Understanding Your ILR & Returning After Time Away

By Smartmove2uk Views: 13349

Congratulations! Getting Indefinite Leave to Remain (ILR) in the UK is a big step. It means you have the permanent right to live here. This is your chance to build a lasting life in the UK.

Does your ILR ever just disappear?

Well, not exactly expire like a regular visa. Your ILR status itself doesn't have an end date. It’s a long-term permission to call the UK home.
But there’s something important to keep in mind. If you decide to live outside the UK for a long time, things can get a bit tricky. You might need permission to come back to your UK home.
Usually, if you haven't been away for too long, you just show your ILR proof (like your stamp or BRP card) when you arrive back in the UK.

So, how long is “too long”?

There are time limits. These depend on how you got your permanent status.
Most people with ILR can be outside the UK, the Channel Islands, and the Isle of Man for up to two continuous years.
If you have settled status through the EU Settlement Scheme, you have a bit more time. You can be away for up to five continuous years.
For Swiss citizens or their family members with settled status under the EU Settlement Scheme, the limit is four continuous years.

What happens if you have been away for longer than these times?

Don't worry too much!
There is a special visa you might need. It's called a UK Returning Resident Visa.
A Returning Resident Visa is for people who used to have ILR (or another type of settled status) before they left the UK.
If you have been gone for longer than the allowed time, this visa could be your way back to your permanent life in the UK.
Think of a Returning Resident Visa as a bridge to get your ILR back. If your application is successful, it's like your ILR never actually went away because of your time abroad.

Are there any situations where you might not need a Returning Resident Visa?

Yes, there are a few exceptions.
For example, if you or your partner are serving in the British armed forces.
Or, if you work for certain UK government departments or the British Council.

Applying for a Returning Resident Visa isn't automatic.

You will need to show a few important things to the authorities:

Firstly, you need to prove that you have strong ties to the UK, such as family members who still live in the UK.
Secondly, you need to explain your current situation—what have you been doing while you were away from the UK?
Thirdly, you need to tell them why you have been living outside the UK.

It's important to show that you really plan to come back to the UK to live here permanently.
If it looks like your main life is now somewhere else (with family, property, or work interests abroad), your application might be refused.
Showing that you are planning to start a job, look for work, or buy a home in the UK can really help your case.

How can you show these strong ties?

You can provide evidence of:

Family in the UK.
Property you own in the UK.
Any business connections you still have in the UK.

The Home Office will also consider how long you originally lived in the UK and how long you have been away.

If you do need to apply, here are the general steps:

Fill in the online application form.
Pay the application fee, which is currently £637.
Send in the required documents. These might include:

Your current and any old passports.
A passport-sized photo.
Proof of why you were away from the UK (like work contracts, study documents, or medical letters).
Evidence that you plan to live permanently in the UK again.
Proof of your strong ties to the UK while you were overseas.

You will need to give your fingerprints and photo at a visa application centre in the country you are in.
If your application for a Returning Resident Visa is approved, you can travel back to the UK.
You will be allowed entry at the border. These visas are usually valid for up to 90 days. Once you are back in the UK, you will get a new BRP card. This card will show that you have the permanent right to live in the UK.

Understanding these rules about your ILR and the Returning Resident Visa helps you plan your life with more confidence.
If you are ever unsure, remember that qualified UK immigration experts are there to help guide you.