Tier 5 takeaway rules – ILR – Losing Indefinite Leave

ILR – Losing Indefinite Leave – Revocation

Many people know what indefinite leave to remain is. It constitutes a major reaching point in a journey of a migrant in the UK. When the person acquires ILR or Permanent Residence (PR), any restrictions accompanying their leave are cancelled and they can remain in the UK indefinitely and as long as they desire. The most common routes to acquire ILR are through employment, for example through Tier 2 (General) ILR route, through family, i.e. spouse visa ILR or acquiring ILR on a 10 year long residence basis.

Tier 5 takeaway rules

Settled Status in the UK refers to the immigration status granted to eligible EU, EEA, and Swiss citizens, as well as their family members, who were living in the UK before the end of the Brexit transition period (December 31, 2020). It allows individuals to continue living and working in the UK without any immigration restrictions. Settled Status is part of the UK government’s EU Settlement Scheme, which was introduced to protect the rights of EU citizens and their family members residing in the UK after Brexit. Once granted Settled Status, individuals are granted the right to stay indefinitely in the UK and enjoy various benefits and services.

Indefinite Leave to Remain

Indefinite Leave to Remain (ILR) in the UK is an immigration status that grants an individual the right to live and work in the country without any time restrictions. ILR is also known as settlement or permanent residency. It allows individuals to stay in the UK for an indefinite period and provides them with a wide range of benefits, such as access to public funds, healthcare, and education.

A spouse visa in the UK, also known as a spouse visa / partner visa, is a type of visa that allows an individual to join their spouse or partner who is a British citizen or settled person in the UK. This visa category falls under the Family route of the UK immigration system.

Revocation of ILR

There will be instances where ILR will be revoked by the Home Office or it can be invalidated following deportation from the UK. Revocation of ILR can usually take place in cases involving criminality, deportation or use of deception when acquiring indefinite leave. The ILR will be revoked where a person:

  • is liable to deportation or administrative removal but cannot be deported or removed because of the UK’s obligations under the Refugee Convention or the European Convention of Human Rights (ECHR) (ILR is revoked);
  • has obtained leave by deception (ILR is revoked);
  • is deported from the UK (ILR is invalidated);
  • ceases to be a refugee because of their own actions (ILR is revoked);
  • remains outside of the UK for more than two years (ILR lapses, see below).
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