What Is Indefinite Leave to Remain (ILR)?
Indefinite Leave to Remain (ILR) is an immigration status that allows non-British citizens to live, work, and study in the UK without time limits. It’s often the final step before applying for British citizenship.
While ILR provides stability and access to many public benefits, it is not the same as British citizenship. ILR holders remain nationals of another country, meaning their international travel rights depend on their passport, not their ILR status.
Does ILR Allow Visa-Free Travel?
No. ILR does not grant visa-free travel privileges.
Your ability to travel without a visa depends entirely on your passport’s nationality. For instance:
- A Canadian citizen with ILR can still travel visa-free to Europe or the US under normal Canadian passport rules.
- An Indian citizen with ILR must still apply for visas to most countries, including those in the EU or US.
ILR only guarantees your right to live and return to the UK, not to travel visa-free elsewhere.
Visa-Free Countries for ILR Holders (by Passport Type)
EU/EEA and Swiss Citizens
If you’re an ILR holder with an EU/EEA or Swiss passport, you retain visa-free access to all Schengen Area countries, typically for up to 90 days within a 180-day period.
Non-EU/EEA Citizens
If your passport requires a visa for travel to Europe, the United States, or other destinations, you’ll still need to apply for one — even if you have ILR.
✅ Tip: Always check visa requirements on official embassy or government websites before traveling.
Re-Entry Rules for ILR Holders Returning to the UK
Although ILR allows you to live in the UK indefinitely, there are specific rules about time spent outside the UK.
Short Trips (Under 2 Years)
You can leave and re-enter the UK freely, provided your absence is less than two years.
Always carry your Biometric Residence Permit (BRP) or proof of ILR status for re-entry.
Extended Absences (Over 2 Years)
If you spend more than two consecutive years outside the UK, your ILR automatically lapses.
To return, you must apply for a Returning Resident Visa, proving your intent to live permanently in the UK again.
To maintain your ILR:
- Avoid spending long continuous periods abroad.
- Keep strong UK ties (property, family, employment, or taxes).
Traveling in the European Union (EU) with ILR
Since Brexit, ILR holders are not automatically entitled to travel visa-free across the EU unless their passport allows it.
- EU/EEA Passport Holders: Still enjoy visa-free travel to the Schengen Area.
- Non-EU/EEA Passport Holders: Must apply for a Schengen Visa to visit EU countries.
From 2024, many nationalities will also need ETIAS (European Travel Information and Authorisation System) approval before traveling to the Schengen Zone. This is an online pre-travel authorisation, similar to the US ESTA system.
Applying for a Returning Resident Visa
If you’ve been outside the UK for more than 2 years, your ILR is no longer valid. You’ll need to apply for a Returning Resident Visa to regain your ILR rights.
Requirements:
- Proof that you previously held ILR.
- Evidence of strong ties to the UK (e.g., family, property, or work).
- Valid reason for the extended absence.
Fees and Application:
- The application fee is £531.
- Applications are reviewed by the Home Office, which considers the strength of your UK connections.
⚠️ Note: Approval is not guaranteed. Each case is assessed individually.
Tips for Traveling with ILR
- Check Visa Rules Before Every Trip
ILR doesn’t affect visa requirements — always check entry regulations for your destination country. - Carry Your BRP Card When Traveling
Your Biometric Residence Permit serves as proof of your UK immigration status and will be required on re-entry. - Keep Track of Time Spent Abroad
Record the dates of your trips to ensure you don’t exceed the 2-year absence limit. - Maintain UK Ties
Keep a UK address, bank account, and family or professional links. These factors can help if you ever need to reapply as a Returning Resident. - Consider Applying for British Citizenship
If eligible, applying for British citizenship removes travel restrictions and gives you access to the same visa-free countries as UK nationals.- You can apply 12 months after obtaining ILR (or immediately if married to a British citizen).
Frequently Asked Questions
Q1: Can I travel within the UK without my BRP card?
Yes. The BRP is only needed for international travel and re-entry into the UK, not for domestic travel.
Q2: Do I need a Schengen visa to visit Europe with ILR?
Yes, unless your passport allows visa-free entry. ILR does not change Schengen visa requirements.
Q3: What happens if I lose my ILR status?
You’ll need to apply for a Returning Resident Visa or qualify again for ILR under the latest immigration rules.
Q4: How long can I stay outside the UK without losing ILR?
Up to 2 continuous years. Beyond this, your ILR lapses automatically.
Q5: Can ILR holders apply for British citizenship?
Yes. Most ILR holders become eligible for naturalisation after 12 months of holding ILR.
Conclusion
While Indefinite Leave to Remain offers permanent residency in the UK, it doesn’t grant visa-free global travel. Your passport nationality determines your travel freedom, not your ILR status.
To maintain ILR, avoid long absences abroad, keep strong UK ties, and always carry your BRP for re-entry. For those seeking greater travel flexibility, applying for British citizenship is often the best next step.
For fixed-fee legal help with your case,
contact Martin Taggart — your trusted UK legal partner.