The UK Home Office has published official guidance detailing the circumstances under which foreign nationals can lose their indefinite leave to remain (ILR), commonly known as settled status, in 2026. The guidance, released under section 76 of the Nationality, Immigration and Asylum Act 2002, grants the Secretary of State powers to revoke ILR in specific situations.
Five Grounds for Revoking ILR
According to the official guidance, foreigners with settled status in the UK can lose their indefinite leave for the following reasons:
- Deportation: If a person is deported from the UK, their indefinite leave is automatically invalidated.
- Liability for deportation: Where a person is liable to deportation but cannot be removed for legal reasons, such as the UK's obligations under the Refugee Convention or the European Convention on Human Rights (ECHR), the Secretary of State can revoke their leave under section 76(1) of the 2002 Act.
- Obtaining leave by deception: Indefinite leave secured through deception — including deception carried out by a third party — can be revoked under section 76(2), provided the deception was central to the original grant of leave. Such deception also constitutes a criminal offence under section 24A of the Immigration Act 1971.
- Loss of refugee status: A person who was granted leave as a refugee and subsequently ceases to qualify as one — for instance, by voluntarily returning to or re-establishing themselves in their country of origin, or by acquiring another nationality and its protection — may have their leave revoked under section 76(3).
- Absence from UK for specific period: Beyond revocation, the guidance also warns that indefinite leave can lapse automatically if a holder spends too long outside the United Kingdom. A standard ILR holder who remains outside the UK for two or more consecutive years will lose their status. For those who obtained settled status under the EU Settlement Scheme, the threshold is five or more years abroad. Swiss citizens with settled status under the same scheme have a separate rule: their leave lapses after four or more consecutive years outside the UK.
Evidential Standard and Related Guidance
The guidance makes clear that the evidential standard required to revoke leave on grounds of deception is the balance of probabilities, a lower bar than the criminal standard of beyond reasonable doubt. However, a prior criminal conviction for obtaining leave by deception will satisfy this requirement automatically.
In a related story, Legit.ng reported that the UK had outlined seven ways that people with family in Britain can apply for indefinite leave to remain in 2026. Additionally, Legit.ng previously reported nine categories of people eligible to apply for indefinite leave to remain in the UK in 2026. The residency requirement to qualify differs based on a person's visa type and personal circumstances. People who work in the UK on a qualifying visa, including Skilled Worker, Global Talent, Innovator Founder, Scale-up Worker, or Tier 1 visa holders, are among those eligible.
Victor Duru, a Reuters-trained journalist and Human Interest Editor at Legit.ng, compiled this report. He holds a B.Sc in Management Studies from Imo State University and has over five years of media experience.
