ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

ILR status after brexit

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

Locked
VictoriaK
Newly Registered
Posts: 1
Joined: Mon Aug 07, 2017 1:18 pm

ILR status after brexit

Post by VictoriaK » Mon Aug 07, 2017 1:22 pm

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?

User avatar
Casa
Moderator
Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: ILR status after brexit

Post by Casa » Mon Aug 07, 2017 1:27 pm

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.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

secret.simon
Moderator
Posts: 11261
Joined: Thu Feb 21, 2013 9:29 pm

Re: ILR status after brexit

Post by secret.simon » Mon Aug 07, 2017 1:29 pm

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.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Locked