Table Of Contents:
- What is Indefinite Leave to Remain (ILR) Expiry
- Can Indefinite Leave to Remain Status be Revoked
- Proof of Your Settlement Status in the UK
- Remedy to the Indefinite Leave to Remain (ILR) Expiry
- Applications for Entry Clearance as a Returning Resident
- Eligibility Requirements for Returning Residents
- Granting Entry Clearance
- Final Thoughts
Indefinite leave to remain is a settlement status in the UK. Once you have it, you can live and work in the UK without any time restrictions. You can access public funds and public benefits, such as NHS services. Usually, you don’t lose your ILR status after having obtained it. Indefinite leave to remain (ILR) expiry is not possible. However, your ILR status may lapse, or it can be revoked in certain circumstances. ILR is also a pathway to citizenship. As per the current rule, if you have held ILR for at least one year, you may be eligible to apply for British citizenship.
What is Indefinite Leave to Remain (ILR) Expiry?
ILR does not officially expire. You can enjoy living and working indefinitely after having ILR status in the UK. When you hold a settlement, i.e., indefinite leave to enter or remain status, you are allowed to be outside the UK and the Islands for a certain period of time or under certain circumstances specified in the Immigration LTERO (Leave to Enter and Remain) Order 2000. If you stay outside the UK and Islands for more than the permitted period or under circumstances not allowed, your settlement status lapses through the operation of law. The periods are
- More than 5 years, if they previously held settlement status in the UK under the EUSS
- More than 4 years, if they previously held settlement status in the UK under the EUSS as a Swiss citizen or a family member of a Swiss citizen
- Otherwise, more than 2 years
The LTERO sets out some exceptions that prevent a person’s leave from lapsing for the following people:
- A child or partner accompanying a member of HM (Her Majesty’s) Armed Forces overseas
- A child or partner accompanying a permanent member of the British Council, Foreign, Commonwealth & Development Office, or Home Office overseas.
In such cases if you want to return to the UK you will need to apply for entry clearance as returning resident to regain residency rights. It is important to know that your ILR status can be impacted if there is change in your circumstances, for example, acquiring citizenship in another country or committing breaches of UK law.
A decision maker will assess the application for a returning resident under Appendix Returning Resident to the rules.
Can Indefinite Leave to Remain Status be Revoked?
In certain circumstances, your UK ILR can be revoked or taken away. Your ILR status will automatically be revoked if you are deported. Your ILR status will also be revoked if you are liable for deportation, but your deportation cannot be carried out for legal reasons, such as the Refugee Convention or the EU Convention on Human Rights.
Your ILR will also be revoked if you are found to have used deception to obtain it or if you were granted ILR status as a refugee and that refugee status no longer apply.
Proof of Your Settlement Status in the UK
If you are trying to enter the UK when your settlement or Indefinite Leave to Remain (ILR) expiry has occurred, or in other words, your ILR status has lapsed, Border Force officers will check this. For this, officers must first check whether you were previously granted a settlement. Evidence of settlement status in the UK can be
- Endorsement of ILE (indefinite leave to enter) or ILR (indefinite leave to remain) in your passport, a BRP (Biometric Residence Permit), or on an immigration status document.
- NTL (No Time Limit) endorsement in your BRP or on an immigration status document.
- Returning resident visa
- Open the date stamp in your passport after ILE or ILR has been granted.
- An eVisa (an electronic version of a person’s immigration permission) that confirms you have settled in the UK.
The Home Office stopped issuing BRPs on 31 October 2024, and most BRPs expired on 31 December 2024. The Home Office has advised BRP holders to create a UKVI account to access their eVisa if they have not already done so.
If you can provide evidence that you have been granted a settlement and you have been outside the UK within the permitted time period, you should be granted entry at the border.
Remedy to the Indefinite Leave to Remain (ILR) Expiry
If your ILR status has expired due to staying outside the UK for longer periods, and you still want to regain your status, your remedy is the returning resident visa. This means that before you can enter the UK again, you need to apply for entry clearance as a returning resident.
Applications for Entry Clearance as a Returning Resident
If you are facing Indefinite Leave to Remain (ILR) expiry due to your absence from the UK for more than the permitted time period, you need to apply for entry clearance before arriving in the UK. You need to apply for entry clearance if you want to regain your old immigration status, which would otherwise have been intact had you stayed outside the UK within the permitted time period.
Eligibility Requirements for Returning Residents
A returning resident must meet certain eligibility requirements when they apply for entry clearance before they arrive in the UK. They need to meet the entry requirement, intention to settle, strong ties to the UK, and parental consent requirement for a person aged under 18.
1. Entry Requirement
If you want to return to the UK, you must apply for and be granted entry clearance as a returning resident before arriving in the UK.
You must have previously received a settlement status in the UK, which has lapsed due to your absence from the UK. You are not required to have last left the UK with settlement status.
2. Intention to Settle
You must prove your genuine intention to return to the UK for the purposes of settlement. For example, your immediate reasons for wanting to resume your house hunting or job hunting prior to returning to settle some months later would substantially demonstrate your intention to settle. Whereas, reasons to return for a short time for a fixed-term job, medical treatment, or study would not.
3. Strong Ties to the UK
You can prove your strong ties to the UK in a number of ways. The decision maker, when assessing whether you should be readmitted as a returning resident, will need to consider the nature of those ties and which of those ties have been maintained during a person’s absence.
Such ties may include the following and more:
- Family ties
- Business ties
- Property ties
- Length of original residence and length of time spent outside the UK
4. Parental Consent for a Returning Resident Aged under 18
This is a requirement for returning residents who are aged under 18 on the date of application. They must provide written consent from both their parents, one parent if that parent has the sole responsibility for the applicant, or their legal guardian. The written consent must confirm the following:
- Support for the application itself,
- The living and care arrangements for the applicant in the UK, and
- The applicant’s travel and reception arrangements in the UK.
Granting Entry Clearance
The decision makers must issue you entry clearance with indefinite leave to enter if your Indefinite Leave to Remain (ILR) expiry has happened and you satisfy the requirements in Appendix Returning Resident to the rules. You will be given an eVisa that confirms your status as a returning resident.
Final Thoughts
Anyone with indefinite leave to remain must comply with the conditions associated with the leave to avoid indefinite leave to remain (ILR) expiry. One of those conditions is not staying outside the UK, only within the permitted time period (they have been mentioned above), and under circumstances other than permitted ones. Staying outside the UK for more than the permitted time period may result in indefinite leave to remain (ILR) expiry or the lapse of indefinite leave to remain.
In such circumstances, you must apply for entry clearance to return to the UK. You must apply and be granted entry clearance before you arrive in the UK. For this application, you must meet eligibility criteria by showing required evidence. For any assistance, you should consult an immigration lawyer.
Read Similar Blogs:
Good Character Requirement for British Citizenship Applications
UK Citizenship-The Path to Naturalization
Things to know about the UK 10-year long residence ILR route