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Long Residence ILR – Absence calculation (pre‑2018 + 184 vs 180 rule clarification)

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Nbhg1123
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ILR 10-Year Long Residence

Post by Nbhg1123 » Mon Sep 15, 2025 4:36 pm

Hi Zimba,
Could you please help clarify my eligibility for 10-year Long Residence ILR based on the following timeline?


Short Term ICT Visa

Approved: 04-07-2016
Entered UK: 23-07-2016
Left UK: 26-01-2017

ICT Long Term Visa

Approved: 23-06-2017
Re-entered UK: 09-07-2017
Gap between UK stays: 164 days

Switched to Skilled Worker Visa: June 2022

Currently in the UK with valid leave

I left and re-entered the UK with valid permission, and the gap between stays was 164 days. Based on this, would my continuous residence be preserved for the 10-year ILR route?
If so, can I apply from 06-06-2026, which is 28 days before the 10-year anniversary of my initial visa grant date (04-07-2016)?
Thanks so much for your help!

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zimba
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Re: ILR 10-Year Long Residence

Post by zimba » Tue Sep 16, 2025 1:02 am

There is no issue with that gap.

Read item 3 here: Lawful and continuous residence changes to Long Residence route from 11 April 2024

It is totally fine to apply on 06-06-2026, however note that the date of application has nothing to do with the 28-day concession.

Read: All you need to know about applying early, the application date, 28-day concession and more
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Nbhg1123
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Re: ILR 10-Year Long Residence

Post by Nbhg1123 » Wed Sep 17, 2025 10:29 am

zimba wrote:
Tue Sep 16, 2025 1:02 am
There is no issue with that gap.

Read item 3 here: Lawful and continuous residence changes to Long Residence route from 11 April 2024

It is totally fine to apply on 06-06-2026, however note that the date of application has nothing to do with the 28-day concession.

Read: All you need to know about applying early, the application date, 28-day concession and more
1)i was referring Data of approval as 04-07-2016 not the date of application and if i apply on 06-0-2026 via Super priority hope date of decision of ilr is on Par with requirement .

2)Additional Question : One piece of advice received from Solicitor is that ICT short-term visas cannot be used toward the 10-year Indefinite Leave to Remain (ILR) route, and only long-term ICT visas are eligible. Is there any official guidance from UKVI that confirms this? or other wise

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zimba
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Re: ILR 10-Year Long Residence

Post by zimba » Wed Sep 17, 2025 11:45 am

1. The date of initial approval is irrelevant, as the qualifying period is counted backwards from the date of ILR decision. The date of initial visa approval only allows you to figure out when is the earliest you could qualify for ILR, so that you can aim for that date to be on or after your date of ILR decision. That is the point I was making

2. That is incorrect. Many saw the phrase 'short term' somewhere and then made up claims like that the short term visas will not count. However, as per the immigration rules only time spent in the UK, as a visitor, short-term student, seasonal worker or the Ukraine Scheme is excluded.

Do not take advice from people who did not even read the official guides: https://assets.publishing.service.gov.u ... idence.pdf
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Nbhg1123
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Re: ILR 10-Year Long Residence

Post by Nbhg1123 » Mon Oct 06, 2025 2:45 pm

Thanks for the clarification. Zimba ,I have a follow-up question: Can I submit my ILR application before 06 June 2026 and attend my biometric appointment on or after 06 June 2026 — considering my 10-year qualifying period ends on 04 July 2026 (i.e., 28 days before is 06 June)? Or does the application itself need to be submitted exactly on or after 06 June 2026 to meet the 28-day rule? or is my calculation here totally wrong ?

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zimba
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Re: ILR 10-Year Long Residence

Post by zimba » Mon Oct 06, 2025 3:12 pm

You do not seem to read what is being said. I already told you the date of application is not critical. I provided the links that you need to read and understand the 28-day concession. I am not sure why I have to repeat the same thing again :roll:
zimba wrote:
Tue Sep 16, 2025 1:02 am
There is no issue with that gap.

Read item 3 here: Lawful and continuous residence changes to Long Residence route from 11 April 2024

It is totally fine to apply on 06-06-2026, however note that the date of application has nothing to do with the 28-day concession.

