How do absences from the UK affect your immigration status?
We often receive queries from migrants about how absences from the UK might affect their immigration status, and whether they are allowed to travel to their home country. The answer depends on what immigration status you have. This article can be translated at the top right of the webpage.
Refugee Status
Refugee status is granted to people who have demonstrated that it is not safe for them to return to their home country.
If you have refugee status and return to your home country, you risk losing your refugee status. This is because the UK is entitled to decide that you no longer require protection.
So, if you decide to return to your country, even for a short trip, or to reestablish your life, there is a risk that your refugee status will be revoked (cancelled) on your return to the UK. There is also a risk that you will not be admitted back into the UK.
Remember that if you have refugee status, you should not travel with your own passport. You should instead apply for a Refugee Travel Document. Your Refugee Travel Document will tell you if you are not permitted to travel to your home country.
Note that in situations involving short trips for ‘compelling and compassionate circumstances’, it is possible for refugees to return to their home country without jeopardising their status. Permission must be obtained from the Home Office before travelling. Note that visiting family members is unlikely to be considered a sufficient reason. Seek advice.
Humanitarian Protection
If you have Humanitarian Protection, your situation is more complicated.
Whether you can return to your home country without jeopardising your immigration status depends on the reason you were granted Humanitarian Protection. If you were granted Humanitarian Protection because the Home Office accept that you have a fear of your national authorities, you should not travel to your home country and should not use your own national passport (see above, refugee status).
However, some people with Humanitarian Protection can continue to travel with their own national passport.
If you have Humanitarian Protection, you may be eligible to apply for a UK issued Certificate of Travel. Seek advice.
Indefinite Leave to Remain
Refugees: If you now have Indefinite Leave to Remain but previously had refugee status then you should still not return to your home country (see above, refugee status).
Non refugees: If you have Indefinite Leave to Remain (settlement) in the UK and you have never previously had refugee status, then you can travel to any country you wish. If you stay outside the UK for more than two years then your Indefinite Leave to Remain will lapse (end).
Applying for British citizenship
If you are planning to apply for British citizenship, you need to think carefully about your travel plans. This is because there are strict rules about absences from the UK.
To qualify for citizenship, you must not have had more than 450 days absent from the UK in the preceding 5 years. You must also not have spent more than 90 days outside the UK in the 12 months before you apply. Read more here: https://www.lawcentreni.org/citizenship-for-refugees/ If you have exceeded the absence limit, you will not be eligible for citizenship and so you will lose your application fee.
Asylum Seekers
If you have claimed asylum and are still waiting for a decision or you are in the appeal process, then you should not leave the UK for whatever reason. This includes even short trips to the Republic of Ireland.
This is because if you leave the UK, your asylum claim will be treated as withdrawn. Your asylum claim will end permanently and your asylum support (accommodation and Aspen Card payments) will stop.
In addition, if you leave the UK and then attempt to re-enter the country, you could be prosecuted for unlawful entry.
British Citizens
If you are a British citizen there is no limit on how long you can stay outside the UK, or what countries you can travel to.
Ukraine Permission Extension Scheme
In February 2025, the Ukraine Permission Extension scheme (UPE) will open for applications from people who currently hold a Ukraine Scheme visa for three years and will allow them to extend their time in the UK by a further 18 months.
There are no restrictions on travel for people with a Ukraine Scheme visa, they can return to Ukraine and there are no limits to how long they can be absent. However, to be eligible for the Ukraine Permission Extension, applicants must have been living, and have strong ties, in the UK since their Ukraine Scheme visa was issued.
Universal Credit
If you are in receipt of social security benefits you should advise the Department of Communities (via your Work Coach) if you plan to leave the country to visit relatives or have an extended holiday. You can be absent from the UK for up to one month but if you are receiving Universal Credit and have work commitments they will still be in place. There are other situations where this absence can be longer in special circumstances but you should seek independent advice to see if you meet the criteria. If you are in receipt of other social security benefits you should seek advice.