Last updated: May 2026  ·  Reading time: ~14 minutes  ·  UK Immigration — England & Wales

Indefinite Leave to Remain is intended to be a permanent status. Yet each year, a significant number of ILR holders find themselves at risk — through a two-year absence they did not anticipate, a revocation they were unprepared for, or a misunderstanding about the expiry date on their Biometric Residence Permit.

The direct answer is this: ILR does not expire through the passage of time alone. However, it can lapse and it can be revoked — and the consequences in either case are serious. This guide explains every circumstance in which ILR can be lost, what the current rules provide, what is proposed under new legislation, and what to do if your status may be at risk.

If you would like to discuss your specific circumstances, our immigration solicitors in Harrow offer a free initial consultation.

Why Does My Biometric Residence Permit Have an Expiry Date?

This is one of the most common sources of concern among ILR holders and is worth addressing directly.

If ILR was granted before the Home Office completed its transition to digital immigration status, a Biometric Residence Permit (BRP) will have been issued. BRP cards carry a printed expiry date — often ten years from the date of issue, or 31 December 2024 for many cards issued during the final BRP transition period.

That date is the expiry date of the card, not of the ILR itself.

ILR status is held in the Home Office database. It does not expire when the BRP card expires. As of 2025, the Home Office has moved all ILR holders to a digital eVisa, meaning the right to remain is now evidenced online through a UKVI account rather than through a physical document.

If the BRP card has expired or shows a date that has passed, this does not mean ILR has expired. The current digital status can be confirmed by logging in at gov.uk/view-prove-immigration-status. A share code generated from that account can be used to evidence immigration rights to employers, landlords, or border officials.

Does ILR Expire Through the Passage of Time?

No — with one important qualification.

ILR does not have a built-in time limit. Unlike a visa, which expires on a fixed date, ILR does not countdown to an end date simply because time has passed.

The qualification is this: under the Immigration Rules, ILR automatically lapses if the holder spends two continuous years outside the United Kingdom. Once that threshold is crossed, ILR is treated as having lapsed automatically — without any formal decision or notification from the Home Office.

This affects individuals who have moved abroad for work or business and lost track of elapsed time; those who have been caring for a family member overseas for an extended period; those affected by the Covid-19 pandemic who were unable to return to the UK; and those who believed that occasional brief visits to the UK would reset the two-year period.

The two-year period runs from the date of last departure from the UK. A single return to the UK is generally sufficient to break the period and restart the clock. However, a pattern of very short visits over a lengthy period of predominantly overseas residence can, in certain circumstances, raise questions about whether the UK remains the individual’s principal place of residence — which gives rise to a separate and more complex issue.

Extended Absences and the Question of Residence

Most commentary on this subject addresses only the two-year automatic lapse rule. Less frequently discussed is the position of someone who technically returns to the UK within two years but only for brief periods — a week here, a fortnight there — while residing primarily outside the UK.

The Home Office guidance on this question is not definitive and there is limited case law directly on point. The broader principle, however, is that ILR is connected to the UK being the holder’s main home. Where an ILR holder has in practice relocated abroad and is making periodic short visits to the UK, there is a risk — particularly if raised at the border — that a returning officer may question whether genuine residence in the UK is being maintained.

This is not a risk for every individual who spends significant time outside the UK. Those who maintain a home in the UK, have family here, pay UK taxes, and can demonstrate clear ongoing ties are in a considerably stronger position than someone who has sold their UK property, relocated their family, and visits only occasionally.

If significant time is spent outside the UK and there is any concern about this issue, legal advice should be sought before the next trip. It is considerably easier to address potential concerns proactively than to be questioned at the border.

What Changed in October 2023: Appendix Returning Resident

In October 2023, the Home Office introduced Appendix Returning Resident to the Immigration Rules, replacing the previous returning resident provisions. The changes are significant and are not yet widely reflected in published guidance.

