ILR does not usually have an expiry date, but it can be lost in certain situations (especially long absences). This guide explains when ILR may need to be restored and the typical process and costs.
Obtaining Indefinite Leave to Remain (ILR) is a significant step towards establishing long-term residence in the United Kingdom. However, under certain conditions, ILR status can be lost or may need to be restored. While ILR grants the right to live and work in the UK permanently, certain circumstances can affect its validity. Below, we address common queries and explain the ILR renewal process, including when and how you might need an ILR replacement and practical steps to renew UK residence permit status.
Does an Indefinite Leave to Remain Expire?
“How long is Indefinite Leave to Remain valid for?” is one of the most frequent questions. Technically, ILR is granted without a specific end date, which is different from a temporary visa. However, certain circumstances can cause you to lose your status.
The most common reason is absence from the UK for 2 years. For people who have status under the EU Settlement Scheme, this period is 5 years. Swiss programme participants may lose their residency if they have been away from the UK for more than 4 years.
The expiry date printed on a Biometric Residence Permit (BRP) can also create confusion because the card itself may expire even though your underlying immigration status does not automatically end on that date.
How to Renew an Indefinite Leave to Remain?
To renew a UK residence permit after losing ILR due to a long absence, you may need to apply for a Returning Resident Visa. This enables you to return and settle in the UK after an absence of more than two years and restore your ILR. The applicant must confirm that:
- They had ILR before their last departure from the UK.
- The Home Office did not provide financial support for their departure from the UK.
- They intend to remain in the UK indefinitely.
To improve the chances of approval, you must demonstrate strong connections to the UK and provide valid reasons for a long absence. These may include:
- Caring for relatives
- Business
- Medical treatment
- Education
The length of time spent outside the UK matters: the longer you stay abroad, the harder it can be to demonstrate strong ties. Your previous length of residence in the UK can also help evidence those ties.
Can Indefinite Leave to Remain Status be Revoked?
ILR does not have a fixed expiry date. However, ILR may be revoked in certain situations, including:
- Deception or false information provided to the Home Office. If ILR was obtained fraudulently, the Home Office can revoke status and initiate removal action.
- ILR granted on the basis of refugee status, where that refugee status is later lost.
- Deportation grounds (including situations where deportation is considered, even if removal is not currently possible).
- Illegal working.
- Criminal offences, or where the person is considered a threat to national security or a danger to the public (including terrorism or organised crime).
In such cases, the Home Office may revoke ILR to protect the UK’s and its citizens’ interests.
Previously, ILR holders had to renew the validity of a biometric card confirming immigration status every 10 years. However, from 31 December 2024, these documents were abolished, and immigration status can be checked online.
How Much Does it Cost to Renew Indefinite Leave to Remain?
Costs depend on your situation. If you need to return to the UK after an absence of more than two years, the ILR renewal process is typically linked to the Returning Resident Visa. The article states that the cost of a Returning Resident Visa is £637.
How Can Sterling Law Help?
For assistance with ILR status or other UK immigration matters, Sterling Law’s team can guide applicants through the process and help prepare the required evidence.