ILR - 10 year route spouse visa - Absent limitation

hi there,

My spouse has been living with me in the UK for nearly 10 years under a Spouse/partner leave to remain visa (I had tier 2 intra-company until I got ILR in 2021 and currently I am british citizen). due to the 10-year route requirements, especially the 540-day absence rule, we thought that it would be more appropriate to continue on the 5-year route instead, aiming to apply for ILR in summer 2026 as there is no absent limit for 5 year route for spouse.

However, based on my recent research, I came across information suggesting that the 540-day rule under the 10-year route may have been removed in 2024 by Home Office. I’m unsure whether this change is retroactively applicable or not.

Therefore, I would appreciate it if you could kindly let me know my spouse’s current status and confirm whether an ILR application might be possible this SEP with 10 year route.

Currently she has 960 days absent last 10 year and her first entry to the UK SEP 2015.

Year TTL
2015 18
2016 76
2017 83
2018 71
2019 94
2020 88
2021 166
2022 40
2023 136
2024 110
2025 82
TOTAL 964



Many thanks in advance for your support.

Long residence caseworker guidance wrote:Appendix Continuous residence recognises that its provisions are different from the previous long residence rules at paragraph 276A and makes transitional arrangements specifically for long residence applicants. These transitional arrangements preserve the position that continuous residence will be broken if an applicant has been absent from the UK for more than 184 days at any one time or more than 548 days in the 10-year qualifying period, where that absence was before 11 April 2024.

Looking at your spouse's absence and adding up the absence between 2015 and 2023 but ignoring 2020 and 2021 (because there may be some leeway based on Covid concessions based on the specific days involved), that still comes up to 518 days, very close to the 540 days of breaking continuous leave. And some of the days in 2020 & 2021 and 2024 may add up enough for the continuous residence to break.

You may have to recalculate the precise number of days she was absent from the UK before 11th April 2024.

Also see the Continuous Residence guidance from Page 37 onwards.

EDIT: It appears that there were no Covid exceptions for long absences from the UK, presumably on the basis that the applicant could have stayed for longer in the UK in years after Covid to make up for long absences during Covid. In that case, your spouse's continuous residence is definitely broken.

during 2021 she spent a total of 181 days within a 12-month period. I am fully aware of the 184-day maximum rule.

In 2021, she underwent two IVF treatment procedures at Hospital, which required ongoing monitoring, medical care, and hospital visits. Due to the nature of the treatments and on medical advice, she was advised not to travel by plane during that time. I have a medical report from the treating hospital confirming that air travel was not recommended for health reasons related to the IVF process.

Given that the total stay remained within the legal 184-day threshold and the circumstances were medically necessary and supported by professional documentation.

I understand that the 540day rule prior Apr 2024 year still valid and not being removed as part of application.. So would go with 5 year route which has no absence limit for spouse.

The absence rules depend on if the period of absence started before 11 April 2024 or before it. I suspect she fails the requirements under the long residence rules

Read item 2 here: Lawful and continuous residence changes to Long Residence route from 11 April 2024

Thanks Zimba its clearer now so rules of absence differs based on the date and following still applied so we would do 5 year route next summer as No absence limit for spouse there instead Long route ILR application


"If the period/window of absence started before 11 April 2024, then the old rules apply (as per the transitional arrangements). So no single continuous absence period of more than 184 days or more. Also, your absences should not be more than 548 days in total."

I thought that after 11 Apr 2024 changes applies to 10 year so there is a split.

There is a split. So in a way, both the old rules and new rules can apply under the long residence.

If you left the UK before 11 April 2024, and returned anytime later, then the old rules apply to those absences
If you left the UK after 11 April 2024, and returned anytime later, then the new rules apply to those absences