COVID-19 and UK Absence Discretion: What Still Applies?
How the pandemic still affects UK absence calculations for some ILR and citizenship applicants, and when discretion may still be granted.
The COVID-19 pandemic disrupted international travel from early 2020 through to 2022. For many UK visa holders, this meant being stranded abroad or unable to return to the UK. Years later, this can still affect settlement applications.
The Home Office position
During the pandemic, the Home Office issued concessions acknowledging that some absences were outside applicants’ control. Where travel was prevented by:
- National lockdowns and border closures
- Mandatory quarantine requirements
- Flight cancellations
- Serious COVID-19 illness abroad
…excess absences can often be excused in a discretionary decision.
Does it still matter in 2026?
Yes — if your qualifying period includes 2020, 2021, or early 2022, pandemic-related absences may still fall within your 5-year window. For a typical Skilled Worker visa, someone applying for ILR in 2026 whose qualifying period began in 2021 could still have COVID-era absences counting.
How to request discretion
Discretion is not automatic. You’ll need to:
- Explain clearly which trips were affected
- Provide evidence (flight cancellations, government travel restrictions, medical records)
- Show that you returned to the UK as soon as possible
Include a cover letter with your application that sets out the circumstances in chronological order.
What evidence works best?
- News articles about specific border closures
- Official government notices (FCDO travel advice)
- Airline cancellation emails
- Medical records if you were ill
- Employer letters if you were required to stay abroad
What doesn’t work
- “I chose to stay abroad because I felt safer there” — this is unlikely to attract discretion
- “I didn’t want to quarantine on return” — this was a choice, not a compulsion
Discretion is for circumstances you couldn’t control, not personal preferences.
Planning around pandemic absences
If you have a pandemic-era excess absence year still in your 5-year window, you may simply be able to wait it out — once that 12-month period rolls out of your qualifying calculation, the issue disappears.
awayfrom.uk visualises your rolling absence windows so you can see exactly when a problem window will age out.