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Indefinite Leave to Remain (ILR) in the UK does not expire, but it may be lost if you leave the UK for more than 2 years. As the wording suggests, Indefinite Leave to Remain gives a person the right to stay in the UK indefinitely, but this right can be lost following a prolonged absence from the UK. In this article, we will explain all you need to know about the Indefinite Leave to Remain expiry rules, including the returning residents visa for EU, EEA, and non-EU/EEA nationals.
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Can my Indefinite Leave to Remain expire?
No, your right to remain indefinitely in the UK will not expire, but it can be lost if you spend too long outside the United Kingdom. If you have ILR and leave the country, when you return, you may need permission to re-enter. You will normally be given clearance to re-enter if you have been outside the country for less than the maximum time permitted (2 / 4 / or 5 years, depending on how you settled here). If you have been outside the country for more than the time allowed, you will need to apply for a ‘returning resident visa’ (RRV).
What is a ‘returning resident visa’?
A ‘returning resident visa’ (RRV) may be required by a person who had Indefinite Leave to Remain or another form of settled status before they left the UK and has been absent from the country for longer than the maximum time allowed. You may need to apply for an RRV if you held ILR before you left the UK and have lived outside the UK, the Channel Islands and the Isle of Man for longer than:
- 5 continuous years – for those with settled status under the EU Settlement Scheme
- 4 continuous years – for those settled status under the EU Settlement Scheme and a Swiss citizen or their family member, or
- 2 continuous years for anyone else
In other words, you will lose your ILR if you spend more than the permitted time outside the UK, but you can regain your ILR status with an RRV. Your RRV will reinstate your ILR status as if it had never lapsed in the first place due to your prolonged absence from the country. There are some exceptions to the RRV requirement, however, including if you or your partner are in the British armed forces, or you work in certain UK government departments, or the British Council.
As long as your absence is within the time allowed, you will just need to show your stamp, vignette, or biometric residence permit (BRP) at the border, confirming that you last had permission to settle in the UK before you left.
Am I eligible for a ‘returning resident visa’?
You cannot automatically assume that you will be granted an RRV to resume your settled life in the UK. To get an RRV, you will need to provide evidence to the authorities of:
- Your strong ties to the UK (e.g. you have dependant family members in the UK)
- Your current circumstances, and
- Why you have been living outside the UK.
How can I prove I have strong ties to the UK when applying for an RRV?
When you apply for your RRV, you must demonstrate that you genuinely intend to return to the UK to resume your settled life here. How you prove this will depend on your circumstances, e.g. to start a new job, look for a new job, or buy a house. The key is showing that you plan to stay indefinitely and that you have no plans to leave the country in the short term. As such, if you say that you want to return to start a short-term work contract, you may be refused an RRV.
The authorities may refuse your RRV application if the balance of your life is outside the UK, including if you have strong family ties outside the UK, property outside the UK, and business ties outside the UK. You can prove that you have strong ties to the UK by providing evidence of your family ties, property ties, and business ties. The Home Office will also look at the length of your original residence and time spent outside the UK.
To make sure that you have sufficient evidence of your strong ties to the UK, please feel free to speak to a member of our immigration law team who can check this for you. Doing so will ensure that your RRV application has the best chance of success and that you can resume your settled life in the UK.
How can I apply for an RRV?
Before you apply for an RRV, it is important to check if you need one first. If you are unsure, please speak to a member of our expert immigration law team, who can check this for you. If you are satisfied you need an RRV, you will need to complete the following steps:
- Complete the online RRV application form
- Pay application fee of £637
- Submit any documents requested (see below)
- Have your fingerprints and photo (i.e. your biometric information) taken at a visa application centre in the country where you are located.
You may be asked to provide some or all of the following documents to support your RRV application:
- Current valid passport and any previous passports
- Passport photo
- Evidence of why you were absent from the UK (e.g. employment, study, or medical treatment).
- Evidence showing you plan to re-settle in the UK on a permanent basis,
- Evidence of your strong ties to the UK while overseas
If your partner and children are returning to the UK with you, they will need to submit a separate RRV application for each.
If your RRV application is approved, you can return to the UK in the knowledge that you will granted entry at the border, and you can resume your settled life here. RRVs are normally granted for up to 90 days. Once you have re-entered the UK, you will receive a new biometric residence permit (BRP) showing that you have the legal right to live permanently in the UK.
