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The ILR 180-Day Rule: How Absences Are Counted for UK Settlement (2026)
Schengen Visa Rules

The ILR 180-Day Rule: How Absences Are Counted for UK Settlement (2026)

7 min read
Last verified: August 2026

Every route to settling in the UK runs through the same arithmetic: the continuous residence requirement, which for most work and family routes means keeping absences from the UK below 180 days in any rolling 12-month period throughout the qualifying years (GOV.UK, Indefinite leave to remain; the detailed rules sit in Appendix Continuous Residence of the Immigration Rules). Unlike the tax rules we usually write about, this is a minimum-presence count: the days you must protect are the ones spent in Britain. Updated 10 August 2026.

Rolling, not annual

The modern rule is assessed on any 12-month window, not calendar years or visa years. That is the same mechanic as the Schengen 90/180 rule, pointed the other way: every new day, an old day drops out of the window, and a heavy travel pattern that never breaches 180 in a single visa year can still breach it in some window straddling two. People who tot up absences per year are computing the wrong number.

What counts, and the traps

  • Whole absences count, whatever the reason: holidays, business trips, family emergencies. Limited exceptions exist (serious illness, certain postings and, historically, pandemic concessions), and they are exceptions to argue with evidence, not assumptions.
  • The count runs across your whole qualifying period, typically five years. One bad window years ago can surface at application time.
  • Travel days: in practice absences are generally counted in whole days between departure and arrival; keep the underlying dates so the computation can be shown either way.
  • Breaching the limit usually means the continuous-residence clock restarts, which for someone four years into a five-year route is a catastrophic outcome discovered at the worst moment.

After ILR: the next count starts

Settlement is not the end of counting. ILR itself can lapse after two continuous years outside the UK, and naturalisation brings its own limits, covered in our companion guide to the 450-day citizenship rule. And UK tax residence runs on an entirely separate machine, the SRT, which can matter in the same years.

Track it as a rolling window, because it is one

The Days Monitor iPhone app was built around rolling-window day counts: set a custom rule of at most 179 absence days in any 365 (tracked via your days outside the UK), see the live window as you travel, and get warned before a planned trip breaches it. The exported day-by-day record doubles as the evidence for the application form's absence tables. Download it on the App Store.

Sources

This article is general information, not legal, tax or immigration advice. Immigration rules change frequently and are applied to individual facts; verify current requirements with the official sources linked above and take advice from a qualified professional before making decisions.

Frequently Asked Questions

How many days can I spend outside the UK before applying for ILR?
For most routes, absences must stay below 180 days in any rolling 12-month period throughout the qualifying period (typically five years). The window rolls continuously, so per-year totals are not the test: a pattern can breach in a window straddling two years. Limited exceptions exist for serious circumstances.
Is the ILR absence limit per year or rolling?
Rolling. The 180-day limit is assessed against any 12-month period, the same mechanic as the Schengen 90/180 rule in reverse. Counting absences per calendar year or per visa year computes the wrong number.
What happens if I exceed 180 days of absence?
Unless an exception applies, continuity is normally broken and the qualifying clock restarts, however far into the route you are. Track the rolling window continuously rather than discovering a historic breach at application time.
Do absences still matter after I get ILR?
Yes. ILR can lapse after two continuous years outside the UK, and naturalisation has its own limits: no more than 450 days of absence in the five years before applying and no more than 90 in the final year.

Track Your Schengen Days

Don't let visa calculations stress you out. Our free Schengen calculator tracks your 90/180 days automatically.

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