Will ILR be canceled? Four situations leading to loss of permanent residency and the 12-month line

12 months is the fastest line to lose permanent residency. Under UK Borders Act 2007, section 32, non-British and non-Irish nationals who are sentenced to 12 months or more in the UK have a legal obligation for the Home Secretary to issue a deportation order. ILR holders are not on the exemption list.

The line for 12 months now includes probation as well.

Sentencing Act 2026, section 45 amends UK Borders Act 2007 s.38(1) and NIAA 2002 s.117D(4), incorporating the term "suspended sentence of 12 months or more" into the definition of foreign criminals. The effective date is 22 March 2026, and the accompanying SI 2026/217 adds a transitional provision: it applies only to offenses committed on or after that day, and does not apply to convictions prior to that date. In other words, before this date, receiving a suspended sentence of 12 months usually would not trigger an automatic deportation obligation; after that date, it is treated equally with a custodial sentence on this line. This change is hardly discussed in the Chinese-speaking community, but it directly alters the value of "fighting for a suspended sentence" in criminal defense.

My judgment is clear: whether the sentence is 11 or 12 months, the immigration consequence is a cliff-like . Therefore, once entering the criminal procedure, the immigration lawyer and criminal lawyer should coordinate before sentencing, submitting the immigration consequences as mitigating factors, rather than asking about the permanent residency after the sentence has been handed down. If this step is delayed, the subsequent administrative procedures will be almost unsolvable.

The deportation order is issued, ILR becomes automatically invalid.

One widely circulated version is that the Ministry of the Interior must first "revoke your permanent residency" before deportation can be discussed. The order is actually reversed. Section 5(1) of the Immigration Act 1971 clearly states that once a deportation order is made, all permits obtained by the person prior to the deportation order or during the validity of the deportation order are automatically invalidated, including permanent residency, without the need for an additional revocation process.

Which section is Section 76 for? Section 76 of NIAA 2002 is for people who "should be deported but cannot be deported": 76(1) should be deported but cannot be executed due to legal reasons (e.g., Article 3 of the Human Rights Convention); 76(2) the permit was obtained by fraud, should be removed but in fact cannot be removed; 76(3) refugees no longer need protection due to their voluntary actions. After such cancellation, people are usually not immediately deported, but instead given a time-limited permit with the right to appeal, and the permit continues during the appeal period.

Home Office"Cancelation and Curtailment of Permission" v10.0 (1st edition on January 28, 2026) states very directly: the word "cancellation" does not alter the statutory power, there is no power within the territory to curtail an indefinite license, and the only way is the revocation under section 76.

The very common risks at the port and boarding gate

You can't do it domestically, but when entering the country, another set of rules applies. The current Part Suitability (effective from November 11, 2025, replacing the original Part 9) separates deception and false statements into two separate provisions: SUI 9's deception is established under the civil standard of proof and leads to mandatory consequences; SUI 10.2 allows cancellation of a person's existing permit upon entry, with reasons including false statements, false documents, and non-disclosure of relevant facts. The days of absence that were underreported when applying for permanent residency and income that doesn't match HMRC's records can still be uncovered years later and serve as grounds for cancellation.

Fourth, the quietest: SI 2000/1161, paragraph 13(4), continuous absence from the UK for more than two years will automatically invalidate the permanent residence, no decision letter, nor any notice will be issued.

Three Things Permanent Residents Can Do This Week

First, do not bear any criminal proceedings (including plea bargains and accepting warnings) alone until the sentencing day, first calculate the immigration consequences. Second, check the number of days you left the country, your employer and salary in your permanent residency application against your passport stamps and HMRC records, and proactively correct any discrepancies, do not leave them until being questioned when passing through. Third, long-term absences will be managed strictly according to a two-year rule, set your personal red lines earlier. If you are unsure whether your record constitutes an issue, you can pay £5 on justiscript.com to get a written response from a British practicing lawyer regarding a specific issue.

This article is for reference only. For specific issues, please consult a licensed attorney.

📌 你手里的永居是哪一年批的？当年表格上那个出境天数，是照着护照戳一天天数出来的，还是凭印象填的？评论区聊聊你后来怎么核对的。

[数据来源] GOV.UK / legislation.gov.uk：UK Borders Act 2007 s.32、s.38；Sentencing Act 2026 s.45 及 SI 2026/217；Immigration Act 1971 s.5(1)；NIAA 2002 s.76；Home Office《Cancellation and curtailment of permission》v10.0（2026年1月28日）；Immigration Rules Part Suitability SUI 9、SUI 10.2；SI 2000/1161 art.13(4)

Dealing with a UK legal matter? JustiScript can help