where the applicant is applying to settle as a child born in the UK);
• Hong Kong BN(O) Status Holder Visa;
• Appendix HM Armed Forces (only settlement as a Partner or Child); and
• Long Residence ILR under Appendix Long Residence.

For the above visas, the rules on what counts as 'continuous residence' are set out in Appendix Continuous Residence of the Immigration Rules.

2. What are Permitted Absences?

The general rule under Appendix Continuous Residence is that an applicant must not have been outside the UK for more than 180 days in any rolling 12 month period. For applicants applying for ILR on the basis of ten years' long residence in the UK, the applicable rules changed on 11 April 2024 and transitional provisions are in place.

Where part of the ten year period relied on is before 11 April 2024 (even where the application is made after this date), total absences for the part of the period before 11 April 2024 must not add up to more than 548 days, and any single absence beginning before 11 April 2024 must not be more than 184 days. For parts of ten year periods running after 11 April 2024, the rule that the Applicant must not have been outside the UK for more than 180 days in any rolling 12 month period applies. See our earlier post, New Guidance Clarifies Long Residence ILR 548-Day Absence Rule, on the changes.

However, there are some exceptions to the rule that applicants must not have been outside of the UK for more than 180 days in any 12 month period. These are listed at paragraph CR 2.3 of Appendix Continuous Residence; absences where one of the exceptions applies are described in Home Office Guidance as 'permitted absences'. If an absence was for one of the listed reasons, it will not be counted when calculating whether an applicant has been outside of the UK for more than 180 days in any 12 month period. In an application made under Appendix Long Residence, absences for one of these reasons will also not be counted when calculating whether an applicant's absences prior to 11 April 2024 total more than 548 days, or whether any single absence starting before 11 April 2024 was more than 184 days. If an applicant is applying as a dependent partner or child, and the person on whom they are dependent has a permitted absence, that absence will also not count when calculating the dependant's continuous residence period.

Paragraph CR 2.3 reads as follows:

CR 2.3. When calculating the period of absence in CR 2.1., CR 2.2. or CR 2.2A., any period spent outside the UK will not count towards the period of absence where the absence was for any of the following reasons:

(a) the applicant was assisting with a national or international humanitarian or environmental crisis overseas, providing if on a sponsored route their sponsor agreed to the absence for that purpose; or

(b) travel disruption due to natural disaster, military conflict or pandemic; or

(c) compelling and compassionate personal circumstances, such as the life-threatening illness of the applicant, or life-threatening illness or death of a close family member; or

(d) research activity undertaken by a Skilled Worker which was approved by their sponsor and where the applicant was sponsored for a job in one of the following SOC 2020 occupation codes:

• 2111 Chemical scientists
• 2112 Biological scientists
• 2113 Biochemists and biomedical scientists
• 2114 Physical scientists
• 2115 Social and humanities scientists
• 2119 Natural and social science professionals not elsewhere classified
• 2161 Research and development (R&D) managers
• 2162 Other researchers, unspecified discipline
• 2311 Higher education teaching professionals; or

(e) research activity undertaken by a person on the Global Talent route who was endorsed by:

• (i) The Royal Society; or
• (ii) The British Academy; or
• (iii) The Royal Academy of Engineering; or
• (iv) UKRI; or

(f) research activity undertaken by a person on the Global Talent route who qualified on the basis of a prize listed in table 6 of Appendix Global Talent: Prestigious Prizes; or

(g) for an applicant under Appendix Settlement Family Life, absences for work, study or supporting family overseas, so long as the family have throughout the period of absence maintained a family life in the UK and the UK remained their place of permanent residence; or

(h) where the applicant's partner is absent from the UK on Crown service as:

• (i) a regular member of HM Armed Forces (the Royal Navy, the Royal Marines, the Army (including the Brigade of Gurkhas) and the Royal Air Force); or
• (ii) an employee of the UK Government, a Northern Ireland department, the Scottish Administration or the Welsh Government; or
• (iii) a permanent member of the British Council, and the applicant accompanies them overseas.

