How long can I stay outside the UK with indefinite leave to remain?

Overview

Indefinite Leave to Remain holders will lose their ILR status if they have been outside of the UK, Ireland or Crown Dependencies continuously for 2 or more years.

They may be eligible to apply to reinstate it by choosing a returning resident visa if they have lost their ILR under this circumstance.

Some people posted overseas with the British armed forces, the Crown service or the British Council, and eligible family members accompanying them, are exempt from the usual absence limit.

How Many Days Can You Stay Outside the UK with ILR?

For most ILR holders, there is no annual limit expressed as a number of days. Instead, the limit is two continuous years outside the UK, Ireland and the Crown Dependencies (the Isle of Man, Jersey and Guernsey). If your absence exceeds this period, your ILR normally lapses automatically.

The limit is different if you have settled status under the EU Settlement Scheme: generally five continuous years, or four continuous years if you are a Swiss citizen or the family member of one.

These rules concern keeping settlement you already hold. Separate absence limits apply if you later apply for British citizenship.

What is the 180 days Rule for ILR?

The 180-day rule concerns the period of continuous residence before you qualify for ILR. it does not apply when you have ILR status. Once ILR has been granted, the 180-day limit is not an annual condition for keeping it. You do not need to remain in the UK for 180 days in any year. Instead, your ILR will lapse only if you leave the UK for two years or more at a time (in one continuous absence).

What If I Have Been On A Lot of Trips Away from the UK?

Do not worry if you have spent a lot of time away from the UK but never more than 2 years at a time. This could be for various reasons like caring for overseas relatives or holidaying. The absence rule is about one continuous absence, rather than adding up all your trips abroad.

Examples:

• If you have two back to back 12 month trips away from the UK, but return between them, your ILR status will not lapse.
• Similarly, if you have had multiple holidays totalling two years over a longer period, your ILR will not lapse if you have spent time in the UK between absences.

It must be two continuous years (without returning to the UK) for your ILR to lapse.

When the 180-Day Rule Applies

Under many settlement routes, spending more than 180 days outside the UK in any rolling 12-month period can break that qualifying residence, unless an exception applies. To get ILR, you must have complied with this rule on your visa or residency route.

• For example, if you entered on a Skilled Worker visa, you must not have spent more than 180 days away from the UK in any 12 month period. The exact rules depend on the route and when the absences took place.

How to Maintain ILR from Abroad

Plan your travel so that you do not exceed the continuous absence limit that applies to your status. Keep a record of your departure and return dates, and make sure you can access your eVisa and that your current passport is linked to your UKVI account before travelling back.

If you expect to remain abroad beyond the limit, check whether an overseas-posting exemption applies to you. Otherwise, ILR normally lapses by law once the limit is exceeded; maintaining a UK address or bank account does not stop this. Evidence of your continuing UK ties may, however, help if you later need to apply as a Returning Resident.

What Happens if Your ILR Lapses?

You cannot rely on lapsed ILR to return and settle in the UK. You may be able to regain settlement by applying for a Returning Resident visa from outside the UK before travelling. You must show that you intend to return to settle and that you maintained strong ties with the UK during your absence. The Home Office will also consider your circumstances and why you lived abroad.

An old ILR stamp, letter or expired residence permit does not by itself restore status that has lapsed. If you are unsure whether your ILR is still valid, check your position before booking travel.

Eligibility for a Returning Resident visa

You must previously have held settlement that lapsed because of your absence. You will need to show:

• Strong ties to the UK, such as family, employment or property ties
• Your current circumstances and the reasons for living outside the UK
• That you genuinely intend to return to the UK to settle

You must also meet the route’s other requirements, including the suitability rules. A previous grant of ILR does not guarantee that a Returning Resident application will succeed.

Returning Residence Visa Eligibility for Dependants

Your partner and children do not regain settlement automatically through your Returning Resident visa. Each person whose settlement has lapsed must qualify and apply separately in their own right. The rules differ where a partner or child accompanies someone on a qualifying overseas posting.

Returning Residence Visa Fee

At present, the fee for applying for a returning resident visa costs £726.

Processing Time for Returning Residence Visa

The current processing time for a returning resident visa is around 3 weeks for applications made outside the UK.

The current processing time for ILR is around 6 months.

The processing times for your application are dependant on you ensuring all documentation in your files are correct and valid.

If there is a discrepancy within your application, this will hinder the process and could make the waiting time lengthy, which is not ideal if you are relying on your vis to travel.

Required documents for Returning Residence Visa

You will need to provide:

• A valid passport or previous passports
• A passport sized picture of you in colour
• Proof of UK income, rental agreements in the UK, mortgage documents, etc to prove you have ties in the UK

Exceptions to the Absence Limit

The usual absence limit does not apply to certain people on qualifying overseas postings. This can include:

• Members of the British armed forces posted overseas
• A partner or child accompanying a member of the British armed forces on an overseas posting
• A partner or child accompanying a British citizen or settled person posted overseas in qualifying Crown service or as a permanent member of the British Council

Qualifying roles can include permanent members of the Diplomatic Service, UK-based British Council employees working overseas, and employees of the Foreign, Commonwealth and Development Office or Home Office. The exemption depends on the circumstances of the posting and, for accompanying family members, their relationship to the person posted overseas.

