ILR is normally granted without a time limit, but it can be lost in a small number of legally defined situations. A deportation order can invalidate existing leave, and section 76 of the Nationality, Immigration and Asylum Act 2002 allows revocation where a person is liable to deportation but cannot be removed for legal reasons, obtained settlement through material deception, or ceased to be a refugee in specified circumstances. The official ILR rights and status guidance also describes a separate lapse rule for long absences. Start by classifying the event, then preserve the grant and travel records before responding to any notice.
What “revocation” means under section 76
Revocation is a decision about indefinite leave that has already been granted. The Home Office's revocation guidance describes three section 76 routes:
| Situation | What the rule is asking | Records to organise |
|---|---|---|
| Liability to deportation with a legal barrier to removal | Are you liable to deportation, while removal would breach a legal obligation such as the Refugee Convention or the European Convention on Human Rights? | Deportation correspondence, court or tribunal decisions, protection or human-rights representations, and your current status evidence |
| Material deception | Was indefinite leave obtained through deception that mattered to the grant? The guidance says this can include deception by a third party. | The application and evidence that led to settlement, the disputed fact, corrections or explanations, and documents showing what was known when the application was decided |
| Cessation of refugee status | Have you ceased to be a refugee for one of the reasons listed in section 76(3), such as voluntarily re-availing yourself of your country's protection or reacquiring its nationality? | Refugee grant and settlement decisions, nationality or travel documents, and evidence about the change in protection circumstances |
These are legal categories, not a checklist that can decide an individual case. The statutory text for section 76 is the primary source for the power; the Home Office guidance explains how caseworkers approach it. A record that looks worrying in isolation may still need its date, materiality and connection to the grant examined.
Revocation, lapse and cancellation answer different questions
A long absence usually raises a lapse question, not a section 76 revocation question. Ordinary ILR can lapse after more than two continuous years outside the UK and the Islands. EUSS settled status has different periods, including a separate period for Swiss nationals and their family members. A genuine return while settlement remains valid can interrupt the absence, while a return after settlement has already lapsed does not restore it automatically. Use the Returning Resident and long-absence guide when the concern is travel history, lapse or a return-to-settle application.
“Cancellation” is also used differently. The current Immigration Rules say that a person who has settlement and is in the UK can have that permission cancelled only on the section 76 grounds. Home Office cancellation guidance explains that cancellation and curtailment generally concern limited permission, and that the word “cancellation” does not create a general in-country power to shorten indefinite leave. An eVisa display error or an expired document therefore needs a status-proof check before anyone assumes that ILR has been removed.
A conviction does not automatically revoke ILR
Criminality can be relevant because it may lead to deportation liability or other enforcement action, but a conviction by itself does not convert every case into a section 76 revocation. A deportation order made under the Immigration Act 1971 invalidates leave held before the order. That legal effect is separate from a section 76 decision, although the two issues can appear in the same case.
For section 76(1), the guidance asks whether the person is liable to deportation and whether a legal reason prevents removal. If indefinite leave is revoked on that basis, the guidance says limited leave to remain may be granted because removal is legally barred. The facts, sentence, status history and protection or human-rights issues need a case-specific assessment. Do not treat a general criminal-record question, a pending investigation or a short sentence as an automatic answer about your settlement.
What to do if you receive a “minded to revoke” notice
The Home Office guidance says a person must receive prior notice with the reasons revocation is being considered and an opportunity to explain why it should not happen. It says the “Minded to Revoke Settlement or Settled Status” notice should give 28 days to respond. Treat the date and response method printed on your notice as controlling: a general article cannot extend that deadline.
Build a response file that another person can audit:
- Copy the notice, envelope or electronic delivery record, and write the response deadline in two places.
- Prove the status being questioned with the settlement decision, old passport or eVisa records, and any EUSS or refugee documents.
- Create a dated chronology of applications, decisions, travel, nationality changes, court proceedings and contact with the Home Office.
- Answer each alleged fact separately. Identify an error, explain a disputed document, and label evidence that is still being requested.
