Excessive absences and Skilled Worker ILR applications: what you need to know

Applying for Indefinite Leave to Remain (ILR) if you are on a Skilled worker visa requires meeting strict residence requirements, including limits on absences from the UK. Exceeding these limits can put your ILR application at risk. In this blog, we outline the key rules and what you can do if you have excessive absences.

ILR absence rules for those with a Skilled Worker visa

To qualify for ILR under the Skilled Worker route, applicants must not have been absent from the UK for more than 180 days in any 12-month period during their continuous five-year qualifying period. These 12-month periods are assessed on a rolling basis, meaning any absences are considered across the full five years leading up to the application.

Are there exceptions to the absence rule?

Yes. Certain absences are exempt from the 180-day limit including:

• Absences due to travel restrictions related to COVID-19.
• Time spent overseas in connection with employment purposes where the applicant was still sponsored by their UK employer.
• Absences for compelling personal reasons, such as serious illness or bereavement of a close family member.

Each case is considered on its own merits, and applicants must provide sufficient evidence to justify any exempted absences.

How do I calculate my absences from the UK?

To assess whether you meet the ILR requirements, it is crucial to track your absences accurately. You should:

1. Review travel history – Check passport stamps, flight records and work travel logs.
2. Record absence dates – Maintain a clear list of all trips taken outside the UK, including reasons for travel.
3. Check rolling 12-month periods – Ensure that no 12-month period exceeds the 180-day limit.

What should I do if I have excessive absences?

If your absences exceed the permitted limit, you have some options:

1. Delaying your ILR application until you have completed five continuous years with compliant absences.
2. Provide strong evidence to demonstrate that the absences fall under one of the Home Office’s exceptions.
3. Consider alternative routes, such as extending your Skilled Worker visa until you meet the residence requirement.

Updated: 31 January 2025

How Gherson can assist

Navigating ILR requirements, especially in cases of excessive absences, can be complex. At Gherson, we provide expert guidance to Skilled Worker visa holders, helping them assess their eligibility and strengthen their applications.

If you are concerned about your absences or need support with your ILR application, contact us today for tailored advice and assistance.

Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on X, Facebook, Instagram, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2025

View all news & Insights