Indefinite Leave to Remain and the Returning Resident Visa

It can come as a shock to realise that your indefinite leave to remain can be lost through simply leaving the UK. After all, indefinite leave to remain isn’t called ‘settlement provided you stay in the UK’. Many therefore assume that once they have got indefinite leave to remain, they can't lose it. You can. In this blog our immigration solicitors take a look at how you can lose indefinite leave to remain and what you need to do to get entry clearance to return to the UK.

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

For advice on your indefinite leave to remain and returning to the UK call the expert London immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.

Does indefinite leave to remain expire?

Unlike a work visa or family visa or a student visa when you obtain indefinite leave to remain it does not have an end date. Therefore, there is no ‘expiry date’. That can lead some people who hold indefinite leave to remain to assume that their indefinite leave to remain is ‘indefinite’ and it can't be lost. Sadly, that is wrong. Whilst your indefinite leave to remain won't expire, it could lapse.

How can you lose indefinite leave to remain?

Whilst you may not intend to lose your indefinite leave to remain you can allow it to lapse by leaving the UK for more than two years. The two-year absence needs to be continuous for you to lose your indefinite leave to remain status. Therefore, you can go overseas to work, to see family or to go on holiday but you can't stay away for two years or more as otherwise your indefinite leave to remain will lapse.

What do I do if I have indefinite leave to remain and have been away from the UK for more than two years?    

If you have indefinite leave to remain and you have been away from the UK for more than two years you may not be able to enter the UK without first obtaining a returning resident visa from the Home Office.

If you think that you or a relative are in that position it is best to get expert immigration legal advice from indefinite leave to remain solicitors before you travel to the UK.

 Do I need a visa to return to the UK if I have indefinite leave to remain?

You do not need a visa (called a returning resident visa) if you have indefinite leave to remain and you have been out of the UK for less than two years but if you have any doubts about your ILR status it is best to get specialist immigration legal advice before you travel.

What is a returning resident visa?

You will need a returning resident visa if you have indefinite leave to remain but you have been away from the UK for two years or longer. That is because your ILR status is deemed to have lapsed so if you turn up at immigration control without a returning resident visa you may not get entry clearance.

Paragraph 18 of the immigration rules sets out who does and who doesn’t need a returning resident visa. It isn’t always clear cut (for example, whether your absence will be classed as continuous or not) so it is best to speak to an indefinite leave to remain solicitor if you have any questions.

How do I apply for a returning resident visa?

An application for a returning resident visa is made under paragraph 19 of the immigration rules. To secure a returning resident visa you will need to be able to prove that you have strong ties to the UK and that you intend to settle in the UK. In other words, a returning resident visa should not be used to break your period of over two years absence from the UK as you must intend to live in the UK when applying for the visa. That doesn’t mean you can't leave the UK again but it is a question of degree. If you have plans to leave the UK after returning on a returning resident visa it is best to get immigration legal advice from expert indefinite leave to remain solicitors to check that a returning resident visa is the best option for you and that you meet the eligibility criteria.

What do ‘strong ties’ to the UK mean?

The Home Office has issued guidance for use in cases where someone with indefinite leave to remain needs a returning resident visa and needs to show that they have strong ties to the UK. The guidance is helpful as many visa applicants fear that strong ties mean having employment to come back to or property ownership. The definition is not as restrictive as that.

When looking at your strong ties to the UK your returning resident visa solicitors will discuss the Home Office guidance with you and ask questions to see how your personal and family circumstances show that you meet the strong ties eligibility criteria.

Evidence of strong ties includes:

• The reasons why you left the UK for over two years and stayed continuously away and the reasons for your planned return. For example, you may have stayed out of the UK for longer than originally planned because of COVID-19 travel restrictions or because of your ill-health.
• Your strength of ties to the UK. For example, family members in the UK and how close you are to them and how you have maintained contact with them whilst you have been out of the UK.
• The length of time that you lived in the UK before you left the UK after having secured indefinite leave to remain.
• The length of time you have been living outside the UK. For example, an absence of two years six months may be viewed differently to a ten-year absence.
•  Whether you plan to settle in the UK and remain in the UK.
• Any compelling or compassionate factors. For example, the prolonged ill-health of a close overseas based relative.

If you are worried about whether you qualify for a returning resident visa, call our indefinite leave to remain solicitors and individual immigration lawyers for advice on your best options.

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

For advice on returning to the UK with indefinite leave to remain call the immigration team at OTS Solicitorson 0203 959 9123 or contact us online.