1. Introduction: What is Indefinite Leave to Remain (ILR)?
Indefinite Leave to Remain (ILR) is an immigration status granted to non-British citizens, allowing them to live and work in the UK without time restrictions. While ILR provides significant benefits, such as stability and eligibility for some public services, it is not a citizenship status. As such, ILR holders are still bound by certain travel and re-entry rules that differ from those for British citizens.
2. Does ILR Allow Visa-Free Travel?
ILR holders do not gain visa-free travel privileges from their ILR status. Instead, visa-free travel is determined by the passport you hold. For example, if you hold a non-EEA passport, your visa-free access depends on your country of citizenship, not on ILR.
3. Visa-Free Countries for ILR Holders by Passport
The countries you can travel to without a visa depend on your nationality:
- EU/EEA and Swiss Citizens: As ILR holders from these countries, you can travel visa-free to the EU/EEA and Switzerland.
- Non-EU Countries: If you hold a passport from a non-EEA country, your visa-free travel is subject to the agreements between your home country and the destination country.
Note: Always check the visa requirements for your nationality on the government or embassy websites of the countries you plan to visit.
4. Re-Entry Rules for ILR Holders When Returning to the UK
While ILR allows you to live in the UK indefinitely, it does not guarantee entry if you leave for an extended period:
- Short Trips (under 2 years): Generally, you can travel outside the UK and re-enter without issues if your absence is under 2 years.
- Extended Absences (over 2 years): If you are absent from the UK for over 2 years, you risk losing ILR status. In this case, you must apply for a Returning Resident Visa to re-enter the UK.
To avoid losing ILR, keep UK residency ties strong by not spending excessive time abroad.
5. Traveling in the European Union (EU) with ILR
The UK is no longer part of the EU, so ILR holders do not have automatic visa-free access to the Schengen Zone. However:
- EU/EEA Passport Holders: ILR holders with EU/EEA passports can travel visa-free within the Schengen Area for up to 90 days in a 180-day period.
- Non-EU/EEA Passport Holders: If your home country is visa-required for the Schengen Area, you’ll need a Schengen visa to visit EU/EEA countries.
Starting in 2024, many non-EU citizens will need an ETIAS travel authorization to enter the Schengen Zone, similar to the ESTA required for the United States.
6. Applying for a Returning Resident Visa
If you’ve been outside the UK for more than 2 years and want to return, you’ll need a Returning Resident Visa to regain ILR status. Requirements include:
- Proof of Strong Ties to the UK: Demonstrate connections, like family, property, or employment.
- Reason for Extended Absence: Provide reasons for why you stayed outside the UK for over 2 years.
- Application Fee: The Returning Resident Visa costs £531.
The Returning Resident Visa is not guaranteed, and approval depends on the strength of your ties to the UK.
7. Tips for Traveling with ILR
- Check Visa Requirements: Always verify the visa requirements for each country, as ILR does not automatically grant visa-free travel.
- Document Your Trips: Keep a record of your time spent outside the UK to ensure you don’t exceed the 2-year absence limit.
- Consider British Citizenship: If you plan to travel extensively, consider applying for British citizenship (if eligible), as it grants the same travel benefits as other British citizens.
8. Frequently Asked Questions
Can I travel within the UK without my BRP card?
Yes, you can travel within the UK without your BRP card, as it’s only required for international travel. However, keep your BRP card secure as it proves your ILR status for re-entry.
Do I need a Schengen visa to travel to Europe with ILR?
Yes, if your passport requires a Schengen visa, you’ll need one to enter Europe. ILR does not impact this requirement.
What if I lose my ILR status?
If you lose ILR due to extended time outside the UK, you’ll need to apply for a Returning Resident Visa or requalify for ILR if you decide to move back.
How long can I stay outside the UK without losing ILR?
You can stay outside the UK for up to 2 years without losing ILR. Longer absences require a Returning Resident Visa for re-entry.
Can ILR holders get British citizenship?
Yes, ILR holders can apply for British citizenship after 12 months of holding ILR, assuming other eligibility criteria are met.
9. Conclusion
While Indefinite Leave to Remain (ILR) provides substantial rights within the UK, it does not offer additional travel privileges. Visa-free access depends on your passport’s nationality, and ILR holders need to follow specific re-entry rules to avoid losing status. By keeping track of time spent abroad and understanding your travel eligibility, ILR holders can enjoy seamless travel experiences and maintain their residency in the UK.