immigration

How is continuous residence calculated as permanent residence in the UK? 180-day rolling 12-month new rule

JustiScript

Last month a reader sent me his itinerary. In the fifth year of Skilled Worker, he counted on his fingers: he will be abroad for 152 days in 2024 and 168 days in 2025. He has not broken 180 in two years, which is stable.

After reading it, the lawyer only asked one question: How many days do you have in total from October 2024 to September 2025?

211 days.

He calculates it as calendar year , and the Ministry of Interior calculates it as rolling 12 months . Just this one difference, I might have to do it all over again in five years.

1. How to calculate permanent residence in the UK continuously? The key is "rolling 12 months"

The current rules are set out in the Appendix Continuous Residence of the Immigration Rules. The core clause CR 2.1 only means one sentence: During the entire qualification period, in any 12-month period from to , the total number of overseas days shall not exceed 180 days.

The emphasis is on "any 12 month period" - any. Not from January to December, not from visa anniversary to anniversary, but from every day in your qualification period, working backwards for 365 days, you have to pass the test.

To put it another way: a 365-day wide window, sliding from the start date of your visa all the way to the application date. During the sliding process, as long as any location window exceeds 180 days, the continuous residence will be interrupted.

The easiest thing to trip up is the "New Year's Eve splicing": I returned to China for 100 days in November last year and stayed for 95 days in August this year. It's safe to look at both calendar years separately, but counting 12 months from last November, it's 195 days.

2. How to count the number of days for ILR to leave the country? The day of departure and the day of return do not count.

Good news: The Ministry of Interior’s guidance clearly states that only counts whole days (whole days) , and partial days less than 24 hours are not counted.

This means that if you have stayed in the UK on the day you leave the country, it is considered "in the country"; if you land in the UK on the day you return, it is also considered "in the country". Only the days spent outside the country are really counted.

Formula: Number of days of departure = (date of return to the UK − date of departure) − 1
Example: leaving on June 1st and returning on June 10th, counting 8 days (June 2nd to June 9th), not 10 days, nor 9 days.

Don't underestimate this day. If you make six or seven outbound trips a year, the algorithm difference of "one day for each province at the beginning and end" can be more than ten days - many people are stuck in the range of 180 to 190.

There is another detail worth remembering: some application forms will ask you to list your itinerary item by item when you have been abroad for 150 days in any 12-month period of . This is not to make things difficult, but because the Ministry of the Interior specially screened out people who had been "close to 180 days" for review. Therefore, for more than 150 days, it is best to organize your passport stamps, air tickets, and boarding passes into a list in advance.

3. What kind of departures do not count towards the 180-day limit for permanent residence?

The appendix does leave gaps for exemptions (CR 2.2, CR 3.1, etc.). Common categories:

📌 Participate in domestic or international humanitarian and environmental crisis rescue;
📌 is forced to stay due to natural disasters, epidemics, wars and other force majeure;
📌 I or close relatives are seriously ill, bereavement and other compassionate reasons;
📌 Follow the spouse Crown service (official British overseas service) while overseas.

But please be sure to treat these points calmly. The threshold for exemption is higher than imagined, and almost all require hard evidence: hospital certificate, death certificate, flight cancellation notice, employer/institution letter. For work reasons such as "the company sent me on a business trip for half a year", usually is not within the scope of exemption - this is a frequent reason for rejection.

In addition, the specific terms of different visa pathways are different (Global Talent and some scientific research positions have separate arrangements). If you happen to have an exit document that says non-liquidation is not exempt, don’t guess on your own – spend £5 on justiscript.com and get a written reply from a licensed lawyer in the UK within 24 hours, which is much more reliable than repeatedly searching forums.

4. 10-year Long Residence permanent residence: April 11, 2024 is the dividing line

Readers who take the 10-year long-term residence path should pay special attention to the fact that your ten years may span two sets of algorithms :

▸ The part of departure starting from before April 11, 2024: the old standard applies - a single departure does not exceed 184 days , and the total number of days in the qualification period does not exceed 548 ;
▸ The part starting from April 11, 2024: merged into the current rolling 12 Month 180 days rule.

