What should I do if my ILR status has lapsed?

Indefinite Leave to Remain (ILR) status lapses where an individual has been absent from the UK for a continuous period of more than 2 years.

It can, however, be possible to make a Returning Resident application to restore ILR status.

To make a Returning Resident application, you must:

• Be presently outside of the UK;
• Have been away from the UK for more than 2 continuous years;
• Have held ILR status when you last departed the UK;
• Have continued to maintain strong ties with the UK during your absence; and
• Intend to make the UK your permanent home on return to the UK.

When considering whether you have ‘strong ties’ with the UK, the Home Office gives consideration to:

• The length of your original residence in the UK;
• The length of time that you have been outside of the UK;
• The circumstances in which you left the UK and your reasons for remaining absent;
• Your reasons for now wishing to return to the UK;
• Whether, if you were to be readmitted, you would continue to live in the UK; and
• Any other compelling or compassionate factors

COVID-19 has also become an additional factor that the Home Office will consider when assessing a Returning Resident application.

Under current Home Office policy, if you have made a Returning Resident application on or after 24 January 2020 in circumstances where you were stuck outside of the UK for more than 2 years due to COVID-19 travel disruptions/illness, you may be eligible to claim a refund of the official application fee following the processing of your application. You should include evidence of how COVID-19 extended your time out of the UK with your application.

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The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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