Gaps in permission before settlement

What Counts as a Gap

A gap in leave means any period where you did not have valid immigration permission to be in the UK. This includes:

• Overstaying your visa.
• A period between visas where no application was pending.
• A refused application where you did not have Section 3C protection.

Appendix Continuous Residence says continuous residence is broken by any period without permission unless the "exceptions for overstayers" in Part Suitability apply. Those exceptions cover, broadly, an application made within 14 days of your permission expiring where the Home Office accepts there was a good reason beyond your or your representative's control, or an application made within 14 days of a refusal, the end of Section 3C leave, or the end of an appeal or administrative review.

See our continuous residence guide for the full rules.

Section 3C Leave

Section 3C leave is your safety net. It automatically extends your existing leave while a valid application is pending. To benefit from Section 3C:

• Your application must be submitted before your current visa expires.
• The application must be valid (correct form, correct fee).
• Section 3C continues until the application is decided and any appeal period has passed.

Impact on ILR

For the standard 5-year ILR route, a gap in leave means:

• Your qualifying period for ILR may restart from when lawful leave was restored.
• You may not be able to count time before the gap towards your 5 years.
• The Home Office will check your immigration history carefully.

For the 10-year route, the rules are stricter than they used to be. Appendix Long Residence requires 10 years of lawful residence, with the continuous residence requirement met for the whole period. Any period of overstaying between grants of permission on or after 24 November 2016 does not count as lawful residence, even where the exceptions for overstayers apply, and applicants must have held permission on their current route for at least 12 months at the date of application (unless that permission was granted before 11 April 2024).

On 2 November 2026 the government announced, in its response to the earned settlement consultation, that "the Long Residence route will close" (page 19). It is not yet in the Immigration Rules, so the route is open today, but no closure date and no arrangement for people part-way through have been published. The same response says that an immigration breach committed as an adult, which includes overstaying, would place an applicant on a 20-year path to settlement (page 9). It does not say whether a short gap covered by today's exceptions for overstayers would count as a breach; the list of qualifying breaches is to be set out in the Immigration Rules. That too is announced policy, not law. See our earned settlement guide.

Preventing Gaps

• Set calendar reminders at least 3 months before your visa expires. Check your eVisa regularly.
• Submit extension applications well before the expiry date. See our visa fees guide for costs.
• Never assume an employer, solicitor, or anyone else is handling your application. Verify yourself.
• Keep confirmation of all applications submitted. You will need biometrics for extensions.

If You Have a Gap

If you have already had a gap in leave, seek legal advice immediately. Options may include:

• Applying for a fresh visa (see switching visa categories) and starting a new qualifying period.
• The 10-year long residence route, under its own rules on gaps (set out above). The government announced on 2 November 2026 that this route will close; no closure date has been published.
• Exploring arguments under Article 8 of the European Convention on Human Rights (the right to private and family life) based on your life in the UK. See our visa refusal guide for more.

See our DIY vs solicitor guide for finding legal help.

For official guidance, visit GOV.UK: indefinite leave to remain.

Questions and answers