Returning residents

People who have indefinite leave/settled status have no limit on the amount of time they can spend in the UK. However, such people are still subject to immigration control.

When a person with indefinite leave to enter or remain travels outside the UK, the Channel Islands, or the Isle of Man, their leave will lapse by operation of law if they remain outside the UK, the Channel Islands or the Isle of Man for a continuous period of more than:

  1. four years, for Swiss nationals and their family members granted settled status under the EU Settlement Scheme (EUSS)

  2. five years, for all other persons granted settled status under the EUSS, and

  3. two years, for anyone else

There are some exceptions to this general position, where a person’s indefinite leave does not lapse if they are absent from the UK for more than the prescribed periods set out above. There

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Latest Immigration News

UKICE blog asserts that Reform UK’s ILR abolition proposal faces public opposition

UK in a Changing Europe (UKICE) has published a blog by Rob Ford, Senior Fellow, UKICE and Professor of Politics,  University of Manchester arguing that Reform UK’s proposal to abolish indefinite leave to remain (ILR) and require migrants to reapply for visas every five years runs contrary to public opinion and risks a public outcry.  The blog explains that ILR is generally obtained after years of work or family sponsorship, at which point migrants gain the same rights to welfare benefits as UK citizens rights, and it is these rights Reform UK seeks to restrict. The blog asserts that Reform UK’s proposed exclusion of migrants from ILR and welfare benefits would be an unpopular policy. In support of this, Ford points to NatCen panel data from early 2024 which found that 84% of respondents supported giving tax-paying migrants equal welfare access within five years, with 65% favouring an even shorter three-year period and only 3% supporting permanent exclusion. The blog also highlights a survey by British Social Attitudes which compares 2013 and 2024 views on qualification periods for welfare access. The survey results show an increase in support of a qualification period of five years or less for migrants from 82% in 2013 to 84% in 2024.  The data provided, Ford argues, shows that despite over a decade of campaigning for a stricter migration policy, public opinion on access to welfare benefits for settled migrants remains consistent. Ford notes that while no polling exists on revoking rights already granted, Reform UK’s proposal to end ILR and revoke the welfare and security rights of settled migrants would likely be even more unpopular. Ford concludes that public opinion consistently values migrants’ economic contributions and supports fair access once settlement conditions are met.

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