ILR - What absences count towards the 548 day rule?

[Sromanov]

Hello everyone,

I have a query regarding eligibility for ILR (10 - year Long Residence route).

I have been living in the UK for over 10 years, but due to frequently leaving when I was younger I was ineligible for the 10-year route due to violating the 548-day rule (All Visas are Tier 4 (student)). Note that none of the absences exceeded 180 days. I am unsure how to count the absences correctly and would appreciate some help!

Between April 2025 - April 2015 I have a total of 667 days absent.

I have had permission to stay throughout the entire period, except Covid where I was forced to take a short break. That is: my visa ran out in March 2021 and I left 2 days before expiration, I then applied for a new visa 3 months later and arrived back in the UK as soon as it was approved in September 2021. Total duration of absence was 170 days, and should not break continuous residence as I am on the 10-year route.

My questions:

- Am I correct in saying the 170 day period without a valid visa does not break my continuous residence, but also does not count towards it? So I should be calculating my absences from November 2014 to April 2025 instead.
- Does the 170 day absence during covid count towards the 548 limit if it does not count as continous?

Between November 2014 and April 2025 (ignoring the 170 days) I have 497 absence days and no breaks of over 180 days. Do I qualify?

Thank you in advance for any help!

[zimba]

Are you aware of the changes since April 2024 ??? There is no 548 limit for absences periods that started after 11 April 2024.

See: Lawful and continuous residence changes to Long Residence route from 11 April 2024

[Sromanov]

Hi, yes, I did not count any absences since the 11th of April 2024. It would be more accurate to say my total number of days outside the UK is 667 between April 2015 and April 2024.

My question mostly applies to the COVID-specific break as it is still within the old rules.

[zimba]

Hi, yes, I did not count any absences since the 11th of April 2024. It would be more accurate to say my total number of days outside the UK is 667 between April 2015 and April 2024.

My question mostly applies to the COVID-specific break as it is still within the old rules.

Never in those rules changes it says that you should not count absences since 11 April 2024. It is talking about any absence period STARTING after 11 April 2024 that will not be counted. So if you left the UK on 10th April 2024 and were outside the UK for 5 months, that period STILL counts and the 548 day rule applies to that period. That is because your absence period STARTED before 11 April 2024.

Also, If you left with a valid leave and return within 6 months, then your continuous residence should be maintained as per transitional arrangements. This has nothing to do with COVID per se