With indefinite leave to remain (ILR), you are permitted to stay in the UK without restrictions on your time or activities in the UK. You are also able to travel into and out of the country free from immigration control. Although ILR grants indefinite permission to reside in the UK, this status can be lost in certain circumstances.
UK immigration rules specify that ILR status can expire where the individual has left the UK, Ireland or the Crown Dependencies (Isle of Man, Guernsey and Jersey) and remained absent for a period of more than two continuous years. This means that after two years of absence from the UK, you may no longer be considered present and settled in the UK.
The two-year rules applies regardless of the expiry date on your ILR documentation, such as your BRP or vignette in your passport. Your status will be deemed to have automatically lapsed after two years out of the country.
Returning to the UK briefly will have the effect of restarting the clock, but you should be aware that border officials may question if you are only in the UK for short periods at a time, since ILR status relates to being settled and permanently residing in the UK.
UK immigration rules are complex and subject to frequent change. If you are concerned about your UK immigration status, take professional advice.
If you attempt to re-enter the UK on the basis of your ILR status but it has since expired, you will be refused entry and deported. It is best to avoid the hassle and expense by checking your status before you travel and taking any necessary steps to secure permission to travel to the UK before you arrive at the border.
We are experienced UK immigration specialists offering guidance and support to individuals in relation to their UK immigration status and options. We can help you understand your position by assessing your previous status and grant of leave and whether this has lost by reason of the indefinite leave to remain expiry rules or other.
Where your status has expired and you are intending to return to the UK to resettle, we can help with your application for a returning residents visa. We can advise on the evidence you will need to compile to provide a compelling submission for the immigration officer and support a successful application for readmission and reinstatement of your ILR.
The team can also answer your questions on proof of ILR and BRPs.
