What is ILR Clock Reset?

Last updated: 19 August 2024

Most UK qualifying visas require holders to have remained in the UK continuously for at least 5 years in order to gain Indefinite Leave to Remain (ILR). Some visa routes require a longer period of continuous residence to qualify for ILR in the UK, such as 10 years for the long residence route, while others require a shorter period, such as 3 years for the Global Talent visa. The mandatory time required to spend in the UK before applying for ILR is often referred to as the “qualifying period for ILR”.

It is important to understand, however, that the qualifying period to gain ILR may “reset” if you change the visa type, your visa is curtailed (i.e. cancelled), or you spend too long outside of the UK.

An ILR clock reset means that any time previously spent in the UK will not count towards the minimum ILR qualifying period, and you may need to spend more time in the UK before you are eligible for ILR.

Changing visa and ILR clock reset

If you switch from a visa in one immigration category to another immigration category, in some limited circumstances, this may cause the ILR clock to reset. In this scenario, any time you have spent in the UK on a visa that counted towards ILR will no longer count, and you will need to start from the beginning with your new visa. For example, if you switch from a Skilled Worker visa to a dependant visa, the ILR clock will be reset. In this case, you will not be able to combine the time you have spent on your dependant visa with the time spent on your Skilled Worker visa when you apply for ILR under the 5-year route because they are in different visa categories.

However, you may be able to include the time you have spent in the UK on a combination of the following visas towards ILR:

• A Tier 1 visa (with the exception of the Tier 1 Graduate Entrepreneur visa)
• Skilled Worker or Tier 2 (General) visa
• Scale-up Worker Visa
• T2 Minister of Religion or Tier 2 (Minister of Religion) visa
• International Sportsperson, T2 Sportsperson or Tier 2 (Sportsperson) visa
• Innovator Founder visa
• Global Talent visa
• Representative of an Overseas Business visa

In addition, if you applied for a new Skilled Worker visa because you changed your jobs or employers, the time you spent on each Skilled Worker visa will still count towards the ILR application unless your visa was curtailed or you left the country for too long (see the rules on absences below). You may combine the time spent in the UK on different visas if you are applying under the 10-year long residence route to ILR depending the visas you had before.

If you are unsure whether you have been living in the UK for long enough to gain ILR, whether you should switch visas, or whether the clock may have reset on the qualification period towards ILR, please contact one of our immigration lawyers at 020 3744 2797. They will gather the details of your time spent in the UK and the visas you have held and advise when you can apply for ILR. They can also handle the ILR application on your behalf.

Visa curtailment and ILR

Visa curtailment means that a visa is cancelled early because the holder is no longer eligible. In this case, the holder is normally required to leave the UK sooner than the expiry date on their visa. A visa may be curtailed in a number of situations, including:

• Relationship breakdown for a spouse visa holder
• Loss of or absence from employment for a Skilled Worker visa holder
• No longer meeting the salary requirements as a Skilled Worker visa holder
• Loss of business endorsement for an Innovator Visa holder, or
• Loss of the right to stay in the UK as a dependent visa holder due to the main visa holder’s visa status.

If your visa has been curtailed by UKVI, you will either need to leave the UK by the new date provided or switch to a different visa type to continue your stay in the UK. At the point of switching visas, your ILR clock may reset depending on the visa are holding and the visa you are switching to. For example, if you are currently on a Spouse Visa and switch to a Skilled Worker Visa, perhaps due to a breakdown of your relationship, then the time spent on the spouse visa will not count towards the minimum 5 years qualifying period for ILR on a skilled worker visa.

Again, while any time spent on another visa type may not count towards the 5-year qualification period for ILR, it may qualify for ILR via the 10-year-long residence route.

Absence from the UK and ILR duration

Another factor that may lead to the ILR clock being reset is spending too much time outside the UK. It is important to bear in mind that the ILR qualifying period starts when you first enter the country on a visa that qualifies for ILR. Similarly, any absence from the UK is counted from the point you leave the UK.

The ILR absence rules state that you must not spend more than 180 days in any 12-month period (during the ILR qualification period). If you exceed this period, your ILR clock may be reset.

If you are unsure of the number of days you have spent outside of the UK, you can request a copy of your immigration record from the Home Office ¹.

If you are concerned that the ILR clock may have reset due to spending too much time outside the UK, please contact our immigration lawyers at 020 3744 2797. The Home Office may make an exception in your case if the excessive time outside the UK was due to serious or compelling reasons such as the serious illness of the applicant or a close relative, a conflict, or a natural disaster.

Reference:

¹ GOV.UK: Request copies of personal information held in the borders, immigration and citizenship system