UK Returning Resident Visa – Restoring Lapsed Settlement

The UK Returning Resident Visa is also known as indefinite leave to remain (ILR) application and this is a process for the indefinite leave to remain to be re-instated, following a period of absence.

Individuals who previously held Indefinite Leave to Remain (ILR) or Indefinite Leave to Enter (ILE) may discover that their settlement status has lapsed after spending a prolonged period outside the United Kingdom.

For individuals wishing to return and establish their permanent home in the UK, Appendix Returning Resident provides a route through which eligible former residents may regain settlement.

Usually, less than 2 years absence will not revoke your ILR, as long as you intend to relocate and settle. However those with more than 2 years of absence will need to satisfy further requirements.

If you travel to the UK without being issued a returning residency visa, you may be allowed entry, depending on your personal circumstances. However you can be refused at the border and granted temporary leave, with a possible right to appeal against the decision. If there are no right to appeal generated or a right to do an administrative review, you will have the opportunity to challenge the decision through other legal remedies. 

What Is a UK Returning Resident Visa?

The Returning Resident Visa is an immigration route for individuals who previously held indefinite permission to live in the United Kingdom but whose settlement has subsequently lapsed. The route is governed by Appendix Returning Resident of the Immigration Rules.

It allows qualifying applicants to return to the UK for the purpose of settlement, rather than entering on a temporary immigration visa. An applicant must demonstrate that they previously held settlement, that this status has lapsed under the applicable legal provisions and that they meet the relevant requirements for returning to live permanently in the UK.

Where the application succeeds, the applicant is granted entry clearance for settlement. A Returning Resident application is therefore different from an initial application for Indefinite Leave to Remain.

Returning Residents and EU Settlement Scheme Status

Individuals granted settled status under the EU Settlement Scheme are subject to different absence provisions from those holding ordinary ILR. For most EUSS settled-status holders, settlement may lapse after more than five continuous years outside the UK and Islands.

For Swiss nationals and their qualifying family members with EUSS settled status, the relevant period is more than four continuous years. Where settled status has lapsed, Appendix Returning Resident may provide a route back to settlement if the applicant satisfies the requirements.

The legal position should be distinguished from that of individuals holding pre-settled status, which is temporary immigration permission and is subject to separate provisions. ICS Legal can assess the immigration position of individuals returning after prolonged overseas residence.

Returning Residents and Overseas Military or Crown Service

Certain overseas service arrangements are protected by exceptions to the normal rules concerning the lapsing of settlement. These can include qualifying circumstances involving members of HM Armed Forces and Crown Servants, including accompanying family members covered by the relevant provisions.

The application of these exceptions depends on the precise circumstances and statutory requirements. Individuals should not assume that their settlement has lapsed merely because they have spent several years overseas in connection with qualifying service.

ICS Legal provides immigration advice where overseas military or government service may affect settlement status.

Taking advice on the UK Resident Visa

This provision allows someone who was a resident in the United Kingdom and who have left the UK and wants to come and live here permanently. A resident is someone who has been given permission to stay in the United Kingdom without time limit. 

Those who have been absent less than 2 years, will have their application considered under paragraph 18 of the immigration rules. You will need to demonstrate that there is full intention to come and settle in the UK. Reasons of your absence may be asked but this does not need to be documented. There are still a risk of refusal depending on your periods of residency in the UK, previous immigration stay or if you have a criminal or civil conviction.

You don’t need a visa if you have your original documentation confirming your settled status and you’ve been away for less than 2 years. You may still need to apply for a visa if you’ve been asked to confirm you can travel to the UK, for example by the airline you’re travelling with. UK returning resident who wishes to return to the UK must plan to return to live in the UK permanently, have been settled in the UK before you last left and not have been given public funds to help you leave the UK.

Now moving to those who have been absent for more than 2 years from the UK, you will automatically lose your indefinite leave to remain stay and this is set out under Article 13 of the Immigration (Leave to Enter and Remain) Order 2000 (LTERO). Nonetheless, you can apply to have your indefinite leave to remain reinstated but this would depend on your circumstances. If this is refused, you may have a right to appeal against the decision.  

Some of the grounds you will need to raise as part of your immigration application are as follows:

1. Your strong family ties to the UK, including partner, children however this is not limited depending on your ties to the UK. Article 8 ECHR protects your right to family and private life, however Home Office has a right to interfere with that right if this is proportionate. 

2. You may have property ties or business ties to the UK, which may be considered by the Home Office. 

3. You may have lived in the UK majority of your life and can provide evidences to confirm this. 

4. Your current circumstances and why you’ve lived outside the UK. Evidences will be required. 

You won’t lose your indefinite leave to remain after 2 years outside the UK if your spouse or partner is a member of the UK armed forces and you’ve joined them on an overseas posting. You also won’t lose it if your spouse or partner is a British citizen or settled in the UK and one of the following:

1. A permanent member of the Diplomatic Service. 

2. A UK-based British Council employee who works outside the UK. 

3. A Department for International Development (DFID) employee. 

4. A Home Office employee.

How to apply for the UK Resident Visa

The visa application is applied online; this is whether you are in the UK or outside of the UK. Once you have completed your UK Resident Visa, you will be able to pay for the visa fees and book the visa appointment. As part of the submission, you will need to submit your legal representation and also the evidences to support your UK Resident application. 

The decision on a settlement based application can take around 3 months however you can apply for a fast track service and pay the additional costs at the time of applying for your UK Resident Visa. 

Refusal of your UK Resident Visa

Where you do not meet the requirements of paragraph 19 of the Immigration Rules, the Home Office can refuse your visa, however depending on what grounds you have raised, you may have an appeal rights under human rights grounds or right to complete an administrative review. 

The decision letter will outline in detail the grounds of refusal. For example, if forged documents were used as supporting evidence for your immigration application in this category, the Home Office will refuse the application on both general grounds 320(7A): deception and failure to supply required documents for the specific category. 

How ICS Legal can assist

Our Legal Team provides professional immigration services to individuals seeking to return to the United Kingdom after their settlement has lapsed.

Our work includes:

• Settlement status assessments: Reviewing previous ILR, ILE or EUSS settled status.

• Absence history reviews: Considering whether settlement has lapsed under the applicable provisions.

• Returning Resident eligibility advice: Assessing the relevant Immigration Rules.

• Strong ties assessments: Reviewing the applicant's continuing connections with the United Kingdom.

• Application preparation: Assisting with the application and supporting representations.

• Complex immigration matters: Advising on historic immigration issues, family circumstances and previous refusals.

• Administrative Review: Assessing refused applications and available challenge procedures.

We provide tailored legal assistance based on each client's circumstances and the complexity of the matter.

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