What is indefinite leave to enter?

Indefinite leave to enter (ILE) is permission to come to the UK to settle, with no time limit. It is usually granted outside the UK as an entry clearance, so the holder does not need further leave on arrival. It is the entry equivalent of indefinite leave to remain, and the Immigration Rules treat both as settlement.

How indefinite leave to enter works

Indefinite leave to enter, often shortened to ILE, is permission to enter the UK that has no time limit. The Immigration Rules define “settlement” as indefinite leave to enter or remain.^{[1]Home Office, Immigration Rules: Introduction} So ILE and indefinite leave to remain (ILR) are two forms of the same thing. The Rules also say that “permission to enter” has the same meaning as leave to enter in the Immigration Act 1971.^{[1]Home Office, Immigration Rules: Introduction}

The difference is where the person is when they get it. ILE is given to someone coming to the UK. ILR is given to someone already here. GOV.UK uses the terms side by side. For example, it says that permission to settle is sometimes called “settlement”, “indefinite leave to remain” or “indefinite leave to enter”. It also says a person can apply to settle from inside or from outside the UK in some cases.^{[7]Home Office, Indefinite leave to remain or enter (domestic violence or abuse)}

How ILE is granted

The Immigration Rules say an entry clearance can have effect as ILE. It must specify the purpose of entry and either carry conditions or carry a statement that it has effect as indefinite leave to enter.^{[2]Home Office, Immigration Rules Part 1: Leave to enter or stay in the UK} The holder of that entry clearance does not need leave to enter on arrival. The Rules treat them as having arrived with leave that was given before they travelled.^{[2]Home Office, Immigration Rules Part 1: Leave to enter or stay in the UK}

The Rules also allow an immigration officer to give ILE to some British Overseas citizens who hold UK passports and satisfy the officer that they were given indefinite leave to enter or remain since 1 March 1968.^{[2]Home Office, Immigration Rules Part 1: Leave to enter or stay in the UK}

A Returning Resident visa is another example. A successful applicant is granted entry clearance for settlement.^{[4]Home Office, Immigration Rules Appendix Returning Resident}

ILE compared with ILR

GOV.UK lists indefinite leave to enter next to ILR when it explains who can apply for citizenship. A person can apply if they have lived in the UK for 5 years and have held ILE, ILR or settled status for 12 months.^{[5]Home Office, Apply for citizenship if you have indefinite leave to remain or 'settled status'}

When ILE lapses

Leave that was conferred by an entry clearance does not lapse just because the holder travels outside the common travel area. The Immigration (Leave to Enter and Remain) Order 2000 sets out an exception. Where the holder has stayed outside the UK and the Islands for a continuous period of more than 2 years, unlimited leave lapses.^{[3]UK Government, The Immigration (Leave to Enter and Remain) Order 2000, article 13} Different periods apply to leave granted under Appendix EU: more than 5 years, or more than 4 years for Swiss nationals and their family members.^{[3]UK Government, The Immigration (Leave to Enter and Remain) Order 2000, article 13} The Order also contains exceptions, so the 2-year rule does not apply in every case.

A person whose settlement has lapsed and who wants to come back may apply as a Returning Resident. The Rules require them to have been granted settlement before, to intend to return to the UK to settle and to have kept strong ties to the UK.^{[4]Home Office, Immigration Rules Appendix Returning Resident}

People with ILE can also replace a paper document, sticker or vignette with an eVisa. This is a digital record of identity and immigration status. GOV.UK says this applies if they have not applied to the EU Settlement Scheme.^{[6]Home Office, Apply to the EU Settlement Scheme: If you have indefinite leave to enter or remain} See our page on eVisas.

Example

Kwame is granted an entry clearance abroad that is endorsed as having effect as indefinite leave to enter. He travels to the UK and shows it at the border. He does not need to apply for leave on arrival, because the entry clearance already has effect as ILE.

Later he moves abroad to care for a relative. If he stays outside the UK and the Islands for a continuous period of more than 2 years, his ILE lapses under the Order. If that happens and he wants to come back, he would have to apply for entry clearance as a Returning Resident. This example uses invented facts. It is not advice on a real case.

What people get wrong

Many people think ILE and ILR are different levels of status. The Immigration Rules define settlement as both, and the 2-year absence rule is the same in most cases. The label changes with where the person was when they received it.

A second mistake is to assume that a long absence cannot end ILE. The Order says unlimited leave lapses after more than 2 continuous years outside the UK and the Islands in the cases where that rule applies.^{[3]UK Government, The Immigration (Leave to Enter and Remain) Order 2000, article 13}

The bottom line

Indefinite leave to enter is settlement given to a person coming to the UK, usually by an entry clearance that has effect as ILE. It has no time limit, but it can lapse after more than 2 continuous years abroad. GOV.UK lists ILE next to ILR for citizenship applications. If you hold ILE and are planning a long period abroad, check the current rules first.