ILR can be cancelled while holder is outside the UK

The Home Secretary does have the legal power to cancel someone’s indefinite leave to remain after all, the Court of Appeal has held. 

The decision in R (C1) v Secretary of State for the Home Department (Rev1) [2022] EWCA Civ 30 reverses the tentative conclusion of Mr Justice Jay last year.

There is very little information about the anonymous appellant; the case seems to be national security related. 

As per the case details, C1 had indefinite leave to remain in the UK. He left the country in 2018 and went to Iran. While he was abroad, the Home Secretary personally ordered his ILR to be cancelled and C1 excluded from the UK.

Article 13(7) of the Immigration (Leave to Enter and Remain) Order 2000 says:

Where a person is outside the United Kingdom and has leave which is in force by virtue of this article, that leave may be cancelled:

(b) in the case of leave to remain, by the Secretary of State.

The question for the court was whether “leave to remain” includes indefinite leave to remain. 

Jay J had “reluctantly” agreed that it did not, and so the Home Secretary’s purported cancellation of C1’s ILR had no legal effect.

Following the submission of appeal, the Court of Appeal found otherwise:

Section 3B of the 1971 Act authorises a power, and article 13(7) of the Order confers a power, to cancel both limited and indefinite leave to remain.

Like this article? Share on


Related articles

Information about our own complaints process, raising concerns to the Legal Ombudsman and to us

We want to give you the best possible service. However, if at any point you become unhappy or concerned about the service we provided then you should inform us immediately, so that we can do our best to resolve the problem.

In the first instance it may be helpful to contact the person who is working on your case to discuss your concerns and we will do our best to resolve any issues at this stage. If you would like to make a formal complaint, then you can read our full complaints procedure here. Making a complaint will not affect how we handle your case.

The Solicitors Regulation Authority can help you if you are concerned about our behaviour. This could be for things like dishonesty, taking or losing your money or treating you unfairly because of your age, a disability or other characteristic. 

You can raise your concerns with the Solicitors Regulation Authority.

What do to if we cannot resolve your complaint

The Legal Ombudsman can help you if we are unable to resolve your complaint ourselves. They will look at your complaint independently and it will not affect how we handle your case.

Before accepting a complaint for investigation, the Legal Ombudsman will check that you have tried to resolve your complaint with us first. If you have, then you must take your complaint to the Legal Ombudsman:

  • Within six months of receiving our final response to your complaint; and,
  • Within one year of the date of the act or omission about which you are concerned; or
  • Within one year of you realising that there was a concern.


If you would like more information about the Legal Ombudsman, you can contact them at the following details:

 Contact details

This website uses cookies to ensure you get the best experience on our website. By closing this message, you consent to our cookies on this device in accordance with our cookie policy unless you have disabled them.