Immigrationboards.com

Hi,
I'm an EU national who first came to the UK in 2002. I was granted Indefinite Leave to Remain in 2004 - that was prior to my country joining the EU. I've lived in the UK ever since (with a few breaks totaling 2.5 years), and continuously since 2011. Due to my family situation I had to move back to my country of origin in April this year. Is my ILR still valid given brexit - e.i. if I want to come back to the UK, say, next year will I be able to do so? The ILR was granted when my country was not in the EU but the UK was - now the situation is/will be reversed - does it change the validity of the ILR?

Absence from the UK for over 2 years will invalidate your ILR...apart from that you are no longer under Immigration control and have the right to reside without restriction, regardless of what happens after Brexit.

If the ILR was issued under the UK Immigration Rules, as it would be if your country was not a part of the EU at the time of issue of the ILR, then Brexit will have no impact on the status of the ILR, provided you return to the UK within two years.

It is worth remembering that a person returning to the UK with ILR needs to meet different requirements to a person with PR. PR is maintained if the person is present in the country once every two years. ILR requires you to be resident in the UK.