Guidance on calculating ‘continuous residence’ across multiple visa categories was refreshed on 19 October 2026 to cross-reference Part Suitability provisions of the Immigration Rules. Applicants now risk counting gaps if they breach behavioural suitability criteria—even where absences were within time limits. The change aligns settlement eligibility with wider character-and-conduct assessments introduced last year. Offences such as non-payment of National Insurance or civil penalties for illegal working can now interrupt residence continuity, potentially pushing back indefinite-leave eligibility dates. Mobility managers must therefore monitor not just travel patterns but also compliance with tax and sponsorship duties. Experts suggest adding an ‘immigration good-standing’ clause to assignment policies, allowing early intervention if issues arise. Law firms expect an uptick in ‘late ILR’ cases as applicants discover historic suitability breaches. Companies should budget for extra legal reviews and, where necessary, plan bridging visa extensions to avoid unintended overstays.
Source: ILPA
