ILR Deportation: Can Indefinite Leave To Remain Be Taken Away?

Indefinite Leave to Remain is a form of permanent residence, which is typically offered to foreign nationals after they’ve been living lawfully in the UK for five years or more.

Those who have obtained Indefinite Leave to Remain status can live in the country free from any imposed other immigration rules or conditions, and this is the second-to-last step for those looking to naturalise as a full British citizen.

In many ways, indefinite leave to remain is identical to being a British citizen. Overall, those with ILR status enjoy the same benefits as British nationals, with one of the few real exceptions being those with Indefinite Leave to Remain aren’t allowed to vote in local or general elections.

How can you lose Indefinite Leave to Remain Status?

This is one question that arises quite a lot. In other countries, if you obtain Indefinite Leave to Remain, you will keep the status indefinitely – as the name of refugee status suggests. However, in the United Kingdom, this isn’t the case and there are some situations that could see you lose your ILR status.

One way to guarantee that your ILR will be revoked is by returning resident visa after leaving the country for two years or more. If you fail to return to the UK in that timeframe, then your ILR will be cancelled automatically.

There are other circumstances which might also see your ILR revoked, including if you’re found to have obtained your status by deception. This means that if the Home Office discovers you were dishonest in your visa application, then your ILR may be invalidated.

Can you be deported if you have Indefinite Leave to Remain?

The simply answer to this is yes, you can. In some situations, regardless of whether you hold Indefinite Leave to Remain or not, you may still be deported. However, this won’t be for any minor or insignificant reason, and will only usually happen if you commit a crime or it becomes clear you haven’t been honest in your application for a visa.

A deportation order requires a person to leave the UK. It will also prevent that person from returning resident or re-entering the country for as long as the deportation order is in place.

Under UK immigration law, there are a number of reasons why someone may face deportation. These include the following:

• The Home Office or Secretary of State believes it’s in the interests of public good that the person is removed;
• The foreign national is 18 years or older and has committed a criminal offence which carries a prison sentence and the court recommend he or she be deported once the sentence is carried out;
• Or the person is the spouse, civil partner or child of an individual who is the subject of a deportation order

In the event you are deported from the UK, your Indefinite Leave to Remain will be invalidated.

In some cases, you may be liable for deportation but the Home Office may not be allowed to remove you. This may be because your removal goes against the Refugee Convention or the European Convention on Human Rights, but although it may not be possible to deport you, in this situation you may still lose your Indefinite Leave to Remain status.

What to do if you’re facing deportation

If you’re facing deportation, it goes without saying that you need legal representation to give you the best possible chance of fighting the order and remaining in the country. Our highly-trained Manchester immigration lawyers are experienced in all areas of immigration law, and can put together a strong case to give you every chance of a successful appeal and overcoming the deportation order.

We would urge anyone who finds themselves in this position to treat the situation as a matter of urgency as time is not on your side, so to speak to us about this or any other immigration-related topic, call us on 0161 532 7794.