Can you lose indefinite leave to remain?

Last reviewed 20 July 2026 · Reviewed by the BritainTest editorial team

Yes, you can. Indefinite leave to remain (ILR) has no time limit, but it is not unconditional. The most common way people lose it is by spending too long outside the UK, which makes it lapse. It can also be revoked in serious cases. This guide explains how, and how you might get it back. It is general information, not immigration advice.

Losing ILR by absence

The main risk is time abroad. ILR lapses if you are outside the UK, the Channel Islands and the Isle of Man for 2 or more continuous years. This catches people out: a long trip home to care for family, or a work posting abroad, can quietly cross the line if it runs past two years without a return.

EU Settlement Scheme status

If your status is settled status under the EU Settlement Scheme, the absence limit is more generous: you can be away for up to 5 continuous years (or 4 years if you are a Swiss citizen or their family member) before it is lost. The principle is the same, though: stay away too long and you lose it.

The Returning Resident visa

If your ILR has lapsed because you were away too long, you may be able to come back and regain it by applying for a Returning Resident visa. Some people are exempt from the lapse altogether, such as members of the armed forces posted overseas and certain UK government or British Council staff and their partners. Check whether you qualify, and the current fee, on GOV.UK.

When ILR can be revoked

Absence is not the only way to lose ILR. It can also be taken away in serious circumstances, for example if you are deported, if your status was obtained by deception, or if you are excluded from the UK. In some cases leave can also be cancelled at the border.

How to keep your ILR

The simplest protection is not to spend two continuous years outside the UK. If you travel or live abroad a lot, consider becoming a British citizen: unlike ILR, British citizenship does not lapse because you are abroad. Keeping evidence of your time in the UK also helps if you ever need to prove your status.

This page explains keeping or losing indefinite leave to remain and is for study and preparation only. It is general information, not immigration advice, and does not determine your eligibility for settlement or citizenship. For official rules and any updates, rely on GOV.UK; GOV.UK guidance controls if anything here differs.