The Home Office Guidance is clear that applicants arguing that an absence was for a permitted reason are expected to provide evidence of this. There is no list of specific evidence that is required, but the Guidance contains information on what caseworkers might expect to see. This is summarised below. If you need to argue that one or more of your UK absences was for a permitted reason, it is a good idea to seek legal advice on the evidence to provide with your application.

3. How to Prove a Permitted Absence

The Applicant Was Assisting With a National or International Humanitarian or Environmental Crisis Overseas

An absence will be a permitted absence if an applicant was assisting with a national or international humanitarian or environmental crisis overseas. The Guidance suggests applicants should provide documents from an official source that can be independently verified by the Home Office, showing the duration and purpose of any assistance.

If you are on a sponsored route, your sponsor must have agreed to the absence for this purpose. For example, if you are a skilled worker, your employer must have agreed to the absence. Home Office Guidance suggests that sponsored applicants should provide a letter from their sponsor agreeing to the absence for that purpose and confirming the start and end dates of the absence for that purpose. You should also provide evidence such as payslips or bank statements covering the period of absence, showing that you were still employed during that time.

The Applicant Was Assisting With a National or International Humanitarian or Environmental Crisis Overseas

If your travel was disrupted due to natural disaster, military conflict or pandemic, this may be considered a permitted absence. Home Office caseworkers are instructed to confirm, using publicly available and credible sources, that the relevant event occurred, for example by using the Foreign and Commonwealth Office travel advice pages. You will need to provide evidence of how your planned travel was affected by the events.

Compelling and Compassionate Personal Circumstances, Such as the Life-Threatening Illness of the Applicant, or Life-Threatening Illness or Death of a Close Family Member

Applicants may argue that a period of absence should not count towards the 180-day limit (or, for applications under Appendix Long residence, the 184-day and 548-day limits outlined above) if the absence was for compelling and compassionate reasons.

The rules and Guidance give the example of the life-threatening illness of the applicant, or the life-threatening illness or death of a close family member, indicating that a high threshold applies in assessing whether circumstances are compelling and compassionate. The Guidance states that a close family member for these purposes means a parent, stepparent, partner, child, grandparent, brother, sister, uncle, aunt, or grandchild.

For circumstances other than the life-threatening illness of the applicant or their close family member, or the death of a close family member, the Guidance suggests that a circumstance is more likely to be considered to fall within the exception if: the reasons given are credible and well evidenced; the circumstances were out of the applicant's control; the absence was in response to urgent or unexpected events, and if the applicant was prevented from returning to the UK or experienced a significant delay outside their control preventing them from returning to the UK.

The Applicant is expected to provide evidence of the circumstances. The Guidance suggests providing a letter setting out the details of the circumstances, along with supporting evidence. The following examples of the type of evidence expected are given:

• medical certificates or medical records that show:

• the applicant (or their dependent and/or child dependent) were unable to return to the UK due to factors such as ill health affecting themselves or family members

• urgent need to seek medical care from overseas services

• a medical appointment for the applicant that wasn't planned before leaving the UK and/or regularly taken overseas

• medical certificates or medical records attesting to life-threatening illness of a close family member

• evidence of the role the applicant has played as a carer to a close family member with a life-threatening or serious illness
• birth or death certificates

Permitted Absences for Research Linked to Work – Skilled Workers

If you have a Skilled Worker visa and you were absent in order to carry out research linked to your work, this will constitute a permitted absence if the absence was approved by your sponsor and you were sponsored for a job in one of the following SOC 2020 occupation codes (as listed at paragraph C.2.3 of Appendix Continuous Residence at the time of writing):

• 2111 Chemical scientists

• 2112 Biological scientists

• 2113 Biochemists and biomedical scientists

• 2114 Physical scientists

• 2115 Social and humanities scientists

• 2119 Natural and social science professionals not elsewhere classified

• 2161 Research and development (R&D) managers

• 2162 Other researchers, unspecified discipline
• 2311 Higher education teaching professionals.

