Can I lose ILR status?

Indefinite Leave to Remain (ILR) is also known as permanent residence, settlement or settled status, allowing individuals to live and work in the UK indefinitely. However, contrary to what the term “indefinite” might suggest, ILR can be lost under specific circumstances. This post outlines the key scenarios where ILR status can be lost, including the impact of prolonged absences, the potential for revocation, and the steps needed to regain residency as a Returning Resident. 

Ways to Lose ILR Status

Understanding when and how ILR status can be lost is essential for anyone holding this status or planning to travel abroad. The following scenarios illustrate how ILR can lapse:

General Rule (2 Years Absence)

Under the Immigration (Leave to Enter and Remain) Order 2000, ILR will automatically lapse if the holder remains outside the UK for more than two continuous years. This is a general rule that applies to most ILR holders. There are only a few limited exceptions to this rule, for example for those serving overseas for the UK government, such as the British armed forces or British Council.

EU Settlement Scheme (5 Years Absence)

For those who acquired Settled Status under the EU Settlement Scheme (EUSS), the status will lapse if they remain outside the UK for more than five continuous years. This extended period reflects the specific provisions associated with the EUSS as per Appendix EU.

Swiss Nationals and Their Family Members (4 Years Absence)

Swiss nationals and their family members, who were granted ILR under the EUSS, will see their status lapse if they are absent from the UK for more than four continuous years. This rule acknowledges the unique status of Swiss nationals within the EUSS framework.

Reasons ILR Might Be Revoked

ILR can also be revoked under certain conditions under section 76 of the Nationality, Immigration and Asylum Act 2002 (2002 Act), typically involving legal or procedural issues. Revocation is a serious action and may occur under the following circumstances:

• Deportation Orders: ILR may be revoked if an individual is subject to a deportation order. This is often the case for individuals involved in serious criminal activities, although deportation may be delayed if it conflicts with the UK’s obligations under international human rights treaties.
• Liability for Deportation: If a person is deemed liable for deportation but cannot be deported due to legal reasons, their ILR can be revoked.
• Fraudulent Acquisition: If ILR was obtained through deception or fraudulent means, such as false documentation or misleading information, the Home Office can revoke the status. This includes instances where an individual provided false information to secure ILR.
• Loss of Refugee Status: If an individual’s refugee status is revoked due to their actions or changes in their situation, their ILR may also be revoked. This applies to those who were granted ILR as refugees or as dependents of refugees.

Consequences of Losing ILR Status

The loss of ILR status has significant implications for an individual’s ability to live and work in the UK. Key consequences include:

• Loss of Employment Rights: Without ILR, individuals no longer have the unrestricted right to live and work in the UK. This can impact employment opportunities and overall stability.
• Dependents’ Status: If ILR was the basis for the immigration status of family members, their status may also be affected. This can create complications for dependents who rely on the ILR holder’s status.
• Impact on Naturalisation: ILR is often a prerequisite for applying for British citizenship. Losing ILR may affect the eligibility to apply for citizenship, as continuous residence is generally required.
• Potential for Legal Issues: The reasons for losing ILR, whether due to criminal activities, fraud, or other issues can lead to further legal challenges, including deportation or difficulties in returning to the UK.

How to Apply for a Returning Resident Visa

For those who have lost their ILR status due to an extended absence, a Returning Resident visa may provide a pathway to regain their status. 

Before 2018, entry for settlement could be granted by the border officials, however, Returning Residents now must apply from outside the UK to gain entry as returning residents. A Returning Resident application should be made prior to the intended date of entry to the UK. 

The following requirements must be met to qualify as a Returning Resident:

• You must have previously been granted settlement in the UK, which has lapsed by operation of law due to your absence from the UK. There is no requirement for the person to have last left the UK with settlement status.
• You must obtain a valid TB certificate if you have continuously resided in a listed country for 6 months or more. 
• You must intend to settle in the UK by demonstrating strong ties to the UK, these include having family, property, or business in the UK or having resided in the UK for a long period before losing ILR status. 

Returning Resident Visa for Family Members

Dependents, including partners and children, must apply separately for a Returning Resident visa if they wish to return with you. Each family member must meet the eligibility criteria and provide their evidence of ties to the UK.

How we can help

For personalized advice on maintaining ILR status, navigating the Returning Resident application, or addressing immigration issues, consulting with a qualified immigration adviser is recommended. Our team of experts is well-versed in the intricacies of UK immigration law and can offer guidance tailored to your situation. 

Contact our team at +44 208 757 5751 or use our contact form. 

Frequently asked questions