The Returning Resident Visa could be applicable to you if you previously lived in the UK and obtained indefinite leave to remain but have been residing outside the UK for more than two consecutive years. With this visa type you may be eligible for a returning resident visa that allows you to settle in the UK again.
Eligibility for Returning Resident Visa?
To be eligible for admission to the UK as a Returning Resident, the requirements that you need to meet will differ based on whether you have been away from the UK for more or less than 2 years. If you have been outside the UK for more than 2 years, you should apply for a Returning Resident visa before traveling as otherwise you will be denied entry at border control.
Requirements if you have been absent from the UK for less than 2 years
To be granted entry to the UK as a returning resident, you must satisfy the following criteria upon arrival as determined by the Immigration Officer:
- You had indefinite leave to remain in the UK when you last left;
- You have been absent from the UK for less than two years;
- You did not receive public funds to aid your departure from the UK; and
- You now seek entry for the purpose of settlement.
If you have any doubts about your ability to satisfy these conditions, it is recommended that you apply for a Returning Resident visa before traveling to the UK.
Requirements if you have been absent from the UK for more than 2 years
In the event that you have been away from the UK for over two consecutive years, you should apply for a Returning Resident visa before planning a trip to the UK. To be eligible for readmission, you will need to meet the following requirements, as determined by UK Visas and Immigration:
- You had indefinite leave to remain in the UK when you last left;
- You did not receive any public fundsto aid your departure from the UK ;
- You are seeking readmission for the purpose of settlement;
- You have substantial ties to the UK ; and
- You intend to establish the UK as your permanent home.
If you were previously granted indefinite leave to remain but have been absent from the UK for more than two consecutive years, resulting in the lapse of your ILR, and have since entered the country as a visitor, you may still be eligible for a Returning Resident visa. The application, however, will need to submitted from outside the UK.
Should your application be rejected, you will have a right to an administrative review.
If you are unable to satisfy the requirements for entry as a returning resident, but have previously spent a continuous period of 10 years in the UK with lawful status, you may be eligible to enter under a different immigration route and once in the country, apply for settlement under the Long Residence route.
What other requirements will I need to meet before applying?
Our immigration lawyers at Mulgrave Law can provide you with guidance on demonstrating your strong ties to the United Kingdom and your intention to settle in the country.
While having strong family ties or a long history of residing in the UK can be compelling reasons for being granted entry clearance as a Returning Resident, there may be other ways to establish your ties to the country.
Applying for a Returning Resident Visa? Let our lawyers and solicitors at Mulgrave law take away the stress and prepare your application.
Our immigration lawyers can assist non- UK residents who have previously been granted indefinite leave to remain to settle in the UK as returning residents. We can advice on the requirements you will need to meet and assist with submission of the application.
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