Do I lose indefinite leave to remain if I live outside the UK for more than 2 years?

Checked on 2026-10-25

Yes. By law, indefinite leave to remain lapses if you stay outside the UK and Islands for a continuous period of more than 2 years. Settled status under the EU Settlement Scheme lapses after more than 5 continuous years, or 4 for Swiss citizens and their family. To come back after that, you may apply for a Returning Resident visa.

Key facts

What	The law says	Source
Indefinite leave to remain	Lapses after a continuous period of more than 2 years outside the UK and Islands	Immigration (Leave to Enter and Remain) Order 2000, art. 13(4)(a)
EU Settlement Scheme settled status	Lapses after more than 5 continuous years outside the UK and Islands	Same Order, art. 13(4)(za)(ii)
Swiss citizens and their family members with settled status	Lapses after more than 4 continuous years	Same Order, art. 13(4)(za)(i)
Away less than 2 years	You still have ILR and can re-enter, if you had ILR when you left and did not get Home Office money to leave	GOV.UK, Return to the UK if you had ILR
Getting it back	Apply for a Returning Resident visa; fee £726	GOV.UK, Return to the UK if you had ILR

What “continuous” means here

The Order refers to a “continuous period” outside the UK and Islands; GOV.UK describes the Islands as the Channel Islands and the Isle of Man. The 2-year rule in art. 13(4)(a) is stated to be subject to articles 13A, 13B and 13C of the same Order.

Coming back within 2 years

GOV.UK says you still have indefinite leave to remain if you were away for less than 2 years, and you can re-enter as long as you had ILR when you last left and did not receive financial support from the Home Office to leave. Bring proof of status: your eVisa (through your UKVI account) or a share code, or, if you have not accessed your eVisa, the stamp, vignette or biometric residence permit that gave you settlement. An expired BRP can be shown.

After a longer absence: the Returning Resident visa

If your ILR has lapsed, GOV.UK says you may be able to re-enter and get indefinite leave to remain again with a Returning Resident visa. You must show strong ties to the UK (for example, that you or your family have lived here most of your life) and explain your current circumstances and why you lived outside the UK. The application costs £726. Your partner and children must apply separately. You may not need to apply if you or your partner are in the British armed forces or work for certain UK government departments or the British Council.

Citizenship: GOV.UK’s citizenship guide repeats the same limits and says you may have lost your ILR if you were away for more than 2 years at any time since you got it, in which case you need a Returning Resident visa.

Sources

Change history

2026-10-25: Page created

This is general information, not legal advice, and Lumen is not a law firm. Rules change and offices differ: check the official sources above before you act. Found something wrong or out of date? Write to support@lumen.observer.