If you do not know your job's occupation code, you should check your Certificate of Sponsorship.

The Home Office Guidance suggests you should provide a letter from your sponsor agreeing to the absence for this purpose and confirming the start and end dates of the absence. The Guidance also suggests that you should provide payslips or bank statements covering the period of absence to show that you remained employed during the period.

Permitted Absences for Research Linked to Work – Skilled Workers

If you are on a Global Talent visa and were absent for research purposes, this constitutes a permitted absence if your visa was based on endorsement by The Royal Society, The British Academy, The Royal Academy of Engineering, or UKRI. If you qualified for a Global Talent visa because you were awarded a prize listed in table 6 of Appendix Global Talent: Prestigious Prizes, an absence for research purposes will also constitute a permitted absence. The Home Office Guidance suggests that if you qualified for a Global Talent visa based on one of these options and state that an absence was for research purposes, this will be accepted without requiring further documentation.

Applicants Under Appendix Settlement Family Life

An application can be made under Appendix Settlement Family Life by those who have permission to stay as a partner or parent under Appendix FM and are on the ten year route to settlement. Appendix Continuous Residence contains a fairly broad exception for applicants on this route. Absences are permitted and will not count towards the relevant to the 180-day (or 184-day and 548-day) limits if they were for 'work, study or supporting family overseas, so long as the family have throughout the period of absence maintained a family life in the UK and the UK remained their place of permanent residence'.

Absence must be for work, study, or supporting family overseas

Applicants should provide evidence to show that the relevant absence was for work, study or supporting family overseas. If the absence was for work, the Home Office Guidance suggests applicants should provide a letter from their employer giving the reasons for the absence from the UK and the nature of the work being done outside the UK, and evidence such as payslips or bank statements covering the period of absence to show that the applicant was employed at the relevant time. For studies, the Guidance suggests that applicants should provide a letter confirming enrolment for studies abroad. If the absence was to support family overseas, the Guidance suggests providing evidence of the reason the family member needed support (e.g. evidence they were ill, elderly or needed childcare) and evidence of the role the applicant played (e.g. as a carer).

The family must have maintained a family life in the UK and the UK must have remained their place of permanent residence

There is no specific evidence required to meet the requirement that family life was maintained in the UK and that the UK remained the applicant's place of permanent residence.

If you left the UK but other family members (e.g. a partner and dependent children) remained in the UK, evidence of maintaining family life in the UK might include evidence of return visits to see your family in the UK. Evidence that the UK remained your place of permanent residence could include evidence of retention of the family home in the UK, demonstrated through utility bills in yours or your partner's name, and a tenancy agreement or mortgage agreement for your property in the UK.

If your whole family unit travelled abroad for the relevant period, the Guidance suggests that the Home Office will expect to see evidence that the absence was temporary. This might include evidence that the absence was a sabbatical, or that children were still enrolled in school, or evidence of property in the UK. The Guidance also suggests that, if the whole family travels abroad and is out of the UK for more than half the period of an applicant's leave (e.g. more than 15 months out of a 30 month period), this may indicate that the UK did not remain the Applicant's place of permanent residence.

Crown Service Dependants

Where you have accompanied your partner on Crown service, this is a permitted absence. Caseworkers may request confirmation from someone with sufficient authority within your partner's department to confirm your partner's position and the dates of their Crown Service.

4. What Happens if an Application Is Refused Because an Absence Is Not Accepted to Be a Permitted Absence?

If your application is refused on the basis that the Home Office do not accept that an absence was a permitted absence, depending on the immigration route you are on, you may either be able to appeal the decision, or request an administrative review. If neither are available, you may be able to bring a judicial review of the decision.

