What is the absence requirement for settlement under the 10 – year route?

The United Kingdom’s 10-year route to settlement provides a pathway for individuals who have been living in the UK for a decade or more, to apply for indefinite leave to remain (ILR).

However, in order to be eligible for ILR under the 10-year route, applicants must meet certain absence requirements. In this blog, we will explore what these requirements are and what they mean for those seeking settlement in the UK.

Firstly, it is important to note that the 10-year route is available to individuals who have been in the UK legally for a continuous period of 10 years. This means that applicants must have had valid visas or leave to remain in the UK for the entire 10-year period, without any gaps or periods of overstaying. Leaving the UK for 6 months in one piece breaks the continuous residence.

In addition to meeting the continuous residency requirement, applicants must also meet the absence requirement. This requirement states that the applicants must not have been absent from the UK for more than 540 days in total during the 10-year period. This includes both short and long absences from the UK, whether for personal or work-related reasons. This means that applicants must keep track of all their absences from the UK over the 10-year period and ensure that they do not exceed the maximum limit.

The absence requirement is subject to certain exemptions. For example, absences for compelling and compassionate personal circumstances, such as the life-threatening illness of the applicant or a close family member, may not count towards the 540-day limit. Similarly, absences for work or business reasons may be exempt if the reasons are sufficiently compelling.

It is also important to note that meeting the absences requirement does not guarantee that an applicant will be granted ILR under the 10-year route. The Home Office will also consider other factors, such as an applicant’s criminal record and knowledge of the English language and life in the UK.

How Gherson can assist

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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.

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