Therefore, those who apply for 10-year permanent residence in 2026 must check the first half and the second half separately. Many people who do their own calculations only use one set of standards, and end up stuck in the middle two or three years.

5. In addition to the number of days, these will also directly interrupt the continuous residence of ILR

The number of days out of the country is only one of the lines. The following situations are equally fatal:

🔸 The visa is suspended for . When the previous leave expires and the next leave has not yet been handed in, there is a gap in the middle, and the continuity is interrupted. The remedy window is extremely narrow: Immigration Rules paragraph 39E allows to be submitted within 14 days after the original visa of expires, and the delay must be proven to have "justifiable reasons beyond the control of the applicant" and be accompanied by credible evidence. It's not automatic grace, it's self-certification.

🔸 actually served in prison. As soon as the sentence results in actual imprisonment, even for just two weeks, continuous residence is immediately interrupted. A suspended sentence usually does not trigger this provision, but it will affect the character review separately.

🔸 If is deported or asked to leave the country will also be interrupted.

6. Before submitting your application for permanent residence in the UK in 2026, check these three steps yourself.

Step one: Write each entry and exit into a two-column table. departure day and return day, one trip per trip. If the passport stamp is blurry, use air ticket itinerary, eGate records, and bank overseas consumption statements to verify each other.

Step 2: Do rolling inspections, not annual inspections. takes each departure date as the starting point, pushes back 365 days, and adds up all the departure days falling within this window. Do it trip by trip, and the maximum value is your true risk value. If you find it troublesome to do it manually, you can use the 永居计算器 APP to directly import the itinerary. It will slide the window on its own.

Step 3: Leave yourself a 20-day buffer. counts 175 days and counts 155 days, the mentality is completely different. If there is an emergency in the remaining year and you need to return home, you still have some room left.

Another reminder of the timeline: the rule amendment (HC 1691) submitted to Parliament in March 2026 mainly changes the English threshold for permanent residence - from March 26, 2027, it will be raised from B1 to B2. rolling 12 months and 180 days itself has not changed to , but the policy environment is tightening, so don’t delay if you can deliver it early.

There is another confusing point: the 180-day rule applies to before gets permanent residence. After obtaining permanent residence, the rules become - if you leave the UK for more than 2 consecutive years, your ILR status will become invalid. Two sets of logic, don't get confused.

In five years, visa fees, IHS, rent, and children's school status are all invested in this timeline. It's worth spending a night and counting every flight carefully.

📚 Data source: GOV.UK "Continuous residence" case review guidelines (updated version in June 2026); Immigration Rules Appendix Continuous Residence; Immigration Rules Appendix Long Residence; GOV.UK "Indefinite leave to remain: Skilled Worker — Time in the UK". The specific fees and time limits are subject to the latest announcement of GOV.UK.

This article is for reference only. Please consult a licensed attorney for specific questions.

talk about your situation 👇

What is the 12-month window during which you travel the most during your eligibility period? Was it to visit relatives, go on a business trip, or take care of family members? Comment in the comment section and see how many people are in the same boat as you.

If you find it useful, add this article to your collection. When you organize your itinerary, you can pull it out and count the numbers. This will save you a lot of trouble.

Dealing with a UK legal matter? JustiScript can help

⚡ CoS Slot Priority Service — £99

Automated priority submission the moment the Home Office releases Certificate of Sponsorship slots at 7:00 AM each working day.

⚖️ Ask a UK Lawyer — £5

One legal matter, an initial written response from a qualified UK lawyer within 24 hours.

✉️ Letter Before Action — £5

A formal pre-action letter on official letterhead, drafted in minutes. The step that settles most disputes before court.

#policy#永居申请的连续居住天数计算最新规则

Need Professional Immigration Help?

Our immigration lawyers are ready to help you with your ILR application.

Contact Our Lawyers
How is continuous residence calculated as permanent residence in the UK? 180-day rolling 12-month new rule | JustiScript Immigration Blog