SET09 - Returning residents and
Chapter 1 -General provisions > Section 3 - Returning residents and Annex K - Exceptions to the two year rule
Primary checkpoint > Biometric residence permits & Returning residents
Returning residents > 2.2 Further guidance:
Note that Indefinite Leave does not expire, but may lapse:However, a person returning temporarily to the UK is not necessarily a visitor. For example many people have their home in the UK and may spend substantial periods overseas on short-term business contracts or for studies and return to the UK for only a short period during holidays. This will not disqualify a person from readmission as a returning resident, provided:
• he is normally resident in the UK; and
• at the time of his admission they consider the UK to be their
permanent home, and
• he has not been away from the UK for more than 2 years and intends to return to the UK for settlement in the future.
19 Endorsement13 wrote:(4) Leave which does not lapse under paragraph (2) shall remain in force either indefinitely (if it is unlimited) or until the date on which it would otherwise have expired (if limited), but—
(a)where the holder has stayed outside the United Kingdom for a continuous period of more than two years, the leave (where the leave is unlimited) or any leave then remaining (where the leave is limited) shall thereupon lapse; and
Some discussions on 2 years.
Case law search
Baihinga (r. 22; human rights appeal: requirements) Sierra Leone  UKUT 90 (IAC) (5 February 2018)
Neshanthan (cancellation or revocation of ILR : Sri Lanka)  UKUT 77 (IAC) (17 January 2017)
Mirza, Re Judicial Review  ScotCS CSOH_73 (27 May 2016) (burden of proof for NTL).
B, R (on the application of) v Secretary of State for the Home Department (recording of leave - date stamps) (IJR)  UKUT 135 (IAC) (26 February 2016)
Hysaj & Ors, R.( On the Application of) v Secretary of State for the Home Department  EWCA Civ 1195 (26 November 2015)
Huang & Ors, R (on the application of) v Secretary of State for the Home Department ("No Time Limit" Transfer: Fraud) (IJR)  UKUT 662 (IAC) (23 November 2015)
Blaise, R (on the application of) v Secretary of State for the Home Department  EWHC 391 (Admin) (20 February 2015) (Deception, 29, NTL is confirmation of ILR)
OA221752012  UKAITUR OA221752012 (17 April 2014)
Anderson FE (AP), Re Judicial Review  ScotCS CSOH_52 (04 April 2013)
Kullas, R (on the application of) v SSHD  EWHC 735 (Admin) (07 April 2009)
Ogilvy, R (on the application of) v Secretary of State for the Home Department  EWHC 2301 (Admin) (03 August 2007)
HY and FY (Returning resident, Meaning of ILR) Iran  UKIAT 00055 (25 February 2005)
RA (Returning resident: scope of exception) Dominica  UKIAT 00020 (19 January 2005)
Shah v Secretary Of State For Social Security  EWCA Civ 285 (20 February 2002)
Harris, R (on the application of) v Secretary of State For the Home Department  EWCA Civ 100 (14th February, 2002)
Chugtai, R (on the application of) v Secretary of State for the Home Department  EWHC Admin 14 (19 June 1995)
In-country right of appeal.