The ILR absence rule: 180 days and 548 days explained
The key rules: (1) You must not spend more than 180 days outside the UK in any rolling 12-month period during your qualifying period. (2) Total absences across a 5-year qualifying period should not exceed 548 days. Breaking either rule can break your continuous residence and delay your ILR.
The 180-day rolling rule
The most commonly misunderstood rule. The Home Office assesses continuous residence by looking at any consecutive 12-month period within your qualifying period — not calendar years, not visa years, but any rolling 12-month window.
This means you need to check whether any 12-month period starting on any day contains more than 180 whole days outside the UK. It is not enough to check "did I exceed 180 days this calendar year."
You left the UK on 1 February 2024 and returned on 1 August 2024 — 181 days abroad. Even if you had no other absences in 2024, this single trip has broken the 180-day rule for the 12-month window starting 1 February 2024. Your continuous residence may be broken from that date.
How to count absence days
The Home Office guidance on ILR specifies that only whole days of absence count. The day you depart and the day you return are not counted as absence days — only the days in between.
You fly from London on 1 June and return to London on 10 June. Days outside UK: 2, 3, 4, 5, 6, 7, 8, 9 June = 8 days. Not 10 days.
The 548-day total limit
Over a standard 5-year (1,825-day) qualifying period, the Home Office expects you to have been present in the UK for the majority of that time. While the 180-day annual rule is the primary test, a total absence of more than 548 days over 5 years is a significant risk factor and may lead to a finding that continuous residence is broken.
548 days is approximately 30% of a 5-year period — so in practical terms, you can be outside the UK for just under 1 in 3 days on average, provided no single 12-month window exceeds 180 days.
What breaks continuous residence?
Continuous residence can be broken by:
- Any single absence exceeding 180 consecutive days
- Total absences that cast doubt on the UK as your primary residence (over 548 days is a significant risk)
- Any period without valid leave (gap between visas)
- Deportation order or removal from the UK
- Serious criminal conviction
⚠ If your continuous residence has been broken: Your qualifying period restarts from the date the break occurred. You should seek advice from a qualified immigration solicitor immediately. There are limited discretion provisions for absences that were genuinely exceptional (e.g. serious illness, bereavement), but these must be evidenced and are not guaranteed.
Business travel and remote work abroad
Absences for business travel count the same as absences for personal travel. There is no exemption for work-related absences. However, if you are sent abroad by a UK employer on a temporary assignment, you can request that the Home Office exercises discretion — this is not guaranteed and requires strong evidence including an employer letter confirming the overseas travel was required.
Remote work from outside the UK counts as an absence from the UK, not work "in" the UK, even if you are paid by a UK employer.
Frequently asked questions
Do I need to count transit days?
If you pass through another country's immigration control (i.e. you leave the international transit zone), those days count as absences. Pure airside transit generally does not count.
What evidence should I keep?
Keep every boarding pass, passport stamp, and travel booking confirmation. For your ILR application, you will need to declare all travel outside the UK during your qualifying period. A complete, accurate travel history is essential. VisaClockUK's absence tracker helps you maintain this record over years.
What if I made an honest error in counting?
The Home Office may identify inconsistencies between your declared travel and your passport stamps. Honest errors that are minor may be treated with discretion; systematic under-reporting is treated as deception. Always declare all travel.
Track your absences automatically
VisaClockUK's absence tracker logs your trips, calculates rolling windows automatically, and warns you before you approach the 180-day limit.
Start Tracking — Free →For planning purposes only. Not legal advice. Rules correct as of March 2026 based on published Home Office guidance. Always consult a qualified UK immigration solicitor. Privacy · Terms