Got the visa on September 1, 2021, and landed on October 15. During these 45 days in between, Home Office is not reduced by a single day when calculating continuous residence, all of them are counted as "not in the UK".
This is not the experience of any particular reader, but an official example printed in the "Continuous Residence" guidance for case assessment. The rule it wants to illustrate is: once entry clearance is granted, the period from the date of issue until you actually step into the UK counts as absence. Students are most likely to hit this problem — getting a student visa at the end of July, and flying in late September, thus accounting for 40-50 days. Over ten years, accumulating three or four such instances, plus returning home during summer and Spring Festival holidays, makes the 180-day line much closer than imagined.
How is the account recorded during the two middle months of the student visa work permit?
First, clarify what can be calculated. Appendix Long Residence's LR 11.1 is very straightforward: the ten years must be continuously composed of days when the person held a "permission," excluding only Visitor, Short-term Student (English language), and Seasonal Worker. Ordinary Student, Tier 4, Graduate, and Skilled Worker can all be counted. Studying three years for an undergraduate degree, one year for a master's, two years as a Graduate, and four years on a work visa add up to exactly ten years, and the pathway itself has no problem.
The problem is at the seam of the connection.
There is a saying in the circle: students have already returned to their home country before the end of their student visa, and are waiting for a new work visa overseas, which is not considered overstaying, so it does not affect the ten years. The first half is correct, as being overseas indeed does not constitute overstaying; the second half is wrong. LR 11.1 requires that every day has permission. Those dozens of days when you are overseas without a valid leave are neither lawful residence nor can be counted towards the ten years, which breaks the chain, and the ten years must start over from the new permission. On the contrary, if you have submitted a work visa application while still in the UK before the end of your student visa, section 3C automatically extends the original permission. This waiting period has status, and the chain remains unbroken. It's the same to change visas, but the result is completely different between applying within the country and returning home to apply.
The grace period after the course is for you to wrap up and submit your next application, not for you to go back to your home country and wait for offers slowly.
How is the 10-year residency submission date determined? The two algorithms can differ by ten months.
The common algorithm is just one step: flip the entry stamp on the first passport, add ten years, and go to submit SET(LR) on that day. According to the rules, you should take the latest date from the three candidate dates.
| Candidate Submission Date | Based On | Who Will Step On |
|---|---|---|
| The day of holding the certificate continuously for ten years | LR 11.1 | People with overseas gaps in the middle, the starting point was actually moved backward |
| The day the current route reaches 12 months | LR 11.3 (LR 11.4 is an exception) | Those who switched to a work visa in the ninth and tenth years |
| Absent on the day of the limit reduction | Appendix Continuous Residence | Long-term return to country during graduation gap, people stranded during the pandemic |
The middle line was added after April 11, 2024, and few people know about it. LR 11.3 requires that you have held a visa on the "current immigration path" for 12 months on the day of submission; LR 11.4 provides a single exemption: if the current visa was approved before April 11, 2024, then this restriction does not apply. Those who have studied all the way through, taking nine years and two months to obtain their first Skilled Worker visa, will be blocked by this rule on the tenth anniversary, and must wait until the work permit reaches one year.
So my judgment is: when the ten-year chain reaches its ninth year, don't change the route anymore. If you have an offer to switch jobs, want to transition from a work visa to a business route, or want to pursue another doctorate, all of these are worth postponing until after ILR is approved. Switching jobs itself is not against the rules, but it will reset the timer under LR 11.3, and changing jobs once may result in ten months of waiting; the application fee of £3,226 is non-refundable if submitted at the wrong time. If you really need to make changes during this period, it's recommended to first arrange the start and end dates of each of your permits into a timeline. If you're unsure, you can pay £5 on justiscript.com to get a written response from a UK-qualified lawyer regarding this issue; if you want to roughly calculate the expiry date, the 永居计算器 at the bottom menu of this official account can be used to count day by day.
Another reminder about the absence segmentation rules: Absences that started before April 11, 2024, are subject to a single segment not exceeding 184 days, and the total of this segment not exceeding 548 days; for those that started after that date, it is subject to any rolling 12 months not exceeding 180 days. People who have ten years spanning on both sides of this line need to calculate according to both standards separately. 📌
earned settlement The plan is still at the proposal stage and has not been submitted to the parliament yet. It will continue to be processed according to the current rules for ten years. However, the rules apply based on the version you submit on the day you file. Accurately calculating your three preferred dates is more decisive than watching the policy trends.
[Data source] GOV.UK "Immigration Rules Appendix Long Residence" LR 11.1, LR 11.3, LR 11.4; Home Office "Long residence" case guidance version dated August 3, 2026; Home Office "Continuous residence" case guidance; GOV.UK visa fee schedule (effective April 8, 2026).
This article is for reference only. For specific issues, please consult a licensed attorney.
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