UK Settlement Tools

ILR Continuous Residence Calculator

Work out when your 5-year or 10-year qualifying period completes, and check your visa history for gaps in leave that could break continuous residence before you apply for settlement.

Continuous residence means living in the UK with unbroken lawful permission for your whole qualifying period — 5 years on most routes, or 10 years on Long Residence. Two things break it: a gap in leave that is not protected, and excess absences. The old 28-day grace period for gaps was removed; a short overstay is now only disregarded under paragraph 39E, broadly where you applied within 14 days of your leave expiring with a good reason. This calculator estimates your qualifying-period completion date and flags gaps between your visas that could reset the clock.

What continuous residence means

Continuous residence is the requirement to have lived in the UK lawfully and without breaking your immigration conditions for a set period. For most ILR applicants that period is 5 years; the 10-year Long Residence route is an alternative for people who have built up a decade of lawful residence, often across several visa categories. The residence must be continuous — there should be no period where you were in the UK without valid permission, and your absences must stay within the limits in Appendix Continuous Residence.

Gaps in leave and the 14-day rule

A gap happens when your existing permission expires before your next grant of leave begins. The widely repeated “28-day rule” for gaps no longer applies: it governed gaps that ended before 24 November 2016 and was replaced by the stricter paragraph 39E framework. Today, a short period of overstaying between grants is only disregarded where paragraph 39E applies — broadly, where you made your next application within 14 days of your previous leave expiring and there was a good reason for applying late.

The safe approach: apply to extend or switch before your current leave expires. Doing so triggers section 3C leave, which keeps you lawfully present while the Home Office decides — and that time counts towards continuous residence.

What breaks continuous residence

The table below summarises the situations that preserve continuity and those that break it, in line with Appendix Continuous Residence.

What preserves vs breaks continuous residence for ILR
Situation Effect Why
Applied to extend before leave expiredPreservedSection 3C leave continues your status while the application is decided.
Overstay, next application within 14 days (good reason)May be disregardedFalls within paragraph 39E; not automatic — a good reason is required.
Gap in leave longer than the 39E windowBreaksA period without valid permission that is not disregarded resets the clock.
Absence over 180 days in any rolling 12 monthsBreaksExceeds the continuous residence absence limit (CR 2.1), subject to exceptions.
Prison sentence, deportation or removalBreaksListed as a break under CR 4.1, with limited exceptions.
Time as a Visitor, Short-term Student or on bailDoes not countThese periods are not counted as qualifying lawful residence.

Source: UK Immigration Rules — Appendix Continuous Residence (CR 2.1, CR 4.1) and Home Office continuous residence guidance. Paragraph 39E governs disregarded overstaying.

Qualifying-period anchor dates

You do not have to count your qualifying period only from the day you apply. The Home Office counts back from whichever of several dates is most beneficial to you, which can rescue an application where the period is not quite complete on the day of submission.

Dates the qualifying period can be counted back from (CR 6.1)
Anchor date What it means
Date of applicationThe day you submit your online settlement application.
Up to 28 days after the date of applicationReflects the 28-day early-application window — the caseworker can count back from a date up to 28 days later.
Date of decisionThe day the caseworker decides — so the period can complete while the application is pending.
UK Ancestry only: date previous permission expiredFor UK Ancestry applicants whose last grant was on another route.

Source: Appendix Continuous Residence, paragraph CR 6.1. The Home Office uses whichever date is most beneficial to the applicant.

Why your start date matters

Your continuous residence clock usually starts on the date you were first granted leave on a route that leads to settlement. If you entered on a Student visa (which does not lead to settlement on the 5-year routes) and later switched to Skilled Worker, your 5-year clock typically starts only when the Skilled Worker leave was granted. On the 10-year Long Residence route, by contrast, time with valid permission on most routes — including Student — can count towards the 10 years.

Applying too early

Even once your qualifying period completes, you generally cannot apply until the 28-day early-application window opens — 28 days before the completion date. Submitting earlier than that risks refusal. Use our ILR 28 Days Calculator to find the exact earliest date you can submit, and check your travel history with the absence calculator.

Complex history? Expired passports, lost BRPs, late applications or switches between routes can make continuous residence hard to evidence. If your dates are close to a break, it is worth getting a regulated adviser to confirm them before you apply.
Free, independent ILR planning tools

Need help tracking a complex residency history?

Expired passports, lost BRPs and switches between routes can make continuous residence hard to evidence. For a binding view on whether your dates hold up, speak to an immigration adviser regulated by the IAA or a solicitor.

Find a regulated adviser GOV.UK IAA register • free to search

Frequently asked questions

What breaks continuous residence for ILR?
Continuous residence is broken by a gap in lawful leave that is not disregarded, by overstaying that does not fall within paragraph 39E, by absences over 180 days in any rolling 12-month period, and by certain events such as a prison sentence or deportation. A break usually means restarting the qualifying period.
How long can a gap in my leave be without breaking continuous residence?
The old 28-day grace period was abolished. For gaps on or after 24 November 2016, a short period of overstaying is only disregarded under paragraph 39E, broadly where you made your next application within 14 days of your previous leave expiring and there was a good reason for the delay. The safest position is to apply before your leave expires so section 3C protects you.
Does continuous residence reset if I switch visa categories?
It depends on the categories. Switching from a non-settlement route such as Student to a settlement route such as Skilled Worker means your qualifying clock usually starts only on the new visa. Switching between settlement routes, made in time, can allow time to be combined.
Does section 3C leave count as continuous residence?
Yes. If you apply to vary your leave before your current permission expires, your leave continues under section 3C of the Immigration Act 1971 while the application is decided. That period counts towards continuous residence, provided the application is valid.
What is the difference between a gap in leave and an absence?
A gap in leave is a period with no valid immigration permission, which can break continuous residence on its own. An absence is time physically spent outside the UK while you still hold permission, judged against the 180-day rolling limit. They are assessed separately and both can cause a refusal.
Does time on a Student visa count towards continuous residence?
For the 10-year Long Residence route, time with valid permission on most routes, including Student, can count towards the 10 years. For most 5-year routes, time on a Student visa does not count, because the qualifying period must be spent on that specific settlement route.
How this page is produced

Our editorial and accuracy standards

ILR Calculator UK is an independent, free settlement-planning resource. The rules, thresholds and dates on this page are taken directly from the published UK Immigration Rules and GOV.UK guidance, with the primary source linked at the point it is used. The calculator runs entirely in your browser and stores no data. We review the tool and content after each Statement of Changes and record the review date at the top of the page.

This site provides general information, not regulated immigration advice. For a binding assessment of your own case, contact an adviser regulated by the Immigration Advice Authority (IAA) or a solicitor listed on the Law Society’s Find a Solicitor register.