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Indefinite Leave to Enter vs Indefinite Leave to Remain

Indefinite leave to enter and indefinite leave to remain sound like different statuses. They are the same status, granted at different moments. This guide explains when each is used, the rights they carry, and how each is lost.

Checked 27 February 20267 min readWritten by the Rowan Editorial Team
Section
ILR & Settlement
Reading time
7 min
Last checked
27 February 2026
Source
The published Immigration Rules and GOV.UK guidance, linked throughout this guide.
Rowan does not
Look at your own case, tell you which route to choose, or say what the Home Office will decide. This guide shows the published rules and where to read them.

In short

  • Indefinite leave to enter is granted before arrival; indefinite leave to remain is granted in the UK.
  • The rights are the same once you are in the UK.
  • Both lapse after more than 2 continuous years outside the UK.
  • Settlement means using the NHS as a resident, which is not the same as free.

Indefinite leave to enter is settlement granted as entry clearance before arrival. Indefinite leave to remain is settlement granted to someone already in the UK. The rights are identical. Both lapse after more than 2 continuous years outside the UK, and returning after that needs a Returning Resident visa costing £726. Settled status under the EU Settlement Scheme lapses only after 5 continuous years, or 4 for Swiss citizens.

The Difference in One Line

Indefinite leave to enter is granted as entry clearance, before the person arrives. Indefinite leave to remain is granted to a person already in the UK. Both are settlement. Neither expires on a date.

When Indefinite Leave to Enter Is Used

  • Family members applying from abroad on the routes where the Immigration Rules grant settlement at the point of entry rather than after a period in the UK, such as the adult dependent relative route.
  • Returning residents who need entry clearance to come back, covered below and in our returning residents guide.

The right of abode is a separate thing again. It is not indefinite leave: it is a status held by British citizens and by some Commonwealth citizens, and it does not lapse through absence.

When Indefinite Leave to Remain Is Used

This is the common form, granted on an application made from inside the UK after a qualifying period. The routes include:

The fee on the paid routes is £3,226 for the applicant and £3,226 for each person included. See our settlement guide.

What Settlement Gives You

  • Work: no restriction on the work you can do, and no sponsor.
  • Public funds: settlement removes the no recourse to public funds condition. Individual benefits still have their own tests, including habitual residence tests for some of them.
  • NHS: you are treated as a resident and pay what a resident pays. In England that is £9.90 per prescription item and dental bands of £27.90, £76.60 and £332.10. Prescriptions are free in Scotland, Wales and Northern Ireland. There is no immigration health surcharge, and none is charged on a settlement application either. See our health surcharge guide and our refunds guide.
  • Renting: right to rent checks are an England-only scheme, so what a landlord must check depends on where the property is. See our renting guide.
  • Citizenship: naturalisation is a separate application, usually 12 months after settlement, and costs £1,839 for an adult: £1,709 to apply and £130 for the ceremony.

See our rights and benefits guide.

How Indefinite Leave Is Lost

  • Absence. GOV.UK says indefinite leave is lost after more than 2 continuous years outside the UK, the Channel Islands, the Isle of Man and Ireland. Returning after that needs a Returning Resident visa, which costs £726. GOV.UK lists exceptions for people working in the British armed forces, certain UK government departments, and the British Council. Settled status under the EU Settlement Scheme instead allows 5 continuous years, or 4 for Swiss citizens.
  • Deportation. A deportation order invalidates existing leave.
  • Deception. Leave obtained by deception can be cancelled.

British citizenship is not lost through absence, though it can be removed in the narrow circumstances set out in the British Nationality Act 1981. See our settlement to citizenship guide.

How the Status Appears

Biometric residence permits stopped being issued at the end of 2024, and GOV.UK says all of them have now expired and been replaced by eVisas. Indefinite leave, granted either way, is a digital record in a UKVI account, viewed and shared through the GOV.UK immigration status service. A share code lasts 90 days.

Employers, landlords and banks see the same status either way. See our eVisa guide and our right to work guide.

Questions and answers

What is the difference between the two?

Where the permission is granted. Indefinite leave to enter is granted as entry clearance before you arrive in the UK. Indefinite leave to remain is granted to someone already in the UK. Both are settlement, and both carry the same rights once you are here.

Does indefinite leave to enter lapse in the same way?

Yes. GOV.UK says you lose indefinite leave if you have been outside the UK, the Channel Islands, the Isle of Man and Ireland for more than 2 continuous years. Settled status under the EU Settlement Scheme is different: 5 continuous years, or 4 for Swiss citizens.

Does settlement make the NHS free?

No. Settlement means you use the NHS on the same basis as any other resident, and residents pay the same charges. In England that is £9.90 for a prescription item and dental bands of £27.90, £76.60 and £332.10. Prescriptions are free in Scotland, Wales and Northern Ireland.

What happens if I have been away more than 2 years?

The indefinite leave has lapsed and returning needs a Returning Resident visa, which costs £726. GOV.UK lists exceptions for people working in the British armed forces, certain UK government departments, and the British Council.

This guide is general information about published immigration rules. It is not advice about an individual application under s.82 Immigration and Asylum Act 1999, and Rowan is not regulated by the Immigration Advice Authority. Immigration rules change several times a year. For advice on a particular situation, contact an adviser authorised by the Immigration Advice Authority or an immigration solicitor. Always check GOV.UK for the authoritative current rules.