Under UK immigration rules, your Indefinite Leave to Remain (ILR) status will not expire if you remain in the UK. However, if ILR holders have left the UK, Ireland or the Crown Dependencies (Isle of Man, Guernsey and Jersey) for more than two consecutive years, their ILR status will automatically lapse. Don’t worry. Once you have lost the ILR, it is still possible to get it again. However, you need to work hard for that. In this article, we will show you how to keep your ILR valid all the time in the UK to avoid some unnecessary troubles. Read below carefully and keep your ILR valid.
ILR rules
The ILR rule states that your ILR status will not be valid after you have left the UK for more than 2 years, meaning you are not allowed to be settled in the UK.
However, once you return within 2 years, you still have a chance to keep your ILR valid. And you will be exempt from the ILR rule if you:
- A dependent member of the HM Armed Forces who needs to be accompanied overseas.
- A dependant of a British citizen or permanent resident of the Foreign and Commonwealth Office, Department for International Development, Home Office or British Council who has accompanied overseas
- A Commonwealth citizen covered by section 1(5) of the Immigration Act 1971
- Some situations that you don’t need to leave to ask for when you return to the UK.
Returning resident visa
Unfortunately, if the two-year rule applies, you will lose ILR status. Don’t panic. You can return to the UK after a 2-year absence or longer by applying for entry clearance with a returning resident visa. If you are readmitted as a returning resident, your ILR will be restored. Therefore, you should apply to resume your settlement as a returning resident when your ILR has lapsed and you need to return to the UK. Besides, you must meet the following guidelines:
- You still keep the evidence of previous ILR status in your passport
- You have a Biometric Residence Permit (BPR).
- The cost of your departure from the UK was not supported by public funds
- You want to enter the country with the purpose of settlement.
- You need to offer the evidence to explain the reasons why you are absent from the UK.
- If you come back the UK for the reason of working or studying, you still are allowed to remain in the UK on completion.
How can I prove my Indefinite Leave status?
Usually, it is not mandatory to show the documentary proof of your ILR. However, when you prove the right to work, study in the UK, it is recommended to confirm your status with the supporting documents to avoid unnecessary questions. Here are the various documents that can be used as evidence.
- Biometric Residence Permit (BRP)
- “No Time Limit” in your passport.
- Official letter from the Home Office confirming your ILR status.
What if your ILR is on an expired passport?
If your ILT is on an expired passport, and you do not have proof of your indefinite leave status, you can transfer your indefinite leave to a BRP by making a time-limited NTL application. In addition, it is necessary to apply for a BRP if you have changed your identity since being given ILR. Here you can apply with the following instructions:
When applying for BRP, you must meet the following requirements:
- You have a valid ILR in the UK.
- You have not lost your ILR status through the two-year absence.
- You will continue to be entitled to ILR
When you transfer your ILR status to a BRP, you will need to follow the steps below.
- Complete and submit the NTL application form.
- Pay the application fee
- Have your biometrics taken, such as fingerprints and a photo taken at a UKVCAS service.
- Upload some documents, such as proof of identity and passport.
Can ILR status be revoked?
Yes. Your ILR may be revoked, if you are in one of the following circumstances, such as:
- You will be deported from the UK.
- You will be administratively removed from the UK.
- You have obtained the ILR as a refugee, but have lost your refugee status due to certain actions.
You got the ILR, which was considered cheating by the Home Office.
After your ILR has been revoked, it is important for you to seek help from an immigration officer. They can offer you the best option under your circumstances. Here are some ways to get your ILR back:
- You request an administrative review when you believe that the Home Office made a mistake.
- You can appeal if you are on indefinite leave under the EU Settlement Scheme where the decision violates your rights.
- A judicial review to challenge the legal basis of the decision.
- If the Home Office made the decision to revoke your ILR without following their own proper guidance, you can have that overturned.
Other ways ILR can be lost
By law, if you are absent from the UK for more than 2 consecutive years, you will automatically lose your ILR. If you have been away from the UK for less than 2 years, but you return to the UK without the purpose of settlement, you are likely to lose ILR status.
In addition, there are some instances where your ILR will be revoked by the Home Office. For example, you are liable for deportion, you are found to have been awarded ILR through deception, or you are granted ILR as a refugee but you no longer hold refugee status.
FAQ:
How much is the Indefinite Leave to Remain fee in 2023?
When applying for the ILR, you must prepare the required fees, such as the application fee – £2,404, plus £50 per person for any dependants who are part of the application. In addition, there are other fees you need to pay for the Life in the UK test – £50 and the English language test – £150. If you need to translate documents and information into professional English, you also need to pay translation fees.
Can I take indefinite leave to stay with my child?
Yes. Under the EU Settlement Scheme, if you are not a British citizen, you may be able to obtain the ILR through your child in the UK. However, you must meet the following requirements:
- You are a family member from the EU, Switzerland, Norway, Iceland or Liechtenstein.
- You are the family member of an eligible person in Northern Ireland
- You must apply outside the UK.
With the permit, you can come to the UK for up to 6 months. In addition, it is allowed to work and study, and come and go whenever you want before the permit expires.
How to keep ILR valid
If you want to keep your ILR valid all the time, the best way is to continue to live in the UK. An absence of more than than 2 years may invalidate your ILR status. And you must behave well in your day-to-day life, with no criminal issues causing your ILR to be revoked.
How many days can you stay outside the UK for ILR?
According to the 2-year ILR rule, you cannot be absent from the UK for a continuous 2 years. Otherwise, you may lose your ILR status. If possible, you should always stay in the UK for valid ILR.
What happens if my Biometric Residence Permit (BRP) expires?
The BRP may prove your ILR status, but it will not affect your ILR status with the expiry date of your BRP. On the card, it usually shows a 10-year expiration date. Because the Home Office needs to upgrade next-generation encryption technology on BRPs. You don’t need to be confused as to why you were given a BRP with the expiry date. When your BPR expires, you can easily renew your BRP online. If your personal information has changed, you must inform the Home Office and update your BRP card.
But when your BRP has been stolen or lost in the UK, you must report it to the police and get a replacement within three months. If you don’t report this and get a replacement, you risk being fined. And worst of all, they could revoke your settled status in the UK. If your BRP is lost or stolen overseas, you must inform the UK embassy and apply for a single entry visa to return to the UK. After returning to the UK, you must apply for a replacement BRP within three months.
Conclusion
If you don’t want to risk losing your ILR, it is better for you to stay in the UK. If you really need to leave the UK and deal with your business, you must schedule the time and return to the UK as soon as possible before the 2-year period expires.
Erin Lo