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Permanent resident status will be revoked if an individual’s stay outside the UK exceeds two years. For further details regarding staying outside the UK with ILR and potential limitations, or if you have any issues, please contact us at 02033844389.
Overview
Citizens with Indefinite Leave to Remain will lose their status if they have not lived in the UK for two years or more.
If they have lost their ILR in this way, they might be able to try to get it back by choosing a returning resident visa.
There are several exceptions to the two-year time limit, such as persons serving in the UK military or government, as well as their dependents if applicable.
Eligibility Criteria
You need to be able to show:
- You have a link to the UK, such as a family living in the UK.
- You can explain your time of absence or why you left the UK.
- A valid passport
- Allow to enter the UK again
Dependants
If your dependents are going with you, each of them will need to apply for their own separate returning resident visa. Dependants typically include:
- A spouse or partner
- A child
Processing Fees & Time
An application for a returning resident visa now costs £531. Also, the application fee for ILR is £2,389
When filing for an ILR or returning resident visa, applicants should think about and be ready to pay for all of the hidden costs, including rent, passport updates, healthcare surcharge fees, taxes, and more.
Returning resident visas currently take about three weeks to process. At this time, it takes about six months to process an ILR request.
When you double-check that all of the supporting documents in your application files are accurate and legitimate, it will greatly reduce the processing times.
If your application is incomplete or inaccurate, it will slow down the process and add unnecessary time to the waiting period—not ideal if you need your visa to travel.
What documents Are Required?
You must provide:
- A legal passport or passports from the past
- Your passport-sized colour photo
- Proof that you have ties to the UK, such as proof of UK income, renting agreements, mortgage papers, etc.
Exceptions
Employees of the British Council, members of the British Armed Forces, and government agencies are exempt from the ILR time limit.
Once these individuals—along with their spouses or dependents—have spent two years outside the UK, their Indefinite Leave to Remain will still be valid.
A returning resident visa is not necessary for these individuals.
If the person who is serving brought their spouse, partner, or children with them to their foreign posting, they are also exempt.
They are also considered to be British citizens or permanent residents if they meet the following criteria:
- Diplomatic Service member permanently
- UK-based British Council employee abroad
- Official working at the Foreign, Commonwealth, and Development Office
- Home office worker
Rights When You Have ILR
While you have ILR, you will be able to do the following:
- Benefits and other public funds
- Higher education in the UK, including universities and tuition loan funding
- Vote in both local and general elections.
- No restrictions on leaving or entering the UK (so long as you don’t stay out for two years continuously).
- The freedom to come to the UK and work
- The possibility of obtaining permanent British citizenship
- Health care in the UK without having to pay extra fees
- The right to live in and rent out a home in the UK
- You may be eligible for automatic British citizenship for any children born in the UK after you obtain ILR.
- Once you have ILR, you may be eligible to bring dependent family members (such as children or partners) to the UK to be with you.
Revocation of ILR
Under specific conditions, ILR can be withdrawn. These include the following:
- If you did something illegal in the UK or another country,
- To get your ILR or visa, you engaged in fraudulent activities, such as a fake marriage.
- You have lost your status as a refugee, which you used to get permanent residency.
- You are liable for deportation
- Also, you spent two years continuously outside of the UK.
How to Properly Document Your ILR Application?
There are several ways to officially document indefinite leave to remain:
- Biometric Residence Permit
- The possibility that your passport’s “No Time Limit” stamp has already expired
- Your passport must have an Indefinite Leave to Enter stamp, which may have already expired.
- If your ILR stamp has expired, you will still need it in your passport.
- An ILR endorsement in your passport (which may be expired).
- Your right to remain in the UK indefinitely is confirmed by a letter from the Home Office.
How ILR Grants You the Freedom to Work in the UK?
Once your request for Indefinite Leave to Remain is accepted, you do not need permission from the government to change jobs or start a new one. Furthermore, any previous limits on your hours or nature of work are lifted.
You can work in any business or profession, whether self-employed or employed. Just ensure you follow the relevant legal and business rules.
There are no further limitations on your ability to live and work in the UK after you receive Indefinite Leave to Remain.
However, if you intend to reside or work in the Isle of Man or one of the Channel Islands, you need first contact with the relevant island’s immigration authorities.
How Long May a Spouse Visa Holder Stay in the UK?
With this visa, you have a total of 2 years and 9 months to remain in the UK. You can stay for six months if you’re applying as a fiancé, fiancée, or prospective civil partner.
You’ll have to apply to extend your stay after this.
A spouse’s application from outside the UK can be approved for a spousal visa for up to 32 months, while an application from inside the UK can be approved for 30 months.
If you wish to stay in the UK during this time, you might even be able to extend your spouse’s visa.
Your ability to remain in the UK for an additional fifteen months can be extended through a marriage-related visa extension.
With your EU Settlement Scheme Settled Status
Within the European Settlement Scheme, if you have settled status as a citizen of the European Union, you will need a valid document that proves your status.
If you need to confirm someone’s UK registration, the Home Office can provide you with a link to see their registration details.
For further information on your options, you can refer to the EU settlement scheme guide.
For more information, contact one of our expert immigration attorneys. They will guide you through the steps and address any concerns you may have regarding settlement schemes.
Can I Lose My Indefinite Leave to Remain in the UK?
If you have been outside the UK for more than two years or a border officer suspects you are entering the UK for a purpose other than settling (for example, visiting), you may lose your ILR.
How Can UK Immigration Solicitors Help?
Whether you have questions regarding international law residency (ILR) or want to know how to get a returning resident visa to come back to the UK, our team of experienced immigration lawyers is here to help. Throughout the immigration application process, our immigration lawyers can offer expert guidance and counsel.
We at UK Immigration Solicitors are here to help you with any queries or issues you may have regarding UK visas and immigration, including those regarding your absences from the UK on your visa, applying for ILR, or any other issue you might have.
Call us at 02033844389 or send us an email to learn more about our services and how they might benefit you.
