Indefinite Leave to Remain Expiry Rules

 If you have indefinite leave to remain (ILR) or are seeking for ILR, you should be aware of the expiry regulations for ILR and how ILR status can be lost or revoked. We also discuss what to do if your ILR status is still valid but your documentary evidence of status is no longer valid.

With indefinite leave to remain (ILR), you are allowed to stay in the UK indefinitely with no restrictions on your time or activities. You can also travel into and out of the nation without being subjected to immigration controls. Although ILR allows you to live in the UK indefinitely, it can be revoked in certain circumstances.

The rules governing indefinite leave to remain are set to expire.

According to UK immigration rules, ILR status will expire if the individual leaves the UK, Ireland, or the Crown Dependencies (Isle of Man, Guernsey, and Jersey) and is absent for more than two years. This means that if you are absent from the UK for more than two years, you will no longer be regarded present and settled in the country.

The two-year rule applies regardless of the expiration date on your ILR paperwork, such as your BRP or passport vignette. After two years away from the country, your status will be regarded to have automatically lapsed.

You may be exempt from the indefinite leave to remain expiry rule only in the following limited circumstances:

You are the dependent of a member of the British Armed Forces whom 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) working in the Foreign and Commonwealth Office, the Department for International Development, the Home Office, or the British Council and have been accompanying them overseas.

Section 1(5) of the Immigration Act of 1971 applies to you as a Commonwealth citizen.

You return to the UK in circumstances that do not necessitate a visa.

Returning to the UK for a short length of time will reset the clock, however you should be aware that border officers may question you if you are only in the UK for short periods of time, as ILR pertains to settlement in the UK.

It should be noted that if you have EU settled status, the five-year rule applies after leaving the UK.

If the two-year rule applies to you and your ILR status has been lost, you must apply for entry clearance as a returning resident before returning to the UK.

Renewing a resident visa

If you want to re-enter the UK to settle after a two-year or longer absence and have previously held and lost the grant of indefinite leave to remain, you will need a returning resident visa. Your ILR will be restored if you are readmitted as a returning resident.

Previously, such individuals may apply for re-entry at the border; but, as of July 2018, you must apply for entrance clearance with a returning resident visa prior to flying to the UK.

Visa requirements for returning residents

To qualify as a returning resident, you must demonstrate that you previously had valid ILR when you left the UK, that you did not accept public money to cover the expense of leaving the UK, and that you now want to make the UK your permanent home.

Under paragraph 19 of the Immigration Rules, UK immigration officers have discretion to evaluate readmission for returning resident status, taking into account a number of significant conditions and factors:

Check the expiry date of your indefinite leave to remain.

If you attempt to re-enter the UK with expired ILR and no returning resident visa or other grant of entry under another relevant visa category, you will be denied entry and must return to your place of origin.

Given the importance of the two-year rule for your UK immigration status and travel rights, you must be assured of the length of your absence from the UK and if the indefinite permission to remain expiry rule applies to you before travelling to the UK.

You should go over your travel history, looking over travel paperwork, tickets, and your passport for visa and immigration stamps issued while you were last there.

Is it possible for me to lose my indefinite permission to remain status?

In some circumstances, your UK ILR may be revoked. If you are deported, your visa will be automatically cancelled. It will also be cancelled if you are deportable but cannot be deported due to legal grounds such as the Refugee Convention or the EU Convention on Human Rights.

If you are discovered to have received ILR through fraud, or if you were awarded ILR as a refugee and that refugee status no longer applies to you, your ILR will be cancelled as well.

Comments

Post a Comment

Popular posts from this blog

Confirmed: The Home Office has the authority to disregard human rights complaints.

 The long-awaited decision in MY (Pakistan) v Secretary of State for the Home Department [2021] EWCA Civ 1500 has been issued by the Court of Appeal. Unfortunately, it confirms that the Home Office has the authority to refuse to deal with a human rights application for permission to remain in the UK that is not filed using the prescribed form or process. As a result, the applicant has no right of appeal. Background information about human rights and appeals MY requested indefinite leave to remain as a victim of domestic violence. The Home Office does not regard such applications to be human rights claims in and of themselves. If a human rights claim is denied, the applicant has the opportunity to appeal; other immigration applications do not. This implies that if their claim for indefinite leave as a victim of domestic abuse is denied, they will normally only have an administrative review. MY used his application to argue that he would be unable to return to Pakistan, which consti...
Read more

UK Visa and Immigration

 The United Kingdom is one of the most popular immigration destinations in the world for people looking to live and work in a new country.  However, the immigration system in the United Kingdom is limited. Following the outcome of the EU referendum on June 23, 2016, and the decision to exit the EU, the UK visa system has undergone further adjustments. The UK Innovator visa and UK Start-Up visa schemes were recently created. In many situations, you must apply through the UK tier points-based immigration system, which assesses applicants against a variety of factors to determine their eligibility for a UK work or study visa.  The majority of work-related visa applications, such as the Tier 2 visa programme, and Tier 4 study visa applications are accepted. Since 2010, the UK government has implemented a number of changes to UK immigration legislation in attempt to restrict immigration to the UK, particularly from countries outside the EEA. Please visit the links below for m...
Read more

Examine and demonstrate your immigration status

If you have been notified that you can check your immigration status online, you can do so using this service. obtain a'share code' to show your status to others, such as employers; change personal information in your UK Visas and Immigration account, such as your passport number or email address; and determine what rights you have in the UK, such as the right to work, rent, or claim benefits. Who is eligible to use this service? You may utilise this service if you meet the following criteria: have established or pre-settled status, applied for a visa, and scanned your identity document on your phone using the ' UK Immigration : ID Check' app If you have a vignette in your passport or a biometric residency permit to prove your immigration status, you cannot utilise this service. There are various services available to help you show your right to work to an employer and your right to rent to a landlord. View or demonstrate your immigration status You will require: detail...
Read more