How is a break in the 10-year ILR calculated? Two sets of absence rules: 548 days and 180 days

10-Year Permanent Residency Gap Self-Check Form (Recommended to screenshot and save)

Even If You Are in the UK, Your Continuous Residence Could Be Broken: Time on These Three Visa Types Does Not Count Towards the 10-Year Period

Appendix Long Residence clarifies that the ten years must be made up of continuous "time with permission"; however, Visitor, Short-term Student (English language), and Seasonal Worker (including their respective predecessor routes) are excluded. Time spent holding visa-free exemption status or exercising the right of residence as an EU citizen is subject to separate provisions.

There is also a newly introduced requirement in 2024 that many people have overlooked: if your current visa was granted on or after April 11, 2024 , when applying for 10-year indefinite leave to remain, you must have already held permission on your current route for a full 12 months (or been exempt from immigration control during the preceding 12 months). If you apply immediately after switching routes, your application will be rejected outright on this ground.

If I overstay by a few days, will my 10-year permanent residency be revoked?

Not necessarily, but it must be considered in two parts. Short gaps ending before 24 November 2016, where the application was submitted no more than 28 calendar days late, are generally eligible for a waiver; whereas gaps after this date must fall within the exceptions under paragraph 39E (such as resubmitting within 14 days of the refusal of the previous application, etc.).

The key difference is that a period of overstay that qualifies for an exception does not break continuity, but nor is it counted toward the ten years . In other words, if you overstay by 20 days in the middle, you will actually have to wait an additional 20 days to complete your ten years. This detail is almost always overlooked when counting the days yourself.

I've already missed the cutoff—is there still any hope? Where does the discretionary power come into play?

Exceeding the allowable time abroad is not an absolute death sentence. The Ministry of the Interior guidelines grant visa officers a degree of discretion, but they only recognize reasons beyond your control : life-threatening illnesses affecting yourself or close relatives, participation in international humanitarian or environmental relief efforts, and travel disruptions caused by natural disasters, armed conflicts, or pandemics. Being too busy at work, airfares being too expensive, or wanting to spend more time with family—none of these qualify.

Furthermore, hard evidence is required: a hospital diagnosis letter, proof of flight cancellation, and an employer dispatch letter—none of which can be omitted. For those with a genuine break in continuity and no grounds for discretion, the only option is to restart the qualifying period from the end of the break —therefore, it is best to identify any issues as early as possible. Do not wait until you have accumulated 10 years and paid the £3,226 application fee (the ILR fee effective from April 8, 2026), only to realize you have been waiting in vain.

If you are unsure which exit crossed the threshold, you can use the 永居计算器 app to verify your records day by day for each visa period; if your situation is complex (e.g., you have overstayed, changed your travel route, or your exit fell right around the 180-day mark), you can also pay £5 on justiscript.com to get a written response from a UK-qualified lawyer within 24 hours, which is far more reliable than guessing on forums.

This article is for reference only. For specific issues, please consult a licensed attorney.