A Returning Resident visa allows individuals who previously held ILR to re-enter the UK. This visa provides the individual with entry clearance to return to the UK. The individual will be granted entry clearance for settlement and therefore they are not required to re-apply for ILR upon entry to the UK.
You lose your indefinite leave to remain if you have been outside the UK, the Channel Islands and the Isle of Man for more than:
You may be able to re-enter the UK and reinstate your ILR by applying for a Returning Resident visa.
If you have lost your ILR status by living overseas for more than 2 continuous years, you will no longer be able to travel freely in and out of the UK; however, you may be able to apply for a Returning Resident visa overseas to be able to re-enter the UK.
Your ILR remains valid if you were away for less than 2 years. You can re-enter the UK as long as you had indefinite leave to remain in the UK when you last left, and you did not receive financial support from the Home Office to leave the UK
Upon arrival to the UK, you must evidence that you hold ILR; in most cases this will be an eVisa under the UK’s new digital immigration status system.
If your application for a Returning Resident visa is successful, you will be granted indefinite leave to enter. This is granted on a visa which is valid for 90 days. You must travel to the UK within those 90 days.
If your application is refused, you may be able to make a request for an Administrative Review (under Appendix AR: Administrative Review of the Immigration Rules) if you can show that there has been a caseworker error. The cost for an Administrative Review is £80.
In these circumstances, you should seek legal advice immediately.
The eligibility requirements for a Returning Resident visa are set out under Appendix Returning Resident of the UK’s Immigration Rules. To qualify for a visa under this route you must have previously been granted ILR status which has lapsed by operation of law due to absence from the UK. You must also meet all the following requirements:
To get a Returning Resident visa, you will need to apply through the UK Government’s website. The application cost £637 to apply.
To support the application, you will need to provide a number of documents, such as:
Your dependants (partner and children) need to apply separately for a Returning Resident visa if they are eligible.
Once an application has been submitted and you have enrolled your biometric information at an overseas visa application centre, a decision should usually be made within 3 weeks. You may be able to apply under priority service depending on which country you are applying from.
Our team of immigration law in Central London and East London has years of experience in navigating the requirements under this route and will ensure that you are comprehensively advised and represented throughout the process.
We understand the significance that these applications have on the lives of our clients and will ensure that every avenue is covered to give them the best chance of success.
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