Evidencing this will depend on a range of factors, which must be considered carefully in each individual case. Gherson has extensive experience advising and assisting returning residents. 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.
If you are a foreign national and you are granted Indefinte Leave to Remain, you will have permission to live and work in the UK without restriction.
There is no time limit on Indefinite Leave to Remain in the UK, however it is important to note that you should not spend periods of more than two years outside the UK as this may lead to the loss of ILR. You may be eligible to apply for British Citizenship 1 year after being granted Indefinite Leave to Remain.
There are a number of circumstances that may cause you to lose your Indefinite Leave To Remain status.
For example, if you leave the UK and upon return are granted leave to enter the UK other than for an indefinite period. This may occur because you mistakenly seek to enter as a visitor, or the immigration officer believes that you do not intend to reside in the UK. Indefinite Leave To Remain may also be revoked if you commit an offence that could lead to you being deported from the UK, or for reasons of national security.
You may also lose ILR status by leaving the UK for a period of more than two years, however in some circumstances you may be able to reapply. Please note that British Overseas citizens, British subjects and British protected persons do not lose their Indefinite Leave To Remain status no matter how long they stay outside the UK. Indefinite Leave to Remain.
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