Home Office clarifies 548 day rule in the 10 year long residence route

AuthorAlex Piletska

When the relevant rules changed on 11 April 2024, this caused a lot of confusion because the drafting of the rules was ambiguous but the guidance suggested that the 548 day limit no longer applied in post-April 2024 cases. The guidance has now been updated with greater clarity.

It seems the Home Office itself was confused about what the rules meant because it had temporarily paused decision-making on all cases that involved absences of over 548 days in applications made after April 2024.

The guidance has now been changed to make it clearer that for applications where the 10 year period includes time spent in the UK before 11 April 2024, all of these rules must be met:

No single absence must be above six months
Looking at any part of the 10 year period that predates 11 April 2024, the total number of absences over that period must be below 548 days, regardless of the length of that period
Looking at any part of the 10 year period that falls after 11 April 2024, there must not be more than 180 days’ absence in any given 12 months

If you have any questions about the absences requirement or you would like assistance or advice with lodging an application in the 10 year route to settlement, contact our friendly team today.

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