Seems very clear. To answer the question above, we need to consider paragraph 18 of the Immigration Rules, below:. A person may resume their residence in the UK provided the Immigration Officer is satisfied that the person concerned:. Often overlooked part of paragraph 18 iv states that not only a person must have been away from the UK for less than 2 years, but that person must be returning to the UK for the purpose of settlement. In a scenario outlined above, a short return to the UK every two years may result in ILR being cancelled at the border, as at some stage the person may have created life overseas and will not, therefore, be returning to the UK for the purposes of settlement, but rather attempting to enter as a visitor in order to prevent their ILR from lapsing.
In accordance with paragraph 18 iv above, a person will need to show that they are returning back to the UK for the purposes of settlement.
This will be obvious on most occasions where a person is resident in the UK and went overseas for a holiday or a short break.
The provision, however, also covers situations where a person is in work or study for long periods overseas, but still has an intention to return to the UK and settle upon completion of that employment or a period of study. The person will still be able to return to the UK, the factors below will be considered:. If the decision is made to cancel ILR due to a change of circumstances, the person will have a right of Administrative Review , which, as we know, is of limited scope.
There is no right of appeal against a decision to revoke ILR or against the refusal of a returning resident application. Individuals who wish to apply for an entry clearance in order to travel to the UK as returning residents will have to prepare and submit an online application.
If you have Indefinite Leave to Remain and return to the UK within two years of absence to avoid loss of your Indefinite Leave to Remain but you only stay in the UK for a very short period then the Home Office could still question the continuation of your Indefinite Leave to Remain. That is because your Immigration status is based on settlement in the UK rather than a short physical presence in the country.
If you have been absent from the UK for any substantial length of time it is vital that you check the amount of time you have spent away from the UK before trying to re-enter the UK. That is because if you try to re-enter the UK after your Indefinite Leave to Remain status has expired automatically after an absence of over two years and you do not have a returning resident visa or other entry clearance, you will be refused entry to the UK.
The best advice that Immigration solicitors can give is not to be lulled into thinking that you are OK because there is no clear expiry date on your Immigration paperwork or documents relating to your Indefinite Leave to Remain. If you lose your Indefinite Leave to Remain status because you are absent from the UK for more than two years and you want to return to the UK then you need to apply for a returning resident visa or entry clearance. Once you have secured returning resident status then your Indefinite Leave to Remain will be reinstated.
If you need a returning resident visa the application has to be made before you travel back to the UK. Home Office caseworkers have to follow guidance on how to exercise discretion on whether to grant a returning resident visa.
When applying for a returning resident visa, after an absence of over two years from the UK, you need to show Home Office officials that:. If your application for a returning resident visa is refused then it is best to take legal advice on your options. For example you could look at whether your best route to return to the UK is by way of application for administrative review of the decision to refuse you a returning resident visa or alternatively whether a fresh visa application, such as an Investor Visa or Tier 2 General visa, is the better means of securing your entry to the UK.
As well as the two year rule, you will automatically lose your Indefinite Leave to Remain if:. If you are at risk of having your Indefinite Leave to Remain status revoked it is vital to take urgent legal advice on your best options to see if the decision is capable of challenge. OTS Solicitors are specialist in Immigration law and visa and settlement applications.
If you need help with an Indefinite Leave to Remain application or are worried that your Indefinite Leave to Remain may be lost then call us on or complete our online enquiry form. First Name. Last Name. Your Name. Your Email Address. Your Telephone Number. Your Message. Yes, I am happy for your network of lawyers to contact me. Can I get my Indefinite Leave to Remain status back if it has expired?
To be eligible for a Returning Resident Visa, you must prove to the Home Office that are able to meet the requirements, these include: Showing that you previously held Indefinite Leave to Remain Proving that you did not use public funds to leave the UK Demonstrating that you intend to make the UK your permanent home Immigration officials will take several factors into consideration when making a decision about your Returning Resident Visa application.
Your City. I consent to marketing emails. Why does my biometric residence permit BRP expire on 31 December ? Can my Indefinite Leave to Remain status be revoked? If you are at risk of being deported, you should seek legal advice as soon as possible. Do you need help with expired ILR status?
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