How Long Does Indefinite Leave To Remain Last? – Indefinite Leave to Remain (ILR) in the UK gives you the right to settle in the country long-term, with access to healthcare and benefits and the right to work. It is an important step on the route to British citizenship and if you hold ILR you can leave and return to the UK as you wish without the need for a visa, provided you are not out of the country for more than two years. We answer the question, How long does Indefinite Leave to Remain last? and look at the importance of keeping your Biometric Residence Permit (BRP) up to date.
At Halliday Reeves, we are experts who deal solely with immigration law, meaning we have an in-depth understanding of the complex Home Office rules and requirements. We have helped numerous clients secure ILR and renew BRPs. We also deal with applications for returning resident visas for those whose ILR status has lapsed.
We provide a bespoke service, ensuring you have the level of expertise you need for your case. We have an exceptional track record of success in helping clients settle in the UK and are known for the high levels of client care we provide.
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How long does Indefinite Leave to Remain last?
There is no time limit in respect of Indefinite Leave to Remain. This means that once you hold ILR, you can stay in the UK as long as you want, provided you do not breach immigration rules. The main rule in respect of ILR is that you should not be absent from the UK for more than two consecutive years.
If you are away for longer than this, then you will automatically lose your ILR. There are some exceptions, such as for members of the armed forces or if you hold settled status granted under the EU settlement scheme.
Should you lose your ILR status, you will need to apply for a returning resident visa in order to re-enter the country. We can advise you as to eligibility for this and put together a strong application on your behalf, together with evidence in support.
Renewing a Biometric Residence Permit
If you hold ILR, you need to remember to renew your Biometric Residence Permit. If you allow this to expire, you will be classed as an overstayer, even if you have ILR.
You will not be reminded that your BRP is about to expire, so you need to check the expiry date and make sure that you apply to renew it in plenty of time. Many BRPs have an expiry date of 31 December 2024. This is because the Home Office intends to start moving to an online system by this time.
You are advised to apply to renew your BRP once it has three months or less remaining. Your application must be made from within the UK. A fee of £56 is payable, plus £19.20 if you need to have your biometric information – your photo and fingerprints – taken again.
It is important not to let your BRP expire wherever possible. If it has expired, you may be able to apply within 14 days of the expiry date if you can provide a good reason for the late application.
Otherwise, you will have 30 days from the date of expiry in which to leave the country. If you do not, you will be classed as an overstayer. This is a criminal offence and could damage any future immigration applications you may wish to make.
If you are concerned that your expiry date is approaching and you would like help to ensure your application is correct, we will be happy to hear from you.
We also deal with applications for returning resident visas for individuals whose ILR has expired.
Contact our Indefinite Leave to Remain solicitors
If you need help dealing with ILR, a BRP renewal or an application for a returning resident visa, feel free to call us and we will do all we can to assist.
We have offices in Gateshead, Middlesbrough, Wakefield and Nottingham. To speak to one of our expert indefinite leave to remain lawyers, ring us on 0330 133 7777, email us at email@example.com or fill in our Contact Form.
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