Returning Resident Visa Solicitors in London
Lost your indefinite leave to remain after more than 2 years abroad? We help you get your settled status back.
Approval is not automatic. UK Visas and Immigration (UKVI) decides each case on its own facts, and the key test is whether you kept strong ties to the UK while you were away. Our immigration solicitors in High Holborn and Upton Park build the evidence that shows those ties clearly.
📞 0207 100 2525 — available 24/7 | Free video consultations via Zoom, Teams, WhatsApp or Skype
What is a Returning Resident visa?
A Returning Resident visa is an entry clearance for settlement for people who previously held ILR but lost it through a long absence from the UK. It is set out in Appendix Returning Resident of the Immigration Rules.
If you are granted the visa, you are given indefinite leave to enter. In practice, this puts you back in the position of a settled person, and your status is held digitally as an eVisa.
When do you lose indefinite leave to remain?
Your ILR lapses automatically if you stay outside the UK, the Channel Islands and the Isle of Man for longer than the set period. According to GOV.UK, that period is:
| Your status | You lose it after a continuous absence of more than |
|---|---|
| ILR (most people) | 2 years |
| Settled status under the EU Settlement Scheme | 5 years |
| EUSS settled status — Swiss citizens and their family members | 4 years |
If you hold settled status under the EU Settlement Scheme, see our EU Settlement Scheme solicitors page for the rules that apply to you.
Your settlement does not lapse if you were abroad as a member of HM Forces, or as the partner or child of a member of HM Forces or of certain Crown servants, such as UK government or British Council employees.
Away for less than 2 years?
If you have been outside the UK for less than 2 years, your ILR is still valid and you do not need a Returning Resident visa. You can return as a settled person if you held ILR when you last left and you did not receive Home Office money to help you leave the UK.
At the border you will need to prove your status, which for most people is now an eVisa linked to your passport. If you cannot easily prove the ILR you already hold, our No Time Limit application service can help.
Returning Resident visa requirements
To qualify, you must have held settlement that has lapsed because of your absence, and you must meet every requirement in Appendix Returning Resident. These are:
- Previous settlement: You were granted ILR (or EUSS settled status), and it lapsed because you were away too long.
- Strong ties to the UK: You kept strong ties to the UK while you were away.
- Intention to settle: You genuinely intend to come back to the UK to live permanently.
- No public funds to leave: You did not get help from public funds towards the cost of leaving the UK. This does not apply if you are applying under the Windrush Scheme.
- Parental consent (under 18s): Applicants under 18 need written consent from both parents, or from one parent with sole responsibility, or from a legal guardian.
- Suitability: You must not fall for refusal under the general suitability (criminality and conduct) grounds.
- Tuberculosis test: You need a valid TB test certificate if you have been living in a listed country.
You must apply from outside the UK.
How does UKVI assess "strong ties to the UK"?
Strong ties is the requirement most Returning Resident visa refusals turn on. The Home Office’s caseworker guidance on returning residents tells decision-makers to weigh up these factors:
- Family ties: Close family in the UK (a partner, children, parents or grandchildren) count for more than extended family. Regular visits, or regular contact by other means, help.
- How long you lived in the UK: A long period of residence before you left usually points to stronger ties.
- How long you have been away: The longer the absence, the stronger the rest of your evidence needs to be.
- Why you left and why you stayed away: Reasons such as caring for a relative, healthcare, work, study, or being stuck abroad because of events outside your control (for example, the COVID-19 pandemic) are taken into account.
- Property and business interests: Owning property or having a business in the UK can support your case. The guidance says these are unlikely to show strong ties on their own, so they should be combined with other evidence.
A strong application tells a consistent story, backed by documents, that covers all of these points. A thin one leaves a caseworker to guess.
Windrush Scheme applicants
If you are a Commonwealth citizen covered by the Windrush Scheme, you may be able to return under that scheme instead, free of charge. The public-funds rule does not apply to Windrush applicants. See GOV.UK’s guidance on the Windrush Scheme to check whether you are eligible.
How to apply for a Returning Resident visa
You apply online from outside the UK, pay the fee, and then give your fingerprints and photo at a visa application centre.
| Details | |
|---|---|
| Where to apply | Online through GOV.UK, from outside the UK |
| Fee | £726 (check the current amount on GOV.UK before you pay) |
| Biometrics | At a visa application centre in the country you are applying from |
| Standard processing time | Usually 3 weeks after your biometrics appointment (GOV.UK processing times) |
| Faster decision | May be available, depending on where you apply |
| Family members | Partners and children must each apply separately and qualify in their own right |
Do not book travel to the UK until you have a decision.
Documents checklist
- Current passport or other valid travel document
- All previous passports, especially ones showing your time in the UK and when you left
- Evidence of your previous ILR
- Evidence explaining why you left and why your absence went beyond 2 years
- Evidence of strong ties: family in the UK, UK property or tenancy, UK income, bank accounts, business interests, and records of visits and contact
- Evidence that you intend to settle: for example, a job offer, housing plans or school places
- A TB certificate, if required
- Parental consent letters, if the applicant is under 18
What if you are refused?
If your Returning Resident visa is refused, you can ask for an administrative review if you think the caseworker made a mistake. The fee is £80, and from outside the UK you normally have 28 days to apply (GOV.UK). Our administrative review solicitors can assess your refusal letter quickly.
An administrative review only looks at caseworker errors. If it fails, or if the refusal is unlawful in another way, judicial review may be an option. Because the deadlines are short, get legal advice as soon as you receive the refusal.
Not eligible? Other routes back to the UK
If you cannot show strong ties, you may still be able to return through a different visa route. For example, you could apply as the partner or parent of a British citizen or settled person, or on a work route. Our entry clearance solicitors can tell you which route fits. Once you are back, you may be able to rebuild towards indefinite leave to remain.
Why choose Adam Bernard Solicitors?
- SRA-regulated immigration solicitors with offices in High Holborn (Central London) and Upton Park (East London)
- 15+ years’ experience and more than 15,000 clients helped
- We build a strong-ties evidence bundle and legal representations that set out your case the way the Home Office guidance asks caseworkers to assess it
- We help with family applications, so your partner and children’s separate applications are prepared alongside yours
- Free consultations by phone or video, wherever you are in the world
Book a free consultation or call 0207 100 2525 to speak to our immigration solicitors.
Frequently Asked Questions
Can I get my ILR back after 2 years outside the UK?
How much does a Returning Resident visa cost?
How long does a Returning Resident visa take?
What counts as strong ties to the UK?
Can my partner and children come with me?
Do I need a Returning Resident visa if I have been away for less than 2 years?
Can I apply for a Returning Resident visa from inside the UK?
What can I do if my Returning Resident visa is refused?
This page is for general information only and does not constitute legal advice. Immigration rules and fees change, so speak to a solicitor about your circumstances.
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Our Clients Share Their Success Stories.
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