What changed

The requirement to have held ILR at the time of last departure was removed. Under the previous rules, an individual could only apply as a Returning Resident if they held ILR at the point they last left the UK. This created difficulties for those who had re-entered the UK as a visitor between their original departure and their Returning Resident application. The new rules remove this requirement. An application as a Returning Resident may now be made even where a visitor re-entry occurred during the absence, and those visits may be used as evidence of ongoing ties to the UK.

The “strong ties” test became an ongoing assessment. The previous rules required applicants to demonstrate strong ties to the UK at the time of applying. The revised wording requires applicants to show that strong ties to the UK were maintained throughout the period of absence. This is a meaningful distinction — it asks not only whether ties exist now, but whether they have been preserved during the period away.

What has not changed

The two-year automatic lapse rule remains in place. Applications must still be made from outside the UK. The Home Office retains wide discretion in assessing whether the evidence of ties is sufficient.

How to Apply as a Returning Resident

Where ILR has lapsed due to a two-year or longer absence, it is not possible to return to the UK and present at the border without prior authorisation. A Returning Resident visa must be applied for before travelling.

The application is submitted online from outside the UK. Applicants will need to demonstrate that ILR was previously held; provide evidence of strong ties to the UK maintained throughout the absence — including property, bank accounts, family members in the UK, employment or business connections, and records of visits made during the absence; explain the reason for the extended absence; and pay the applicable application fee, details of which are available at GOV.UK.

If the application is granted, ILR is reinstated — not a new time-limited visa. However, there is no guarantee of success. The Home Office exercises wide discretion and applications that are weak on the maintained ties point are at genuine risk of refusal. Legal advice is strongly recommended before submitting.

Can ILR Be Revoked?

Yes. The Home Office has the power under the Immigration Act 1971 to revoke ILR on specific grounds. Revocation is an active decision — distinct from the automatic lapse that occurs through extended absence — and may occur at any point, including years after ILR was originally granted.

Criminal Convictions and Deportation

This is the most common ground for ILR revocation. The Home Office will consider revocation where an ILR holder receives a custodial sentence of 12 months or more; is convicted of a serious offence — including offences involving violence, sexual offences, drug offences, or exploitation — even where the sentence is below 12 months; or demonstrates a persistent pattern of criminal behaviour over time.

Where a custodial sentence of 12 months or more is imposed on a foreign national, the Home Office is required by statute to consider whether a deportation order is appropriate. A deportation order, if made, automatically cancels ILR. There are rights of appeal against deportation orders, but the position is serious and requires immediate specialist legal advice.

Sentences below the 12-month threshold may also result in revocation in certain circumstances. The nature and seriousness of the offence, the length of residence in the UK, and the impact of removal on family members are all relevant considerations.

A conviction that is spent under the Rehabilitation of Offenders Act 1974 does not automatically protect an ILR holder from revocation proceedings. The Home Office may take spent convictions into account when assessing whether continued presence in the UK is conducive to the public good. However, the older the conviction and the stronger the individual’s ties to the UK, the weaker the case for revocation.

Deception or Fraud in the Original Application

ILR may be revoked at any time if the Home Office determines it was obtained through deception, misrepresentation, or fraud. This includes providing false information or documents in the original application; concealing material facts such as a criminal conviction or prior immigration history; and using a false identity at any stage of the process.

There is no limitation period on this ground. ILR obtained by fraud may be revoked many years after it was granted. Where there is any concern that an original application contained errors or omissions — even inadvertent ones — legal advice should be sought before the matter is raised by the Home Office.

National Security and Conducive to the Public Good

The Home Office may revoke ILR on the ground that the person’s continued presence in the UK is not conducive to the public good. This ground encompasses involvement in terrorism, extremist activity, or associations with proscribed organisations; espionage or activities harmful to UK national interests; and certain cases involving serious organised crime.

These cases are often handled through an expedited process. Classified information may be relied upon and the normal procedural safeguards of the immigration appeals system may not apply in full. Any notification from the Home Office in connection with national security concerns requires immediate specialist legal advice.

