My Indefinite Leave to Remain has Expired – What Can I Do?

What is the Returning Resident Visa?

According to UK immigration law, indefinite leave to remain status can be lost if you have been absent for two years or longer; you will need a returning resident visa to re-enter the country for settlement. Your ILR will be reactivated after you are readmitted as a returning resident.

Even if your ILR has expired and you have returned to the UK as a guest, you must apply from outside the UK to reclaim your status as a returning resident. Individuals in this scenario may previously apply for re-entry at the border, but as of July 2018, you must submit your entry clearance application along with a returning resident visa before flying to the UK.

What is the Returning Resident Visa Requirements?

The requirements for the returning resident visa vary and depend on the duration over which an ILR holder has overstayed their re-entry limit. To be accepted, you must show that you had a valid indefinite ILR status when you left the UK, that you did not receive public funding for your departure, and that you want to make the UK your permanent home.

Under paragraph 19 of the Immigration Rules, UK authorities have the authority to decide on returning resident status, taking into account many crucial needs and factors:

• You must demonstrate significant ties to the United Kingdom, which may include family, professional, and property connections. Maintaining these connections while you are away will increase your chances of acquiring a returning resident visa.
• The length of your absence from the UK is an important consideration in reinstating your ILR. The longer you’ve been gone, the more difficult it may be to demonstrate close links.
• Your claim of strong ties can be supported by the length of your initial stay in the UK.
• You should provide proof and an explanation for your departure from the UK as well as your present circumstances. For example, did you leave to care for a sick relative, work, or study, and you now are planning to return permanently.
• Other factors to consider or include would be foreign service with a specific company outside of the United Kingdom, lengthy medical treatment abroad that is not available in the UK, or extended education abroad by someone who intends to rejoin their family in the UK after graduation.
• Dependents, such as your spouse, partner, or children under the age of 18, must apply for their own returning residence visa if qualified.

It’s crucial to note that it’s not guaranteed that your returning resident visa application will be accepted; it can be rejected. This is because you will need to make an online application as a returning resident from abroad. The approval or rejection of the application will be dependent on various factors, the major one being the strength of your ties with the UK and why you overstayed abroad for two years. 

On this note, the UK immigration department may want to find out if you have family members who are settled in the UK, the length of your continuous absence from the country and how long you had originally resided in the country. 

Your reason for the extended continuous absence from the UK will be weighed to ascertain if your visa application will be accepted or not. If your application is denied, you should seek legal advice from our team of UK immigration specialists, as you may be able to appeal the decision through an administrative review.

If you manage to go through the process and return on the Returning Resident visa, it will mean that you will have restored your status and can continue to live and work in the UK permanently. 

Can Indefinite Leave to Remain be Revoked?

If you are to be deported from the UK because, say, you obtained ILR using false details when you first came here, or if you have served a personal sentence and it is thought that your further stay in the UK is not conducive to the public good and you had ILR, that permission to stay in the UK indefinitely will be revoked.

Always Make Sure Your Respect the 2-Year Rule on ILR Expiry

If you enter the UK with an expired ILR status and no returning resident visa or another grant of entry clearance, you will be denied entry at the border and must return to your home country.

The two-year rule is something you must do your very best to obey with regard to your travel obligations, and you must make sure that the time your spend outside of the country is in line with the 2-year allowance.

Moreover, it is your responsibility to check and verify your travel documentation, tickets, and passport for visa and immigration stamps issued since you were granted ILR.

Remember, regardless of the expiry date on your BRP card or visa stamp, your ILR will expire after two years of absence is up to you to keep track of that time frame and obey it. Furthermore, if your Biometric Residence Permit – BRP card has been lost or stolen and you need it to prove your immigration status, you will need to apply for a replacement within 3 months.

Indefinite Leave to Remain Expiry Rule – Final Words

Staying outside the UK for two subsequent years will lead to the revocation of your indefinite leave to remain. Therefore, if you plan to make the UK your permanent country of residence, you need to be careful about your overseas stays. 

While returning to the UK after two years will break the continuity of your absence, thus preventing maintaining your ILR, you shouldn’t be out of the UK excessively, even if you don’t stay out for more than two years, because you may draw attention say it out for more than a reasonable period for a holiday each year, that your real intention is not to have the UK as your main home but only as a matter of convenience in which case the immigration officer at the port of entry may revoke your ILR.

If your indefinite leave to remain is being revoked or has already been, then do not hesitate to book a consultation with our legal team to see how you can proceed in a way that is favourable to you. 

If you are an individual with ILR in the UK and anticipate lengthy overseas engagements that might prompt you to be outside the country for years, it’s crucial to seek advice from trusted immigration experts like ours to know your rights and restrictions. Contact us anytime for timely and risk-free advice and help in avoiding ILR expiration or ILR restoration.

How Gulbenkian Andonian Solicitors Can Help If Your Indefinite Leave to Remain Has Expired?

At Gulbenkian Andonian Solicitors, we have a wealth of expertise to help you navigate ILR expiry issues. Our team of immigration experts can provide you with the necessary legal advice and guidance. Here’s how we can assist:

1. ILR Assessment: We can help determine if your ILR has expired, taking into account your absence period from the UK and other relevant factors.

2. Returning Resident Visa Application: If your ILR has expired, we can guide you through the process of applying for a returning resident visa.

3. Guidance on ILR Retention: Our team can advise you on how to retain your ILR status, such as the importance of not staying outside the UK for more than two consecutive years.

4. Appeals and Reviews: If your ILR renewal or returning resident visa application is refused, we can help you understand the reasons for the refusal and guide you through the process of an administrative review or appeal.

5. Legal Representation: We can act as your legal representative in all correspondence with the UK Home Office and during any appeals process.

6. Tailored Advice: We understand that every case is unique. We will provide tailored advice based on your specific circumstances to give you the best chance of regaining or retaining your ILR status.

Remember, legal advice is paramount when dealing with immigration matters. Trust Gulbenkian Andonian Solicitors to guide you every step of the way.