Table Of Contents:
- What is Lapsed Settlement
- Key Reasons Why Settlement Lapses
- Consequences of a Lapsed Settlement
- What is a Returning Resident Visa
- Who Can Apply
- Steps to Apply for a Returning Resident Visa
- Considerations Before Applying
- How to Prevent Your Settlement from Lapsing
- Final Thoughts
For many migrants, obtaining Indefinite Leave to Remain (ILR) or settlement status in the UK is a major milestone—it represents the freedom to live, work, and build a life in the country without immigration restrictions. However, this status is not entirely permanent. In certain circumstances, it can be lost or “lapsed,” leaving individuals without the right to re-enter or reside in the UK. In this blog, we’ll break down what lapsed settlement means, how it happens, the impact it can have, and what you can do if you find yourself in this situation.
What is Lapsed Settlement?
Lapsed settlement refers to the automatic loss of Indefinite Leave to Remain (ILR) or Indefinite Leave to Enter (ILE) due to a prolonged absence from the UK.
If you stay outside the UK for more than 2 years, 5 years if you have settled status under EUSS, and 4 years if you are a Swiss citizen, your ILR or ILE status may be considered abandoned. This may happen because the Home Office assumes you no longer intend to make the UK your permanent home. In such cases, your settlement status becomes invalid.
The LTERO (Leave to Enter and Remain Order 2000) sets out some exceptions that prevent a person’s leave from lapsing for the following people:
- A partner or child accompanying a member of HM Armed Forces overseas
- A partner or child accompanying a permanent member of the British Council, Foreign, Commonwealth & Development Office, or Home Office overseas
Key Reasons Why Settlement Lapses
- Extended Absence from the UK – The most common reason for losing ILR is remaining outside the UK for more than 2 consecutive years. If you’ve left the UK and haven’t returned within this time frame, your status may be automatically revoked.
- Absence of Strong UK Ties – Even if you return before the two-year mark, weak ties to the UK—such as no property, job, or family—can still be a concern when reapplying for re-entry.
- Not Updating BRP or Documents – Though ILR doesn’t expire, your Biometric Residence Permit (BRP) does. Failing to renew or update these documents can create confusion and prevent a smooth return.
- Settled Status Holders (EU/EEA Citizens) – Those with status under the EU Settlement Scheme (EUSS) may lose their settled status if they stay outside the UK for more than 5 years (or 4 years for Swiss citizens). Pre-settled status holders can lose it after just 2 years of absence.
Consequences of a Lapsed Settlement
- Loss of the Right to Reside in the UK – Once your ILR lapses, you no longer have the right to live or work in the UK. You may be denied entry at the border and must apply for a new visa to return.
- No Access to Public Services or Benefits – Without a valid ILR, you lose access to the NHS (without surcharge payment), education benefits, housing support, and other public services.
- Ineligibility for Citizenship – Continuous residence is a requirement for British citizenship. If your settlement lapses, it may disrupt your qualification for naturalization.
- Impact on Dependents – If you lose your settlement, your dependents’ visas or future applications could also be affected.
What is a Returning Resident Visa?
If your settlement status has lapsed and you now want to return and settle in the UK, you must apply for entry clearance to return to the UK. Your application as a returning resident will be assessed by a decision maker under Appendix Returning Resident to the rules.
If your ILR or ILE status has lapsed, you may return to the UK, but you’ll need to apply for a Returning Resident visa. It allows individuals who previously held ILR to return to the UK to live permanently.
Who Can Apply?
You can apply for a returning resident visa if:
- You had ILR or ILE when you left the UK.
- You’ve not been granted any other settlement visa since then.
- You can demonstrate strong ties to the UK.
- Your absence should ideally be less than 10 years, with compelling reasons for being away.
Steps to Apply for a Returning Resident Visa
You need to follow the below steps for a returning resident visa:
1. Check Your Eligibility –
You need to confirm to the UKVI that you held ILR or ILE previously and that you have not lost your immigration status due to deportation or legal issues. Understand the requirement for strong UK ties and credible reasons for your long absence.
2. Prepare Documentation –
You need to gather the following documents.
- Previous BRP (Biometric Permanent Residence) or evidence of ILR (Indefinite Leave to Remain)
- Proof of residence before you left the UK, such as utility bills, tenancy agreements, etc.
- Reasons for staying away for so long, such as illness, family responsibilities, and the global pandemic.
- Evidence to show your strong UK ties, such as property ownership, job offers, family, etc.
3. Submit an Online Application –
You need to apply from outside the UK. You need to complete the ‘UKA/ROA/RR’ form or the ‘Windrush Scheme application (Overseas) form if you are applying under the Windrush Scheme. After that, pay the application fee (no fee is required for the Windrush Scheme) and make an appointment at a Visa Application Center (VAC).
4. Enroll your Biometrics –
You need to provide your biometric information (fingerprints and photograph) at the VAC.
5. Wait for the Decision –
It usually takes several weeks to process your application.
Considerations Before Applying
The home office will consider the following before granting you entry clearance as a returning resident:
Was Your Absence Reasonable?
If there was a medical condition, caregiving responsibilities, or legal restrictions due to emergencies, it may count as acceptable reasons.
Do You Intend to Resettle?
You must prove a genuine intention to live in the UK permanently again.
Do You Have Strong Ties in the UK?
This could include immediate family, property, community connections, business ties, or previous contributions (tax, work).
Do You Meet Financial Requirements?
You should show that you can support yourself without needing public funds upon return.
How to Prevent Your Settlement from Lapsing?
- Visit the UK Regularly – You should make at least one short trip to the UK every 2 years to maintain your ILR status.
- Keep Your BRP Updated – You need to ensure your documents are valid and reflect your current status.
- Maintain Strong UK Ties – If you own a property in the UK, maintain a UK bank account, or work remotely for a UK employer, it can help prevent your settlement from lapsing.
- Stay Informed About Immigration Rules – Laws and eligibility criteria can change. You should keep up to date through the official UK Home Office website.
Final Thoughts
Lapsed settlement in the UK can be a complex and stressful issue. It often comes as a shock to individuals who assumed their ILR status was permanent. But understanding the rules, maintaining strong ties to the UK, and acting promptly if your settlement has lapsed can make a significant difference.
If your ILR or ILE has lapsed, you may apply for a returning resident visa. However, it is not guaranteed that you will be granted entry clearance as a returning resident. The process of applying as a returning resident also demands strong documentation and a clear intent to resettle.
To avoid losing your settlement status in the first place, you should stay connected to the UK both physically and practically. If you have any confusion, you should seek legal advice or consult an immigration expert to guide you through your next steps.
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