Returning Resident Visa
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.
How we work
Find out more about how we workRequirements 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 over two 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
- There are good reasons for you to be admitted as a returning resident.
What else do you need to know
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 good reasons.
Intervening visits to the UK may assist; however they may also undermine an application for a returning resident visa depending upon the timing and circumstances of the visits.
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 lawyers can help
Sarah Rogers
Founder of IAC
Our immigration lawyers regularly assist foreign nationals to settle in the UK.
Whether you require expert advice on the requirements of the Immigration Rules, an independent assessment of your prospects of qualifying as a returning resident or professional assistance with preparing an immigration application or appeal, our immigration lawyers can help.
We can help you with as much or as little advice and assistance as you need with tailored packages or individual services giving you flexibility to chose all the assistance you need when you need it. You’ll also have the benefit of access to our innovative client portal, giving everything you need at your fingertips.
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