The 180-day rule for the UK Indefinite Leave to Remain (ILR) is a condition wherein individuals cannot spend more than 180 days outside the United Kingdom (UK) in any 12 months. The 180-day rule applies to most of the UK visa categories. The 180-day visa rule must be followed by individuals who migrate to the UK via pathways that lead to an ILR, such as UK skilled worker visa, UK Tier-2 visa, UK Innovator Founder visa, Global Talent Visa. However, the ILR Absence rule does not apply to the UK family migration visa pathway but may be required when applying for British citizenship.
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How to calculate the 180-day ILR Rule?
The minimum residency requirement to qualify for an ILR in the UK is five years, but the requirement may differ based on the type of UK visa route. For Indefinite Leave to Remain (ILR) applications submitted on January 11, 2018, the absence from the UK would be considered for any 12-month period.
Note: The total days of travel during which the individual is present in the UK for the purpose of an ILR application will not be included in the 180-day period.
If the 5-year residency count started before January 11, 2018, the leaves issued before that date will be evaluated according to the old rules.
Below is an example to help you calculate the 180 Day Rule:
If the individual has an application date of June 30, 2020, the following grant of leaves will be included in the applicant’s continuous period of residency:
- One leave grant would be from July 1, 2015, to July 28, 2018. Any kind of absence taken during this grant of leave will be treated as a different 12-month time scale with an end date of June 30 of each consecutive year.
- One leave grant would be from July 29, 2018, to June 30, 2020: Any kind of absence taken during this grant of leave will be considered on a continuous basis. The absences taken in the previous grant cannot be counted to evaluate the current one.
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What happens if I take Excessive Absences?
Individuals taking excessive absences from the UK must be for reasons that are serious or compelling. The Home Office can consider and permit the ILR application only in such cases. Some of the “serious or compelling” reasons, as per the Home Office, can include:
- A severe sickness or illness to the primary applicant or a close relative
- Any kind of conflict
- A natural disaster (Tsunami, Volcanic eruption, etc.)
However, submitting enough evidence to support your reason is mandatory. Individuals can only apply for discretion if they have an approval from senior-level officers or officials.
Some of the documents that must be submitted are as follows:
- A letter with complete details of any of the above reasons stated by you
- Medical certificates (For illness)
- Proof of travel disruptions (if applicable)
- Evidence supporting the compelling reason
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