If you are an indefinite leave to remain (ILR) holder, or are applying for ILR, it is important to be aware of the indefinite leave to remain expiry rules and how ILR status can be lost or revoked.
Indefinite Leave to Remain grants individuals the right to live and work in the UK without restrictions. However, ILR status can be affected by certain circumstances, particularly if a person spends extended periods outside the UK. While ILR itself does not officially “expire,” it can be lost if the holder is absent from the UK for more than two years. In such cases, re-entry may require applying for a Returning Resident visa to regain residency rights.
To maintain ILR status, individuals must ensure they adhere to the conditions set out by UK immigration rules. Staying informed about any potential risks to status, such as prolonged absences, is essential. Those returning after long periods abroad must provide evidence that they intend to remain in the UK permanently and have strong ties to the country.
It’s also worth noting that ILR status can be impacted by changing circumstances, including acquiring citizenship in another country or committing breaches of UK law. If unsure, our advisers can provide professional advice in your specific circumstances.
Rules on indefinite leave to remain expiry
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.
Only in the following limited circumstances could you be exempt from the indefinite leave to remain expiry rule:
- You are a dependant of a member of HM Armed Forces who, you have accompanied overseas
- You are a dependant of a British citizen or settled person (ie an individual with ILR, settled status or permanent residence) in permanent employment in the Foreign and Commonwealth Office, Department for International Development, the Home Office or British Council and they have been accompanying them overseas
- You are a Commonwealth citizen covered by section 1(5) of the Immigration Act 1971
- You return to the UK in circumstances that do not require leave to enter
If the two-year rule applies and your ILR status has been lost, you will need to apply for entry clearance as a returning resident before coming back to live in the UK.
Note that for those with EU settled status, the expiry rule applies after five years out of the UK.
Returning resident visa
A returning resident visa will be required if you are looking to re-enter the UK to settle after an absence of two years or more, having previously held and lost the grant of indefinite leave to remain. If you are readmitted as a returning resident, your ILR will be restored.
If your ILR has lapsed and you have subsequently returned to the UK as a visitor, you should still apply to resume your settlement as a returning resident from outside the UK.
Previous rules allowed such individuals to apply for re-entry at the border, however, since July 2018, you should instead make your application for entry clearance with a returning resident visa prior to travel to the UK.
Returning resident visa requirements
To be eligible as a returning resident, you will need to show that you did previously hold valid ILR when you left the UK, that you did not receive assistance from public funds towards the cost of leaving the UK and that you now intend to make the United Kingdom your permanent home.
UK immigration officials are afforded discretion under paragraph 19 of the Immigration Rules to determine readmission for returning resident status, looking at a number of key requirements and factors for consideration:
- You can show you have sufficiently strong ties to the UK. Strong ties would usually include evidence of links to family present in the UK, as well as work and property connections, and the degree to which you have maintained these links and contact during your absence. The stronger your ties to the UK, the more likely you will be granted the returning resident visa.
- Length of absence. The length of time you have been away from the UK will be a critical factor in determining your eligibility for readmission and reinstatement of your ILR. The longer you have been away from the country, generally it can be more difficult to establish you have maintained sufficiently strong ties.
- Length of original UK residence. A longer period of original stay can be used to support a claim for strong ties.
- Your reasons for absence. You will also need to provide evidence and details of why you left the UK and of your current circumstances. For example, did you leave to care for an ill relative, to work or study and are now looking to live back in the UK?
- Other factors may also be considered such as service overseas with a particular employer, prolonged medical treatment abroad of a kind not available in the UK or a prolonged period of study abroad by a person who wishes to rejoin the family in UK on completion of studies.
Any dependants, such as your spouse, partner or children under 18, must apply for their own returning resident visa, where eligible.
If your application is refused, take advice. You may be able to challenge the decision under an administrative review.
Check your indefinite leave to remain expiry
If you attempt to re-enter the UK with expired ILR and without a returning resident visa having been granted or other grant of entry under another relevant visa category, you will be refused entry and will have to return to your country of origin.
