It is natural to assume that once you have secured Indefinite Leave to Remain your permission to live in the UK is indefinite in nature and therefore cannot be lost or cancelled by Home Office officials. However, immigration solicitors will tell you that immigration Rules provide for the loss of Indefinite Leave to Remain.
Indefinite Leave to Remain solicitors
Losing Indefinite Leave to Remain
What is Indefinite Leave to Remain
Have permission to live in the UK. Your permission is not time limited; and
Can work in the UK free of immigration control and without needing an employer to sponsor your employment; and
Can study in the UK; and
Can leave the UK and return without the need for visas, subject to the detailed immigration Rules.
Loss of Indefinite Leave to Remain
Exemptions to the two year rule
Returning to the UK within two years
Calculating your absence from the UK
What to do if you lose Indefinite Leave to Remain
Applying for a returning resident visa
Demonstrate that you held Indefinite Leave to Remain when you left the UK over two years ago; and
Show that you plan to live in the UK as your permanent place of residence;
Show that you left the UK voluntarily and that you were not deported.
Home Office guidance on returning resident visas
You have sufficiently strong ties to the UK. Strong ties can include evidence of family who live in the UK or a partner or property ownership;
The reason for the length of absence. If you have been away for well in excess of two years it can be harder to secure a returning resident visa. That is why it is best to give a full explanation for your absence, such as studying for an overseas qualification, caring for a family member or gaining work experience in an overseas business;
Length of your original UK residence. If you lived in the UK for a long period before your period of absence from the UK then this should be emphasised in your returning resident visa application as it strengthens your visa application and your claim that you have strong ties to the UK.
Refusal of a returning resident visa
Revocation of Indefinite Leave to Remain
You are deported from the UK; or
If you are liable to be deported from the UK but, for legal reasons the deportation has not taken place; or
You obtained Indefinite Leave to Remain by deception; or
You were granted Indefinite Leave to Remain status because you had refugee status and you are no longer classified as a refugee.
Indefinite Leave to Remain solicitors
For more information about Indefinite Leave to Remain or any other aspect of personal or business immigration law, call OTS Solicitors on 0203 959 9123 to speak to one of our friendly and approachable immigration solicitors.
For the best expert legal advice and outcome on your UK immigration application, contact OTS immigration solicitors on 0203 959 9123 or contact us online.
We are one of the UK’s top firms for immigration solicitors and civil liberties lawyers. We can advise on a broad range of immigration issues including Appeals and Refusals, Judicial Reviews, Spouse Visas, student visas, Work Permit Visas, Indefinite Leave to Remain, EEA Applications, asylum and human rights, British citizenship, All types of visas, Business Immigration Visas, entrepreneur visas and Investor Visas.
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Posted on: Tuesday, 19 November, 2019