In an appeal, an independent judge would decide your case. You will only have a right of appeal if your claim is considered to be a human rights claim – this depends on the basis of the leave you currently hold and the route you were applying on. You should check whether your decision letter says you have a right of appeal. In an administrative review, the Home Office would consider whether a caseworking error was made in the original decision; additional evidence can only be considered in an administrative review in very limited circumstances, so it is important to ensure that all the relevant evidence is provided with your initial application. In a judicial review claim, a judge considers whether the Home Office acted lawfully in its decision but will not decide the merits of your case themselves. If you succeed in a judicial review claim, the Home Office would be required to remake its decision. For advice on which options may be available to you, on the merits of challenging a refusal of an application for indefinite leave to remain, or regarding making a new application, contact us using the details below.

5. Contact Our Immigration Barristers

The rules on absences when applying for indefinite leave to remain are complicated. Contact our immigration barristers in London on 0203 617 9173 or complete our enquiry form below.

6. Frequently Asked Questions

What is continuous residence, and how does it affect my ILR application?

Continuous residence refers to the requirement that applicants for indefinite leave to remain (ILR) in the UK must not spend more than a certain number of days outside the UK during their qualifying period. The length of the qualifying period and the specific rules about absences vary depending on the visa category.

What are 'permitted absences' under Appendix Continuous Residence?

Permitted absences are exceptions to the general rule that applicants must not have been outside the UK for more than 180 days in any rolling 12-month period. These exceptions include absences for reasons such as humanitarian work, travel disruptions, or compassionate circumstances, and they do not count towards the 180-day limit.

How does the 180-day rule work for absences from the UK?

Under Appendix Continuous Residence, applicants for ILR must not have been outside the UK for more than 180 days in any rolling 12-month period. For those applying on the basis of ten years' long residence, different rules apply depending on whether the absence occurred before or after 11 April 2024.

What exceptions exist for the 180-day rule on absences?

Exceptions include absences for assisting with humanitarian or environmental crises, travel disruptions due to natural disasters, military conflict, or pandemics, compelling and compassionate personal circumstances, research activities for certain visa holders, and absences related to Crown service or supporting family overseas.

How do the rules for continuous residence differ before and after 11 April 2024?

For periods before 11 April 2024, the total absences must not exceed 548 days, and no single absence can be longer than 184 days. For periods after 11 April 2024, the standard 180-day rule applies.

What evidence is required to prove a permitted absence?

The required evidence varies depending on the reason for the absence. Examples include letters from employers or sponsors, medical certificates, proof of travel disruptions, and documents supporting research activities. It's advisable to seek legal advice on what specific evidence to provide.

Can I count an absence due to a humanitarian or environmental crisis as a permitted absence?

Yes, if you were assisting with a humanitarian or environmental crisis overseas and, if on a sponsored route, your sponsor approved the absence. You should provide verifiable documents from an official source and a letter from your sponsor if applicable.

How do I prove an absence due to travel disruption, such as a natural disaster or pandemic?

You need to provide evidence showing how your travel plans were affected by the disruption. Home Office caseworkers may verify the event through credible sources. Examples of evidence include flight cancellations, government advisories, or other documentation related to the event.

What counts as compelling and compassionate circumstances for a permitted absence?

Examples include the life-threatening illness or death of the applicant or a close family member. The circumstances should be credible, well-evidenced, out of your control, and in response to urgent events. Supporting evidence, such as medical records or death certificates, is necessary.

Are research-related absences allowed for Skilled Workers or Global Talent visa holders?

Yes, for Skilled Workers, research-related absences are permitted if the absence was approved by their sponsor and related to specific SOC occupation codes. For Global Talent visa holders, research-related absences are permitted if the visa was endorsed by recognized institutions or awarded based on prestigious prizes.

What absences are allowed under Appendix Settlement Family Life?

Absences for work, study, or supporting family overseas are allowed if family life in the UK was maintained and the UK remained the applicant's place of permanent residence. Evidence supporting the reason for the absence and proof of ongoing ties to the UK are required.

How can I prove that my family life was maintained in the UK during an absence?

