If you are a non-UK citizen and are not currently in the UK, but have previously been granted indefinite leave to remain in the UK, you may be eligible to return to the UK for settlement on the basis of a returning resident visa.

Requirements of the Returning Resident visa

The requirements that you will need to satisfy in order to be admitted to the UK for settlement as a returning resident will vary depending upon 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 travelling. You may also apply for a Returning Resident visa if you have been away for less than 2 years. In each case, entry to the UK may be refused if the requirements of the Immigration Rules are not satisfied.

Requirements for entry as a Returning Resident: absent from the UK for less than 2 years

You may be admitted to the UK for settlement as a returning resident if the Immigration Officer on arrival is satisfied that you:

• Had indefinite leave to remain in the UK when you last left the UK; and
• Have not been away from the UK for more than 2 years; and
• Did not receive assistance from public funds towards the cost of leaving the UK; and
• Now seek admission for the purpose of settlement.

If you consider that the Immigration Officer may have concerns in relation to your ability to satisfy any of the above requirements then you should consider applying for a Returning Resident visa before you travel.

Requirements for entry as a Returning Resident: absent from the UK for more than 2 years

If you have been absent from the UK for more than two consecutive years then you should apply for a Returning Resident visa before travelling to the UK. You will need to satisfy UK Visas and Immigration that you:

• Had indefinite leave to remain in the UK when you last left; and
• Did not receive assistance from public funds towards the cost of leaving the UK; and
• Now seek readmission for the purpose of settlement; and
• Have strong ties to the United Kingdom; and
• Intend to make the UK your permanent home.

What else do I need to know about the Returning Resident visa?

Having strong family ties in the UK, or having lived in the UK for most of your life, may be good reasons for you to be admitted as a returning resident. However there may be other ways in which you can show that you have strong ties to the United Kingdom and intend to make the UK your permanent home.  Our immigration lawyers can advise you further.

If, having been granted indefinite leave to remain, you have been absent from the UK for more than two consecutive years (and therefore your ILR has lapsed), but you have subsequently entered the UK as a visitor then you may still qualify for a Returning Resident visa providing you did not have any other type of immigration permission between your ILR lapsing and the grant of permission as a visitor.

In the event that you cannot meet the requirements to enter the UK as a returning resident, but you have previously spent a continuous period of 10 years lawfully in the UK, you may be able to enter on another basis and then submit a Long Residence application.

In the event that your application is refused, you will have a right of appeal against the decision, if you have raised a human rights claim as part of your application.

Applying for a Returning Resident visa? How our immigration solicitors can help

Our immigration solicitors regularly assist foreign nationals who have previously been granted indefinite leave to remain to settle in the UK as returning residents.

Whether you require expert advice on the requirements of the Immigration Rules for returning residents, an independent assessment of your prospects of qualifying for a returning resident visa or professional assistance with preparing a returning resident immigration application or appeal, our immigration barristers can help.

We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. We are a highly driven team, dedicated to providing clear and reliable immigration advice to individuals as part of a professional and friendly service.