Q&As

How can a person lose indefinite leave to enter or remain?

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Published on LexisPSL on 29/11/2016

The following Immigration Q&A provides comprehensive and up to date legal information covering:

  • How can a person lose indefinite leave to enter or remain?
  • Lapsing leave
  • Cancelling indefinite leave
  • Revoking indefinite leave

How can a person lose indefinite leave to enter or remain?

There are a number of ways that indefinite leave to enter or remain can be lost.

Lapsing leave

When a person with indefinite leave in the UK travels outside the Common Travel Area, ie the UK, the Channel Islands, the Isle of Man and Ireland, under the Immigration (Leave to Enter and Remain) Order 2000, SI 2000/1161, art 13(4), their leave does not lapse provided they are not absent from the UK for a continuous period of more than two years. This is the ‘two-year’ rule and is subject to the limited exceptions found in SI 2000/1161, arts 13(A) and 13(B). See Practice Note: Types of returning resident, the two-year rule and returning for settlement.

Cancelling indefinite leave

Practice Note: Types of returning resident, the two-year rule and returning for settlement, under the heading ‘Cancelling and revoking indefinite leave’ explains that indefinite leave can be cancelled by the UK immigration authorities or the Home Office, where a person has leave which is in force and is returning to the UK or is outside the UK. The power to cancel leave is found in Schedule 2, Part I, paras 2, 2A to the Immigration Act 1971 (IA 1971) (see also SI 2000/1161, art 13).

For the grounds in the Immigration Rules on which indefinite leave will be cancelled, see Immigration

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