Read: All you need to know about applying early, the application date, 28-day concession and more
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Nbhg1123
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Posts: 11
Joined: Sun May 11, 2025 11:23 am
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Long Residence ILR – Absence calculation (pre‑2018 + 184 vs 180 rule clarification)

Post by Nbhg1123 » Thu May 21, 2026 11:45 am

Hi all,

I have read Zimba's post viewtopic.php?t=336067 Re: Lawful and continuous residence changes to Long Residence route from 11 April 2024 however I’m seeking clarification on absence calculation under the 10‑year Long Residence route, based on the Home Office Continuous Residence guidance (sections 6.5 and 6.6):
https://www.gov.uk/government/publicati ... g-absences
From the guidance:

6.5: Absences during permission granted before 11 Jan 2018 are assessed in consecutive 12‑month periods (not rolling)
6.6: All time outside the UK counts as absence, including periods before first entry after visa issue [migrate-uk.com]
My scenario

Visa issued: 4 July 2016
First entry: 23 July 2016 → 19 days pre‑entry absence
Main absence: 27 Jan 2017 → 9 July 2017 = 162 days
Questions
For this 2016–2017 period, is it correct that absences should be assessed using a fixed 12‑month block (consecutive method) rather than a rolling 180‑day calculation, given that the permission was granted before 11 January 2018?


For Long Residence (pre‑11 April 2024 rules), is it correct that the 184‑day limit applies only to a single continuous absence, meaning my 162‑day absence is compliant, and this limit is not applied cumulatively?
In this case:

Pre‑entry absence = 19 days
Next absence = 162 days
Combined ≈ 181 days within a similar timeframe

As i am to apply using visa grant date on June 6th ,Could this combined total (~181 days) cause any issue under the 180‑day / 12‑month rule, or should these be assessed strictly under:

the consecutive 12‑month method (for pre‑2018 permission), and
the single absence rule (184 days)?


As i am to apply using visa grant date on June 6th
Would appreciate if anyone can share a specific Home Office link, guidance reference, example confirming whether such separate but closely timed absences (e.g. 19 + 162) can create issues under the absence rules.

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CR001
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Re: Long Residence ILR – Absence calculation (pre‑2018 + 184 vs 180 rule clarification)

Post by CR001 » Thu May 21, 2026 1:33 pm

Topics Merged!!
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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zimba
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Re: Long Residence ILR – Absence calculation (pre‑2018 + 184 vs 180 rule clarification)

Post by zimba » Thu May 21, 2026 4:08 pm

Nbhg1123 wrote:
Thu May 21, 2026 11:45 am
Hi all,

I have read Zimba's post viewtopic.php?t=336067 Re: Lawful and continuous residence changes to Long Residence route from 11 April 2024 however I’m seeking clarification on absence calculation under the 10‑year Long Residence route, based on the Home Office Continuous Residence guidance (sections 6.5 and 6.6):
https://www.gov.uk/government/publicati ... g-absences
From the guidance:

6.5: Absences during permission granted before 11 Jan 2018 are assessed in consecutive 12‑month periods (not rolling)
6.6: All time outside the UK counts as absence, including periods before first entry after visa issue [migrate-uk.com]
My scenario

Visa issued: 4 July 2016
First entry: 23 July 2016 → 19 days pre‑entry absence
Main absence: 27 Jan 2017 → 9 July 2017 = 162 days
Questions
For this 2016–2017 period, is it correct that absences should be assessed using a fixed 12‑month block (consecutive method) rather than a rolling 180‑day calculation, given that the permission was granted before 11 January 2018?


For Long Residence (pre‑11 April 2024 rules), is it correct that the 184‑day limit applies only to a single continuous absence, meaning my 162‑day absence is compliant, and this limit is not applied cumulatively?
In this case:

Pre‑entry absence = 19 days
Next absence = 162 days
Combined ≈ 181 days within a similar timeframe

As i am to apply using visa grant date on June 6th ,Could this combined total (~181 days) cause any issue under the 180‑day / 12‑month rule, or should these be assessed strictly under:

the consecutive 12‑month method (for pre‑2018 permission), and
the single absence rule (184 days)?


As i am to apply using visa grant date on June 6th
Would appreciate if anyone can share a specific Home Office link, guidance reference, example confirming whether such separate but closely timed absences (e.g. 19 + 162) can create issues under the absence rules.
For any absence periods started before 11 April 2024, the 184‑day limit applies only to a single continuous absence. Under the long residence, the rule changes in place since 11 January 2018 are NOT relevant at all. The continuous residence guide does not make this clear but the note regarding the long residence route at the end of 6.5 kind of refers to this fact :!:
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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