Given the significance of the two-year rule on your UK immigration status and travel rights, you will need to certain of the length of your absence from the UK and whether the indefinite leave to remain expiry rule applies to you before you travel to the UK.
You should review your travel history, checking travel documents, tickets and your passport for visa and immigration stamps issued since you were granted ILR.
Remember also that your ILR will expire after 2 years of absence, regardless of the expiry date on your proof of ILR.
Can indefinite leave to remain status be revoked?
There are some circumstances where your UK ILR can be taken away. If you are deported it will be revoked automatically. It will also be revoked if you are liable for deportation but for legal reasons, such as the Refugee Convention or EU Convention on Human Rights, but your deportation cannot be carried out.
If you are found to have obtained ILR by deception or you were granted ILR status as a refugee and that refugee status no longer applies your ILR will also be revoked.
Proving your ILR status
The UK Home Office is transitioning from physical Biometric Residence Permits (BRPs) to a digital immigration status known as an eVisa. It is important to note that most BRPs will have an expiry date of 31 December 2024, regardless of the holder’s actual immigration status. This does not mean ILR itself expires; instead, individuals will need to access their immigration status digitally via the eVisa platform to prove their ILR status after this date.
While documentary proof of ILR remains optional, it is highly recommended for situations such as proving the right to work in the UK or for travel purposes to avoid re-entry issues. ILR can currently be evidenced through a Biometric Residence Permit, which states “Indefinite Leave to Remain”, “Indefinite Leave to Enter”, or “No Time Limit.” Alternatively, an NTL stamp in a passport or an official Home Office letter confirming ILR status can also serve as proof. The Home Office intends to move to the fully digital eVisa system in 2025 (currently from 31 March 2025).
Individuals should therefore ensure they have access to their eVisa to confirm ILR status, as physical BRPs will no longer be valid for proving residency.
From 31 October 2024, individuals applying to transfer their ILR status under the No Time Limit (NTL) process will receive an eVisa instead of a BRP.
If your passport is lost, stolen, expired, or if you do not have documentation of your ILR status, you will need to apply for an eVisa through the No Time Limit (NTL) application process. You must meet eligibility requirements, including holding valid ILR, not having lost ILR through absences of over two years, and continuing to be entitled to ILR. Applications must be made from within the UK.
There are exceptions where NTL BRPs cannot be issued. British citizens, individuals with the right of abode in the UK, and European Economic Area (EEA) nationals with permanent residence or EU Settled Status do not require NTL documentation.
For individuals who were settled in the UK on 1 January 1973 or who arrived before 1988, the Windrush Scheme remains available. Those eligible under this scheme can apply for evidence of their status if they do not already hold sufficient proof.
Need assistance?
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.
DavidsonMorris 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.
We can also answer your questions on proof of ILR and eVisas.
For specialist UK immigration advice, contact us.
ILR expiry FAQs
Does Indefinite Leave to Remain (ILR) expire?
Indefinite Leave to Remain does not have an official expiry date. However, it can be lost if you are outside the UK for more than two continuous years.
What happens if I leave the UK for over two years?
If you are absent from the UK for more than two years, your ILR status may no longer be valid. You will likely need to apply for a Returning Resident visa to regain entry.
Can I lose my ILR status for other reasons?
ILR can be revoked if you are found to have committed immigration fraud, serious criminal offences, or breached UK laws.
How can I prove I still hold ILR?
You can provide your original ILR documentation, such as a BRP (Biometric Residence Permit), passport stamp, or Home Office-issued letter confirming your status.
What is a Returning Resident visa?
A Returning Resident visa allows former ILR holders to re-enter the UK after an absence of more than two years. You will need to prove strong ties to the UK and an intention to settle permanently.
Do I need to renew my ILR?
While ILR itself does not require renewal, if you hold a BRP, it will have an expiry date and may need replacing.
Can I apply for British citizenship if I have ILR?
Holding ILR is often a key requirement for applying for British citizenship, provided you meet the residency and good character criteria.
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
