How to Maintain ILR Status: Conditions for Residence & Absence

Overview of Indefinite Leave to Remain Conditions

Indefinite Leave to Remain (ILR) allows foreign nationals live and work in the UK free from immigration restrictions.

However, ILR does not allow you to live in the UK free from any and all conditions. You must still follow certain rules and restrictions in order to keep your ILR status, or risk having your status removed or revoked.

If your status is revoked, you may have to try and apply for ILR again or face the possibility of deportation.

ILR is a key component of attaining British naturalisation. For this reason, it is imperative to be aware of the conditions you must meet in order to maintain your ILR status while in the UK.

Conditions of ILR: How to Maintain Your ILR Status

There are a few key conditions of being granted ILR in the UK that you must keep in mind. These are essential to you being able to continue being a permanent resident in the UK and maintaining your status.

Continuous Residency with ILR

Perhaps the most important aspect of keeping your ILR status is meeting the minimum continuous residency requirement.

The maximum amount of time you can spend outside the UK (or its Crown Dependencies) while still maintaining ILR status is 2 years. If you spend more than 2 years outside the UK, your ILR status will automatically end.

After this happens, it may be possible to regain your ILR status by applying for a Returning Resident visa. In order to be eligible for this, you must show proof of strong ties to the UK, such as family, work or property ties, and present details of your current circumstances and why you’ve lived outside the UK.

Note that you will not have to apply for a Returning Resident visa if you’ve spent more than 2 years outside the UK with ILR status and one of the following applies to you:

• You’re a member of the British armed forces and have been posted overseas
• Your partner is a member of the British armed forces and you’ve joined them on an overseas posting
• Your partner is a British citizen or settled in the UK and they or you work for certain UK government departments or the British Council

Note that the 2-year maximum period of leave is different if you have settled status under the EU Settlement Scheme (either 5 or 4 years, depending on your circumstances).

Deportation with ILR

In most cases, you will cease to have ILR status in the UK or have ILR revoked if you are liable for deportation or receive a deportation order.

This means that in order to keep your ILR status, you will have to adhere to all aspects of UK law and be a law-abiding citizen while in the UK.

This mostly includes not engaging in any criminal activity and not associating with criminals or criminal behaviour.

Potential reasons for deportation can include (but not be limited to) the following:

• Receiving a custodial or combined sentence of at least 12 months in the UK or overseas
• Receiving a suspended sentence of 6 months or more
• Being convicted in the UK or overseas of an offence which has caused serious harm
• Being a persistent offender
• Being a threat to national security
• Being involved in gun crime or serious drug offences
• If there is compelling circumstantial evidence that your conduct or presence in the UK has caused or is likely to cause serious or high harm
• Participating in, or facilitating, a sham marriage

Note that the above is not an exhaustive list. The general advice, however, in regards to maintaining ILR in this regard is to not engage in any criminal activity and ensure that you follow UK laws in order to minimise your risk of having ILR removed or revoked.

Deception and Refugee Status

The final element of maintaining ILR status is not something you must actively do, but rather things that the UK government must be satisfied still apply to you in order to keep your ILR status active.

The first of these is ensuring that you have not obtained your ILR status through deceptive means.

Generally speaking, having obtained status through “deceptive means” can mean deliberately presenting false information in your application, submitting false documents or purposefully withholding key information that may have otherwise affected the Home Office’s decision to grant you ILR.

If the government discover that you have done one or more of the above, they may revoke your ILR status and you may have to leave the UK.

Similarly, if you were granted ILR on the basis of being a refugee and you cease to be a refugee, the UK government may also revoke your ILR status.

This may occur if you:

• Voluntarily accept the protection of your country of nationality
• Voluntarily re-acquire a lost nationality
• Acquire the nationality of a country other than the UK and accept their protection
• Voluntarily establish yourself in a country in which you were a refugee

What are the Indefinite Leave to remain conditions to obtain British citizenship?

Applying for ILR is one of the steps to obtain British citizenship by way of naturalisation. To be eligible, you must retain your status for at least 12 months. However, if you are the spouse or the civil partner of a UK settled person, you do not need to wait, and you can apply to naturalisation as soon as you get your ILR.

To qualify for British Citizenship, you must not have spent more than 90 days outside the UK in any 12-months eligible period. In total, you must not exceed 450 days in 5 days. Otherwise, your qualifying period will start over.

Once your British citizenship is granted, you are not subject to any immigration rule. This means you can spend more than 2 years outside the UK without losing your status. However, your citizenship can be removed if it is found that you have lied on your application or if you are considered a threat to national security.

Do you have any questions about the conditions for Indefinite Leave to Remain in the UK?

If you need help to plan your route to the Indefinite Leave to Remain in the UK, one of our immigration solicitors is happy to support you.

Our team specialises in UK immigration and has experience in providing expert guidance to individuals who wish to settle in the UK. One of our legal advisers will follow your case working closely with you. Your lawyer can assess if you meet the Indefinite Leave to Remain conditions. Together you will find the best strategy to submit a successful application.

If you need support with Indefinite Leave to Remain, you can get in touch with our London, Manchester, or Birmingham immigration lawyers, or alternatively, check our office finder for your closest branch. We look forward to supporting you.