Indefinite Leave to Remain (ILR) is a type of immigration status in the United Kingdom that allows individuals to live and work without restrictions. However, it is important to note that ILR does not mean citizenship. ILR can expire if certain rules are not followed. In this article, we will discuss the expiry rules for ILR and what you need to know to maintain your status.
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What is Indefinite Leave to Remain?
Indefinite Leave to Remain is an immigration status that allows individuals to live and work in the UK without any restrictions on their stay. ILR is often granted to individuals living in the UK for a certain time, typically five years or more and have met specific immigration requirements. Once granted, ILR allows individuals to stay in the UK without any time restrictions and to access public services such as healthcare and education.
Indefinite Leave to Remain Expiry Rules
While ILR is meant to be a permanent immigration status, it can expire if certain rules are not followed. The most important rule is that ILR can only be recovered if an individual spends less time outside the UK. Specifically, an individual with ILR can lose their status if they spend more than two years outside of the UK without obtaining a Returning Resident visa or an exemption.
It is important to note that the two-year period does not have to be consecutive. For example, if an individual spends six months in the UK, six months in another country, and then another six months in the UK, they would have used up one year of their two-year period.
Maintaining Indefinite Leave to Remain
To maintain their ILR status, individuals must ensure they only spend up to two years outside the UK by obtaining a Returning Resident visa or an exemption. Additionally, they must continue to meet the immigration requirements that were necessary to obtain ILR in the first place.
For example, if an individual obtained ILR through the Tier 2 (General) visa route, they must continue to work for the same employer and occupation they were in when they obtained ILR. If they wish to change employers or occupations, they must first obtain a new visa that meets the immigration requirements for ILR.
Applying for ILR
If an individual’s ILR has expired, they may be able to apply for ILR again if they meet the immigration requirements. However, the application process can be more difficult than the initial ILR application.
Individuals who wish to apply for ILR should seek advice from an immigration lawyer or an accredited immigration advisor. They should also ensure they meet all of the immigration requirements for ILR before applying.
Conclusion
Indefinite Leave to Remain is a valuable immigration status that allows individuals to live and work in the UK without any restrictions on their stay. However, it is important to remember that ILR can expire if certain rules are not followed.
Specifically, individuals with ILR must only spend up to two years outside of the UK to obtain a Returning Resident visa or an exemption. To maintain their status, individuals must also continue to meet the immigration requirements that were necessary to obtain ILR in the first place. If an individual’s ILR has expired, they may be able to apply for ILR again if they meet the immigration requirements.
At My Legal Services, we understand the importance of protecting your immigration status and securing your future in the UK. Our team of experienced immigration lawyers and advisors can help you navigate the complex rules and requirements associated with ILR and provide tailored guidance on maintaining your status and applying for ILR.