- Keep the submission, upload receipt and delivery proof. Seek advice from a regulated immigration adviser or solicitor when the notice concerns deception, criminality, refugee status or removal risk.
Do not delete an awkward record or replace it with a summary based on memory. The response should make it easier to see which facts are agreed, which are disputed and which document supports each explanation.
What can happen after a decision
Revocation and removal are related but distinct decisions. In a section 76(1) case, the guidance recognises that a person may receive limited leave because the legal barrier to deportation remains. In section 76(2) or 76(3) cases, the person may become liable to administrative removal after revocation, subject to the appeal and certification rules that apply to the individual decision. The guidance also says that a person may be able to apply for another form of leave, but the requirements of that route still apply and criminality or deception can affect suitability.
Read the decision for the statutory ground, the effective date, any new permission, the removal position and the appeal or review route. A challenge to the revocation decision is not the same as a request to correct an eVisa or replace a lost document. Keep each issue in its own section of the evidence file so an adviser can address the correct remedy.
Which detail could change the answer?
The same word—“ILR”—can hide different histories. Ordinary settlement, EUSS settled status and settlement granted after refugee recognition carry different absence and protection questions. The person's location, the exact grant route, later nationality or travel documents, the date of an alleged deception and the wording of a notice can all change the legal path. A status shown incorrectly in an account may be a proof problem rather than a loss of leave; a long absence may be a lapse problem rather than revocation.
Before taking a step that affects travel, work or removal risk, write the unresolved question in one sentence and collect the record that could answer it. The current Rules and the notice in the individual case control. This site provides general planning information and cannot decide whether section 76 applies or predict the outcome of representations, an appeal or a later application.
Frequently asked questions
Can my ILR be revoked just because I lived abroad?
Long residence abroad normally raises the separate lapse rule. Ordinary ILR can lapse after more than two continuous years outside the UK and the Islands, while EUSS settled status has different periods. A genuine return before the relevant period ends may interrupt the absence, but a visit after lapse does not automatically restore settlement. Reconstruct the actual departures and returns, then check the settlement category and the current Returning Resident rules before treating an absence as revocation.
Does any criminal conviction remove ILR?
No. A conviction can contribute to deportation liability or another immigration decision, but it does not automatically equal section 76 revocation. A deportation order can invalidate existing leave, while section 76(1) concerns liability to deportation together with a legal reason preventing removal. The sentence, immigration history, protection or human-rights issues and the decision actually served all matter. Get regulated advice before making assumptions about a conviction, investigation or pending case.
How much time do I have to answer a revocation notice?
Home Office revocation guidance says the “Minded to Revoke Settlement or Settled Status” notice should give 28 days to respond. Use the deadline, delivery method and address in your own notice as the working rule, because an individual letter can contain instructions that a general article cannot change. Save proof of delivery, request help early if records are missing, and do not wait for an informal account message before treating the deadline as active.
Is cancellation the same as revocation?
They are related terms with different legal uses. Cancellation and curtailment usually concern limited permission, while the Immigration Rules say that in-country settlement can be cancelled only on the section 76 grounds. The Home Office guidance does not treat “cancellation” as a general power to shorten indefinite leave in the UK. If an account or document shows an error, establish whether the issue is proof of status, a lapse, a deportation order or a formal revocation decision.
Can I apply for another visa after ILR is revoked?
Possibly, but there is no automatic replacement. The revocation guidance says a person may be able to apply under or outside the Immigration Rules, and the chosen route must still be met. Criminality, deception, removal action and protection history can affect suitability and the evidence required. Read the decision for any new limited leave, appeal or certification provisions, and obtain regulated advice before submitting an application that could affect your status or challenge rights.
Do EUSS settled status and refugee settlement follow the same revocation rules?
They share the section 76 framework but can involve different facts and consequences. EUSS settled status has its own long-absence periods and appeal arrangements, while refugee-status cessation can involve the protection history and the reasons listed in section 76(3). The exact grant, later travel or nationality changes and the decision notice determine which branch applies. Use the records for each person rather than assuming a family member’s status or absence period is identical.
