What's the impact on my Indefinite Leave to Remain (ILR) if I leave the UK to take up a new role?
Having ILR is a privileged position for a non-UK national, as it broadly means they are permitted to stay in the UK free of any conditions or restrictions that were previously imposed upon them when they had a UK visa to stay here.
Such advantages make ILR similar (but not identical) to being a British citizen, and for those whose country of nationality does not permit them to have multiple nationalities, acquiring ILR in the UK is the most optimal position for them from a UK immigration perspective.
The "indefinite" part of ILR is misleading however, as the status can be lost in some cases. This can happen when for example an individual is outside the UK (or Ireland or the Crown Dependencies) for a continuous period of 2 or more years. In this situation, ILR lapses automatically despite the person retaining a UK travel document (such as a Biometric Residence Permit) recording their ILR status. One would be forgiven for thinking that the simple answer is to return to the UK periodically for short stays every now and again to avoid losing ILR; unfortunately, this is not without its risks. The Immigration Rules contain a provision that an overseas national with ILR may retain that status only if they are re-entering the UK for the purposes of settlement here. They could therefore be denied re-entry and have their ILR status revoked even if they have not been absent from the UK continuously for two years or more if the UK immigration authorities have reason to believe they are merely visiting the UK as opposed to living here. Whether a person who is required to work for long periods overseas could lose their ILR as a result therefore depends on the particular facts and circumstances, including whether they continue to maintain a home in the UK and other strong ties to the UK.
Senior executives with ILR contemplating roles abroad may want to consider applying to naturalise as a British citizen and consequently obtain a British passport. This would provide them with more certainty and flexibility regarding their ability to reside in the UK compared to having ILR. For those unable to have multiple nationalities, it is possible to revive ILR status if they are in the unenviable position of having lost it. This would require them to apply as a 'Returning Resident' which involves having to evidence to the UK immigration authorities their strong ties to the UK, current circumstances and reasons behind the UK absence(s). Prevention is better than cure, so anyone with ILR who anticipates needing to spend significant periods outside the UK should seek advice as early as possible to find out if any appropriate planning could be done.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.