These individuals will typically retain their Indefinite Leave to Remain after 2 years outside of the UK, including the Spouse or dependants of the individual who is serving. They are exempt from the requirement of a returning resident visa. Spouses, partners, or children of the individual who is serving are also exempt if they have joined the individual at their overseas posting.

The precise exemption depends on the posting and family circumstances. If you think it applies, obtain advice and keep evidence of the overseas assignment and relationship.

This also applies to you if they are a British citizen or settled in the UK and they are a:

ILR: Your rights

As someone who holds ILR, you will be granted permission and access to:

• Public funds such as benefits
• UK education and higher education such as Universities and tuition loan funding
• Vote in local and general elections
• Leave and enter the UK without restriction (providing you do not lapse 2 continuous years outside of the UK)
• Access to the UK’s healthcare system without paying surcharge fees
• The right to live and work in the UK
• The right to naturalise permanently in the UK
• The right to own or rent property in the UK
• Any children born in the UK after you have ILR may automatically be considered a British citizen.
• Family members (dependants such as children or partners) may be able to join you in the UK after you have ILR

When ILR is Revoked

A long absence makes ILR lapse automatically; it is different from revocation. ILR can be revoked in certain circumstances, including where it was obtained by deception or was granted on the basis of refugee status and the person ceases to be a refugee. A deportation order can also invalidate indefinite leave. These are separate issues from the two-year travel rule. Reasons for ILR revocation can include:

• If you engaged in any criminal activity in the UK or overseas
• You obtained your ILR or visa fraudulently, such as through as sham marriage
• You are no longer a refugee, a status you obtained your leave to remain through
• You are liable to deportation
• You lapsed 2 continuous years outside of the UK

How Can You Prove Your ILR When Travelling?

An eVisa is a digital record of your immigration status. Before travelling, check that you can access your UKVI account and that your current passport or travel document is linked to your eVisa. You should carry that travel document; your carrier may also ask for a share code.

If you have an older ILR endorsement but cannot access digital proof of your status, you may be able to make a no time limit application to obtain an eVisa. An expired biometric residence permit should not be treated as your sole proof for international travel.

The Ways to Document ILR Status

There are various ways in which Indefinite Leave to Remain can be officially documented:

• A Biometric Residence Permit
• A No Time Limit stamp in your passport (this can be expired)
• An Indefinite Leave to Enter stamp in your passport (this can be expired)
• An ILR stamp in your passport (this can be expired)
• An ILR endorsement in your passport (this can be expired)
• A letter from the Home Office confirming your right to remain indefinitely in the UK

Working in the UK with ILR

Once your application for Indefinite Leave to Remain is approved, you do not need permission from a Government Department to take up new employment, or to change your employment. Moreover, any restrictions that were previously placed on your hours or type of employment are lifted.

You may engage in any kind of business or profession, self-employed or otherwise (as long as you comply with any general or statutory regulations for that business or professional activity).

Once you have Indefinite Leave to Remain, there are no longer any restrictions on your living and working in the United Kingdom.

However, if you are thinking of going to live or work in the Isle of Man or one of the Channel islands, you should first consult the immigration authorities of the Island concerned.

How Long Can I Stay in the UK on a Spouse Visa?

You can stay in the UK for 2 years and 9 months on this visa. If you’re applying as a fiancé, fiancée or proposed civil partner, you can stay for 6 months. After this you’ll need to apply to extend your stay.

Spouse visas can be granted for up to 32 months if a spouse is applying outside the UK and 30 months if the application is from outside UK. You may even be allowed to extend your spouses visa if you want to remain on British soil during this time.

If You Have Settled Status Under the EU Settlement Scheme

If you have a settlement status as a citizen of the European Union under the European Settlement Scheme, you will need a valid document that confirms your status.

The Home Office will send a link to a website which will allow you to verify a person is registered in the UK.

A guide to the settlement scheme in the EU gives more detail about your options.

To learn more, speak to one of our professional Immigration lawyers who will guide you through the process and answer any questions about settlement schemes.

How IAS Can Help

Our qualified team of immigration lawyers can provide you with consular advice sessions where they will answer any query you may have about ILR or returning to the UK on a returning resident visa.

Our immigration lawyers can advise you on whether an absence has affected your ILR, the evidence needed for a Returning Resident application and the separate residence requirements for British citizenship.

If you have any questions or concerns about your absences from the UK on your visa, applying for ILR, or any other issue you might have about UK visas and immigration, IAS are here to help.

For more information about the services we offer, and what we can do for you, reach out to us today on 0333 4149244, or contact us online.