You may provide evidence such as return visits to the UK, utility bills, tenancy or mortgage agreements, and documentation showing the temporary nature of the absence. If the entire family was abroad, evidence of a sabbatical or children's school enrollment in the UK can be useful.

What happens if my ILR application is refused due to an unpermitted absence?

Depending on your immigration route, you may be able to appeal, request an administrative review, or seek a judicial review of the decision. The appropriate option will depend on the details of your case and the grounds for refusal.

Can I appeal or request a review if my ILR application is refused?

Yes, if your refusal involves a human rights claim, you may have a right to appeal. For other refusals, you might request an administrative review to correct caseworking errors or, in some cases, pursue a judicial review to challenge the legality of the decision.

How can I contact an immigration barrister for advice on my ILR application?

You can contact immigration barristers in London by calling 0203 617 9173 or completing the enquiry form provided by the firm. They can offer advice on your ILR application, potential appeals, or other related issues.

7. Glossary

Indefinite Leave to Remain (ILR): A form of immigration status in the UK that allows a person to live and work in the UK without time restrictions. ILR is often referred to as "settlement."

Continuous Residence: A requirement for ILR applicants, meaning the applicant must have spent a certain period of time living in the UK without significant breaks. The rules for what constitutes continuous residence vary depending on the visa category.

Appendix Continuous Residence: A section of the UK Immigration Rules that outlines the criteria for continuous residence, including permitted absences and the maximum number of days an applicant can be outside the UK during the qualifying period for ILR.

Permitted Absence: Specific reasons for being outside the UK that do not count against the continuous residence requirement. Examples include humanitarian work, travel disruptions, and compelling personal circumstances.

180-Day Rule: The general rule that an applicant for ILR must not have been outside the UK for more than 180 days in any rolling 12-month period during their qualifying period.

548-Day Rule: A rule applicable to those applying for ILR under the 10-year long residence route, which allows a total of 548 days of absence for periods before 11 April 2024. After this date, the 180-day rule applies.

Compelling and Compassionate Circumstances: Exceptional situations that may justify an extended absence from the UK, such as serious illness or the death of a close family member.

SOC Code: Standard Occupational Classification codes used to categorize jobs in the UK. Certain SOC codes are relevant for research-related absences under the Skilled Worker visa category.

Global Talent Visa: A visa route for individuals who are recognized as leaders or potential leaders in their field in academia or research, arts and culture, or digital technology. Research-related absences may be permitted for visa holders endorsed by certain institutions.

Appendix Settlement Family Life: A section of the UK Immigration Rules that allows individuals on the 10-year route to settlement as a partner or parent to have absences for work, study, or supporting family overseas, provided they maintain family life in the UK.

Crown Service: Employment with the UK government, armed forces, or other designated organizations. Dependents of Crown service members may be allowed absences from the UK without affecting continuous residence.

Administrative Review: A process by which the Home Office reconsiders a visa or immigration decision if the applicant believes there was a caseworking error. It is one of the options available if an ILR application is refused.

Judicial Review: A legal process in which a court reviews the lawfulness of a decision or action made by a public body, including the Home Office. It does not reassess the merits of the case but focuses on whether the decision was made lawfully.

Human Rights Claim: A type of claim made in an immigration application that asserts the applicant's rights under the European Convention on Human Rights. Such claims often provide a right to appeal if refused.

8. Additional Resources

Immigration Rules Appendix Continuous Residence

Official guidance on the continuous residence requirement, including permitted absences and specific rules for different visa categories.

Indefinite leave to remain: calculating continuous period in UK

Guidance on how to calculate continuous residence for ILR applications, including examples and exceptions to the rules.

Long Residence: Guidance

Information on the 10-year route to ILR, including the specific rules on absences and continuous residence.

Administrative Review Guidance

Detailed information on how to request an administrative review if a visa application is refused.

Judicial Review: Guidance

Overview of the judicial review process, including how to challenge a Home Office decision.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.