Exclusion from the UK

Where the Home Office makes an exclusion order on public interest grounds, ILR is cancelled at the same time. Exclusion orders are rare, may be imposed without prior notice, and are difficult to challenge.

Proposed New Legislation: The Border Security, Asylum and Immigration Bill 2025

The Border Security, Asylum and Immigration Bill — progressing through Parliament at the time of publication — proposes to introduce new powers that would directly affect ILR holders. The most significant proposed change is an extended absence ground for revocation: the Bill proposes to give the Home Office the power to revoke ILR where a person has spent more than five years outside the UK in a ten-year period, even where no single continuous absence has exceeded two years.

This would represent a significant departure from the current position, under which the lapse rule applies only to a single continuous absence of two years or more.

ILR vs Settled Status: How the Absence Rules Compare

EU, EEA and Swiss nationals holding Settled Status under the EU Settlement Scheme benefit from more generous absence rules than standard ILR holders.

For a full comparison of the two statuses, see our guide on ILR vs Settled Status: are they the same thing?

Protecting Your ILR: Practical Steps

Maintain a travel record

Keep a record of every trip outside the UK, including departure and return dates. Bank statements, passport stamps, and travel booking records are supporting evidence. This record is invaluable if questions arise at the border or if a Returning Resident application becomes necessary.

Be aware of the two-year limit

Set a reminder at the 18-month mark of any extended absence. The two-year period is calculated from the date of last departure from the UK, not from the original date of ILR grant.

Maintain evidence of UK ties

Where significant time is spent abroad, retain records of UK connections: utility bills, bank statements, correspondence to a UK address, evidence of property, and records of contact with UK-based family members. These will be relevant if re-entry is questioned or a Returning Resident application is required.

Apply for British citizenship when eligible

Naturalisation as a British citizen is the most permanent protection against the loss of ILR. Once British citizenship is held, the right to remain in the UK is not contingent on immigration status or absence patterns. Most ILR holders are eligible to apply after 12 months. If eligible and no application has been made, this is worth considering without further delay.

Disclose accurately in all applications

Any criminal convictions, civil orders, or prior immigration issues must be disclosed fully and accurately in ILR applications, naturalisation applications, and any other Home Office process. Non-disclosure is treated as deception and can result in revocation of any status subsequently granted, regardless of how much time has passed.

What Happens to ILR When Applying for British Citizenship?

Once British citizenship is granted, ILR is superseded. The right to remain in the UK flows from citizenship rather than immigration status. Naturalisation is therefore the most robust outcome for any long-term UK resident.

During the period between submitting a naturalisation application and receiving a decision, ILR remains active. If ILR were to lapse during this period — for example, through an extended absence abroad — a Returning Resident application would be required. In practice, most straightforward naturalisation applications are processed within six months, so this is rarely a concern for applicants who remain in the UK during the process.

Frequently Asked Questions

A Note on Upcoming Legislative Changes

As at May 2026, the Border Security, Asylum and Immigration Bill is progressing through Parliament. In addition to the proposed new absence ground described above, the Bill contains further provisions that may affect ILR holders, including proposed changes to the revocation framework and new powers relating to individuals whose presence is deemed not conducive to the public good. This article will be updated as the Bill progresses and further guidance is published by the Home Office.

How Kenton Solicitors Can Help

Kenton Solicitors is a Law Society-accredited firm based in Harrow, London, with over 20 years of experience in UK immigration law. Our immigration team advises clients across all aspects of ILR, settlement, and naturalisation.

We can assist with:

• Assessing the impact of absences on ILR eligibility and status
• Preparing Returning Resident visa applications
• Advising on revocation proceedings and rights of challenge
• Naturalisation applications for ILR holders eligible to apply for British citizenship

To speak to a member of our immigration team, call 020 8907 2444 or email info@kentonsolicitors.co.uk.

This article is intended for general information only and does not constitute legal advice. Immigration law is subject to change. The information in this article reflects the position as at May 2026, including the current status of the Border Security, Asylum and Immigration Bill. For advice specific to your circumstances, please contact a regulated immigration solicitor.