For many British National (Overseas) status holders and their families, the BNO visa scheme has opened a transformative pathway to life in the United Kingdom. After five years on this route, you become eligible to apply for Indefinite Leave to Remain (ILR)—the key to permanent settlement.

However, one of the most common areas of confusion—and a frequent cause of application refusals—is the strict requirement around time spent outside the UK. Let’s break down what you need to know.

The Golden Rule: Absences and Continuous Residence
To qualify for ILR under the BNO visa route, you must prove you have lived in the UK continuously for at least 5 years

The core requirement is that you must not have spent more than 180 days outside the UK in any 12-month period during your qualifying residence. This is not an average; it’s a rolling limit that applies to every single 12-month window within your 5-year qualifying period.

How to Calculate Your Absences: A Step-by-Step Guide
Meticulous record-keeping is essential. Here’s how to approach it:

1. Identify Your Eligibility Date
   Your qualifying period will be calculated as the 5 year period counting back from either your ILR date of application, any date up to 28 days after the date of application or the date of decision; whichever is most beneficial to you.
   Your “clock” starts from the date you were first granted your BNO visa (or if you are combining time spent on another eligible visa route, then the date you were first granted leave on the eligible route.
   You may combine time spent continuously on other eligible visas that are routes to settlement provided that your last grant of leave was on the BN(O) visa route. The eligible visas routes that can be combined are: Skilled Worker, Tier 2, Global Talent, Innovator, Representative of an Overseas Business, Tier 1, UK Ancestry visa and Private and Family Life.
2. Gather Your Evidence
   Passports: All passports covering the 5-year period.
   Travel Records: Flight itineraries, boarding passes, e-ticket confirmations.
   Entry/Exit Stamps: Although the UK doesn’t routinely stamp passports at all borders, any stamps you have can be useful.
   Personal Diary/Calendar: A detailed log of your travel dates.
   Additional Proof: If possible, bank statements or utility bills showing activity abroad can help establish timelines.
3. Create a Rolling 12-Month Timeline
   Do not just calculate total days absent over 5 years. You must check every possible 12-month period.
   Example: If you apply on 1st June 2028, you must check absences for 1st June 2027–1st June 2028, but also 31st May 2027–31st May 2028, and so on, back through the entire 5 years.
   The simplest method is to list every single trip abroad with exact departure and return dates. Then, use a spreadsheet or calendar to ensure no 12-month block exceeds 180 days of absence.
4. Understanding What Counts as an “Absence”
   You must only include whole days when calculating an absences. Part day absences, less than 24 hours are not counted.
   For example, if the applicant was absent for 180 days during the 12-month period and started their journey back to the UK on day 180 but arrived on day 181, day 181 would not be a day of absence and the period would not exceed 180 days.
   Exception: Travel for British Crown service or compelling compassionate reasons may be disregarded, but you must provide strong evidence.
5. Use the Right Calculation Method
   The Home Office uses whole days absent. The day you leave and the day you return are both usually counted as days in the UK if you were in the country at midnight on those days.
   Pro tip: Many applicants find it safest to count the departure day as an absent day if they left in the morning, and the return day as absent if they arrived back in the afternoon/evening. This creates a conservative calculation buffer.
   Practical Example:
   You left the UK: 15th March 2024 (flight at 3 PM)
   You returned: 25th March 2024 (arrived 7 PM)
   Absence Calculation:
   15th March: You left on the 15th and were not in the UK for a whole day on the 15th → Count as absent? YES.
   16th–24th March: Clearly absent.
   25th March: Returned in the evening, not in UK for a whole day on the 25th → Count as absent.
   Total absent days for this trip: 11 days (15th–25th inclusive).
   Special Considerations & Top Tips
   COVID-19 Disruptions: If you were unable to return to the UK due to travel restrictions, keep all evidence (flight cancellations, official announcements). The Home Office may exercise discretion.
   Multiple Short Trips: Frequent short breaks can add up quickly. A weekend away every month could push you near the limit.
   Keep Digital Records: Scan boarding passes and stamps immediately—paper fades and gets lost.
   Seek Professional Help Early: If your absence pattern is complex or close to the limit, consider consulting an immigration advisor before applying.
   The 180-Day Rule is a Maximum, Not a Target: Aim to stay well under this limit where possible to create a safe margin for calculation errors.
   
6. Navigating the Process with Expert Guidance
   The calculations and requirements can feel daunting, but you don’t have to navigate them alone. At Sincere Immigration, our experienced team specialises in the BNO visa route. We offer a free initial consultation to review your circumstances and travel history. Based on our proven track record of successful ILR applications, we can provide clear, tailored advice, handle the complex calculations for you, and guide you through the entire process to give your application the strongest chance of success.