The ‘continuous residence’ requirement for the standard five year ILR route has changed from:
- no more than 180 days absence from the UK in any consecutive period of 12 months within the five year qualifying period; to
- no more than 180 days absence from the UK in any period of 12 months within the five year qualifying period
This means that instead of counting the 180 day limit in each of five 12 month blocks counted back from the date of application, the 180 day limit is now counted within any rolling 12 month period during the five years. This is a significant change with retrospective effect which means it is no longer possible to split a longer period of absence across two consecutive 12 month periods.
If an applicant believes that they will be adversely affected by this change in the ‘continuous residence’ rule, please advise them to talk to SIT.