Indefinite Leave to Remain (ILR) is an enabling status to remain in the UK permanently. But if you have ILR and you are out of the UK for over 2 years you may struggle with re-entry. In this blog, we’ll be covering the laws regarding ILR and if you can’t get back to the UK after being away for more than 2 years.
What happens to ILR after 2 Years abroad?
You lose your ILR if you have ILR in the UK and are out of the UK for longer than two years. Even if you’ve been out of the UK for more than two years and have a BRP (Biometric Residence Permit) or an ILR stamp on your passport, you can be stripped of your ILR.
We know this because according to the Immigration (Leave to Enter and Remain) Order 2000:
- After 2 years outside the UK, your ILR runs out on you, even if you have evidence that you had ILR when you were away.
- Hence, if you had ILR once, then if you go away for more than 2 years, it’s as if you didn’t have ILR status in the first place.
- Resettlement Procedures For Returning Residents with Deceased ILR — Steps By Step.
If your ILR expired because you have been out of the UK for over two years, you could still come back to the UK as a “returning resident”. But that isn’t a given, and it is decided by an immigration agent on the UK border.
The UK immigration rules state:
Paragraph 18: If: You can apply to return as a resident:
- When you left the UK last, you were on ILR.
- You’ve been away less than two years.
- You have not had government money come and take you out of the UK.
- You are asking for permission to settle.
- Paragraph 18A: If you satisfy the above conditions, you don’t need a visa to visit the UK.
If you’ve been away for more than two years, you must have Indefinite Leave to Enter (ILE) when you get back to the UK. This is a form that will ask you to demonstrate that you are very attached to the UK and would like to live there permanently.
Who Can Return to the UK Without Issues?
There are exceptions. Some people can always return to the UK as returning residents, regardless of the two-year rule. These include:
- Spouses or partners of military personnel or diplomats serving overseas.
- Dependants of UK government staff working abroad.
If you’re readmitted as a returning resident, your ILR status will be reinstated.
Home Office Guidance on Returning Residents
The Home Office provides guidance to immigration officers on how to assess whether someone can return as a “returning resident” after a long absence. Factors considered include:
- Strength of Ties to the UK: The stronger your ties—such as family, property, or business connections—the more likely you are to be readmitted.
- How Long You’ve Been Away: The longer you’ve been outside the UK, the harder it will be to prove you still have strong ties to the UK.
- Reasons for Leaving: Reasons for being away for more than two years, such as caring for family, receiving medical treatment, or employment, may be considered. However, you will need to present a strong case for why you should be allowed to return.
- Period of Original Residence in the UK: The longer you lived in the UK before leaving, the more likely you are to have established strong ties.
- Other Compelling Reasons: For example, working for the UK government or serving abroad for a UK-based employer could help you return. Other compelling factors may include long-term study or medical treatment abroad.
What to Do if Your Application is Refused
If your application to return as a resident is refused, you may not be allowed to re-enter the UK. In some cases, you might be allowed to enter temporarily or for a limited period.
You can apply for a Returning Resident Visa if you’ve been outside the UK for more than two years. This visa application costs £516. If your application is refused, you may request an administrative review of the decision.
If you hold Indefinite Leave to Remain (ILR) in the UK but have been away for more than two years, your ILR status could lapse. However, you may still be able to return as a “returning resident” by proving strong ties to the UK. If your return is refused, you can apply for a Returning Resident Visa or seek an administrative review. To navigate this process effectively, consider seeking guidance from professionals like Law and Visas to ensure the best chance of success.
