Gaining Indefinite Leave to Remain (ILR) in the UK is a major milestone—but it doesn’t mean your immigration journey is over. ILR status can be revoked or lost, especially if you’re absent from the UK for extended periods or fail to meet certain conditions.
In this blog post, we’ll explore the 2025 rules around ILR status retention, including how long you can be away, what happens if you re-enter late, and how to protect your right to stay in the UK.
🔍 What Is ILR in the UK?
Indefinite Leave to Remain (ILR) gives you the right to live and work in the UK without time restrictions. It’s often a step before applying for British citizenship, and it provides access to public services and benefits.
But ILR comes with rules—particularly regarding absences from the UK and re-entry after long stays abroad.
Can You Lose Your ILR? The Short Answer: Yes
Your ILR status is not permanent if certain conditions are breached. According to UK immigration law, you may lose ILR if:
- You leave the UK for more than 2 consecutive years
- You commit serious criminal offences
- You obtained ILR fraudulently or by deception
In 2025, UK immigration authorities have reaffirmed the two-year absence rule as a key condition for retaining ILR.
Understanding the 2-Year Absence Rule
If you spend more than 2 years outside the UK without returning, your ILR will automatically lapse. This applies even if you still have a valid BRP (Biometric Residence Permit).
This rule applies to:
- ILR holders under the Points-Based System
- Family route ILR holders
- Long residence ILR holders
Note: The 2-year rule is based on continuous absence, not cumulative travel.
Can You Re-Enter the UK After 2 Years Away?
If you return after 2 years abroad, your ILR status will be considered lapsed, and you’ll need to apply for a Returning Resident visa to re-enter.
Returning Resident Visa Requirements (2025):
To qualify, you must prove:
- Strong ties to the UK (e.g., family, property, bank accounts)
- An intention to make the UK your permanent home again
- A credible reason for your extended absence
Approval is not guaranteed, so it’s important to provide detailed evidence.
How to Avoid Losing ILR Due to Absence
- Return to the UK at least once every 24 months
- Keep UK ties active (bills, bank accounts, tax records)
- If possible, avoid extended overseas work or study placements without return trips
- Apply for British citizenship once eligible (citizenship doesn’t lapse in the same way)
Other Reasons ILR Can Be Revoked
Besides long absences, ILR can also be cancelled or revoked if:
- You commit a serious criminal offence punishable by more than 12 months in prison
- You are found to have used false documents or misleading information
- You are deported from the UK under public interest grounds
In 2025, immigration enforcement has increased scrutiny on criminal background checks, particularly for ILR applicants transitioning to citizenship.
🇬🇧 What About ILR Holders Married to British Citizens?
Even if you’re married to or the parent of a British citizen, the 2-year absence rule still applies. If your ILR lapses, you would need to apply again—likely under a different immigration route with new requirements.
Final Tips to Protect Your ILR
- Keep a record of all UK entry/exit dates
- Stay updated with Home Office policy changes
- Apply for British citizenship if you qualify—it’s more secure
- Seek legal advice before taking long-term overseas assignments or sabbaticals
Conclusion
ILR is a powerful status—but it’s not “forever” unless you meet the conditions. Absences of more than two years, serious crimes, or fraud can put your settlement at risk. By staying informed and proactive, you can safeguard your right to live in the UK permanently.