Returning Residents: Have you lost your Indefinite Leave to Remain?
Indefinite Leave to Remain (ILR) means that the person with the status is not limited to the amount of time that they can spend in the UK. However, ILR or, indeed, Indefinite Leave to Enter (ILE) can be revoked or lost in some circumstances.
Circumstances where ILR/ILE is lost
One of the main criteria for being grant ILR is that you live in the UK. While there is some flexibility with this, should you live outside of the UK continuously for two or more years, the status will no longer be valid. It is also the case even if you have a Biometric Resident Permit or passport vignette. If you do return to the UK during the two years, your status will not be lost so long as the purpose of the return is settlement/re-settlement.
Other factors influencing a UK Border Officer’s decision
- The number of days which you spend outside the UK each year
- If you spend the majority of your time in one particular country, for example, Thailand
- Connections to the UK such as family or property
In rare circumstances, ILR can be revoked if the Home Office believes that the status was granted through deception or if the holder has been deported for crimes in the UK or overseas.
Is it possible to get ILR back?
Anyone who wishes to return to the UK after the two years away will be known as a “returning resident”. The individual must then prove that they have strong ties to the UK such as family living in the UK, property in the UK or, in some cases, work in the UK. They will need to prove that they intend to make the UK their permanent home once again. Circumstances are considered on an individual basis and their no hard and fast rules.
How can Thai Visa Express help?
Thai Visa Express is a team of professional immigration consultants who are always ready to assist you with your UK visa application in Thailand or the UK. We have over 15 years of experience dealing with UK visas & immigration daily, and we are regulated by the Office of Immigration Services Commissioner (OISC) in the UK. We offer a free 30-minute consultation from one of our designated caseworkers, contact us today.