Breaking continuous residence and overstaying in ILR applications

Breaking continuous residence and overstaying in ILR applications

For all ILR applications, meeting continuous residence requirements is absolutely essential. However, at times, you have a break in your continuous residence. In this article, we will cover breaking continuous residence in detail.

Breaking the continuous residence

If you are absent from the UK for more than 180 days in the last 1 year of your permit residence then your continuous long residence is say to be broken.

Also, if you are deporting or convict of any criminal act then also your continuous residence is say to be broken.

Aspect 1- How is your absence calculate?

The Home Office is quite strict with application scrutiny, you are bound to be checking thoroughly under any circumstance.

Your absence mainly will be calculate based on your previous history of travel, your passport records.

In case you think you have not shown any discrepancies in your application then you must clarify it beforehand.

Wee, highly likely that at times, it is only human to forget any previous history, in that case, your honest appeal to clarify your stance will help you.

Aspect 2- counting residency period

The date on which you qualify for settlement, your continuous residence period will begin from then. The time period between entry clearance and applying for settlement is your continuous lawful residence time period.

Your date of entry clearance is clearly mentions in your passport, e-gate scanned documents.

Aspect 3: Avoiding overstaying in the UK

Overstaying means that you continue to stay in the UK even after your permission to stay on a specific visa has expired.

Also Read: Use Cases Of Age Verification And What Do the Regulations Mandate?

Therefore, overstaying can lead to the breaking of the continuous residence.

Overstaying may be counted as a suspicious activity unless you are exempting.

In case you have overstayed in the UK for more than 28 days before 24 November 2016, your overstay will be disregarded for the following reasons:

  • A serious illness took over and you could not submit the application on time.
  • You were stuck overseas due to travel restrictions
  • You were facing exceptional and unavoidable circumstances that did not allow you to submit your application on time.
  • If the Home Office was at fault for delaying in returning the documents or they were lost
  • The delay happened because your documents could not be replacing because of theft, flood or fire.

Overstaying in the pandemic

If your permission to stay in the UK expires between 24 January 2020 to 31 August 2020, then you may be allowed to overstay due to the pandemic situation. Any overstay between this period will be disregarding. In that case, your honest appeal to clarify your stance will help you.


If you are deporting, sentence to exclusion anytime during your stay, then your continuous residence is say to be broken. You should by all means consult immigration experts to get complete knowledge on ILR applications. A Y & J Solicitors are leading immigration experts in London. Their bespoke immigration and visa services have helped thousands of their clients to achieve their immigration journey successfully.

Sanchit Mehta

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