By law, if you have acquired settled status (ILR), and have been absent from the UK for more than 2 consecutive years, you will automatically lose your indefinite leave to remain.
Can you ‘revive’ your ILR status?
…
The short answer is YES. Having been absent for more than 2 years you will have to apply for entry clearance as a returning resident. You will have to show that:
• You plan to return to live in the UK permanently.
• You have been settled in the UK before you last left.
• You have not been given public funds to help you leave the UK.
You will also have to provide evidence to show that you have strong ties to the UK, give details of and your current circumstances and explain why you’ve lived outside the UK.
Exceptions do apply but are not discussed here. If you have dependants (partner and children under 18), they will unfortunately have to apply separately for a Returning Resident visa if they’re eligible.
We strongly RECOMMEND that you obtain professional advice when compiling and submitting evidence to ensure that the guidelines issued to Home Office staff in the exercise of their statutory discretion are met.
Daniel Dippenaar – Barrister Immigration Consultant 31 May 2019

