The Home Office has the power to revoke Indefinite Leave to Remain.
You must know what Indefinite Leave to Remain is before you can prevent it from being lost or cancelled. If you have Indefinite Leave to Remain status, then:
1. You have permission to live in the UK. However, your permission is not time limited i.e., indefinite.
2. You can work in the UK unrestricted of Immigration control.
3. You can study in the UK.
4. You can leave the UK and return without the need for visas.
Loss of Indefinite Leave to Remain
According to the Immigration Rules the Indefinite Leave to Remain expires if you leave the UK, Ireland or the Isle of Man or Channel Islands, and stay outside the UK for over two years. After two years of continuous absence, you may lose indefinite leave to remain.
If you lose the Indefinite Leave to Remain status because you are absent from the UK for more than two years and you want to return to the UK, then must apply for a returning resident visa. After getting the visa your ILR will be reinstated.
The absence from the UK
If you intend to return to the UK after staying for a long period outside the UK. One must ensure, to keep a track of the date of expiry of the ILR, it could lead to you not being permitted to re-enter the UK and your indefinite leave to remain is automatically revoked.
Applying for a returning resident visa
To apply for a returning resident visa:
1. You must demonstrate that you had Indefinite Leave to Remain status during the time you left the UK.
2. Proof your intentions to live in the UK as a permanent residence.
3. Evidence that you have left the UK on temporary grounds and intend to come back.
The Home Office will then analyze your case and give judgement on whether to grant the returning resident visa or not.
Home Office guidance
When you are applying for the returning resident visa, you must furnish the following to the Home Office:
1. You hold strong ties to the UK. Strong ties can include evidence of family who live in the UK or a partner or property ownership or mortgage papers or any tenancy agreement.
2. Detailed reason for your absence.
3. Staying away for more than 2 years could risk your returning resident visa but if you show unavoidable circumstances like health, study, or family emergency then your case would be considered.
4. Length of your original UK residence permit. Having lived for more years in London could turn the case in your favor because you can evidence strong intentions to be back to the UK.
In case of returning resident visa refusal
If your application for a returning resident visa is refused, then it is advised to take legal advice on your application. The immigration law firm can guide you to apply for an administrative review and update you with the latest immigration news and norms. A Y & J Solicitors have some of the best immigration lawyers who handle administrative reviews hassle-free. If you have more content related to legal than you can also write for us law