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Does Indefinite Leave to Remain Expire?

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Indefinite leave to remain applicants assume that indefinite leave to remain immigration status is permanent. That is not necessarily the case. Your indefinite leave to remain status can be lost. That is why it is indefinite leave to remain lawyers say it is best to understand how your ILR could be lost and the difference between securing indefinite leave to remain and British citizenship.

UK Online and London Based Immigration Solicitors and Indefinite Leave to Remain Lawyers

For advice on indefinite leave to remain or any aspect of immigration law call the expert London immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.

Indefinite leave to remain status

With indefinite leave to remain your leave to remain in the UK is not time limited. However, indefinite leave to remain lawyers receive queries from those who have secured indefinite leave to remain because they are concerned that somehow their ILR status is only temporary in nature as their biometric residence permit card has an expiry date on it.

Indefinite leave to remain lawyers are able to offer reassurance that the although the biometric residence permit card may have an expiry date your  indefinite leave to remain does not. The date simply means a new card will be required. In time this problem will go away as the Home Office has been investing in the technology to create digital biometric residence permit cards that won't have an expiry date on them and will be online.

Can indefinite leave to remain expire?

Although the end date on your biometric residence permit card is not an expiry date for your indefinite leave to remain status, there are some circumstances in which your ILR status can be brought to an end.

Indefinite leave to remain lawyers advise that your indefinite leave to remain status won't expire – it is yours for life. However, whilst your indefinite leave to remain status won't end by passage of time there are some limited circumstances in which you could lose your indefinite leave to remain status.

You could lose your indefinite leave to remain immigration status if you don’t comply with the conditions that come with ILR. That’s why it is best to talk through ILR conditions with your indefinite leave to remain lawyer before applying for your indefinite leave to remain. That way you will know what conditions you have to comply with to not lose your ILR.

Losing your indefinite leave to remain through leaving the UK

Once you have your indefinite leave to remain status you need to remember that if you leave the UK for two years or more then you will automatically lose your ILR. As applying for entry clearance to return to the UK after a two-year absence or longer can be a hassle, indefinite leave to remain lawyers recommend that you keep an eye on how long you have been out of the UK for.

If you are absent from the UK for two years or more and you do automatically lose your ILR then the answer is to apply for a returning resident visa. Some people worry that a returning resident visa will mean that they will only secure time limited leave to remain and will be subject to UK immigration control. That is not the case as once you have successfully applied for a returning resident visa you get the reinstatement of your indefinite leave to remain.

If you have been absent from the UK for two or more years then you will need to meet the eligibility criteria for a returning resident visa . The eligibility criteria are designed to prevent someone from securing a visa when they don’t really intend to return to the UK but want to preserve their indefinite leave to remain status.

The eligibility criteria for the returning resident visa are:

  • Being able to show and evidence that you have strong ties to the UK .
  • Being able to provide evidence about your current circumstances and why you have been living outside the UK for two years or more.

Other ways you could lose your indefinite leave to remain status

Indefinite leave to remain lawyers advise that in some situations indefinite leave to remain status can be revoked. The immigration rules specify that indefinite leave to remain will be revoked if:

  • You obtained your indefinite leave to remain by deception or
  • You were given leave as a refugee but cease to be a refugee or
  • You are liable to deportation but you cannot be removed from the UK for legal reasons.

Worried about lost indefinite leave to remain status

Specialist indefinite leave to remain lawyers can advise not only on applying for indefinite leave to remain but also what to do if you have automatically lost your indefinite leave to remain status by virtue of your absence from the UK for two years or more. Expert immigration law advice is available on applying for a returning resident visa. Alternatively, if you are worried that your indefinite leave to remain status may be revoked then our team of indefinite leave to remain lawyers can help you.

If you want more permanency than indefinite leave to remain status then it may be best to ask individual immigrationsolicitors for advice on applying for British citizenship. If you are concerned about losing your citizenship of origin then our British citizenship solicitors can look at the option of dual citizenship for you so you get the permanency and the main benefits of British citizenship without losing your original citizenship.

UK Online and London Based Immigration Solicitors and Indefinite Leave to Remain Lawyers

For advice on applying for indefinite leave to remain or a returning resident visa or any aspect of immigration law call the indefinite leave to remain lawyers at OTS Solicitors on 0203 959 9123 or contact us online.

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