Returning Resident Visa Application

Returning Resident Visa Application

If you were previously settled in the UK, meaning you were granted Indefinite Leave to Enter (ILE) or Indefinite Leave to Remain (ILR), and you wish to return to the UK after an extended stay abroad, you will need to apply for a Returning Resident Visa. This visa is essential for re-establishing your permanent residence status in the UK if you have been away for more than 2 years.

If you have been away for less than 2 years, you may still face challenges in proving your settled status if you have lost or misplaced your documentation. In such cases, you may need to apply for a replacement visa. However, this document would be necessary to restore your right to live in the UK permanently.

When Do You Need a Returning Resident Visa?

A Returning Resident Visa is required if:

1.You have been away from the UK for more than 2 years: If you were previously settled in the UK and left the country for more than 2 years, you will need to apply for this visa to return. Your Indefinite Leave to Remain (ILR) is likely to expire after this period, so the Returning Resident Visa ensures that you can re-enter the UK as a permanent resident.

2.You were settled in the UK before you left: You must have been granted Indefinite Leave to Enter (ILE) or Indefinite Leave to Remain (ILR) before leaving the UK to qualify for the Returning Resident Visa.

3.You have lost your documentation: If you’ve been away for less than 2 years but lost your ILR documentation, you may still be able to apply for a visa to return, provided you can prove that you were settled in the UK before leaving.

Key Requirements for a Returning Resident Visa

To qualify for a Returning Resident Visa, you must demonstrate the following:

1.Intention to return permanently to the UK: The visa is only for individuals who intend to return to the UK to live permanently. Temporary visits or short stays do not qualify for this visa type.

2.Proof of settled status: You must show that you were previously settled in the UK. This can be done by providing proof of your Indefinite Leave to Enter (ILE) or Indefinite Leave to Remain (ILR) status when you left.

3.No public funds used to leave the UK: You must not have been given public funds or assistance from the UK government to help you leave the UK.

Additional Documentation if You Have Been Away for Over 2 Years

If you have been outside the UK for more than 2 years, you must submit additional evidence to prove your connection to the UK and explain your absence. This could include:

1.Proof of strong ties to the UK: You need to provide evidence of ongoing relationships with the UK, such as family connections, business interests, property ownership, or other ties that demonstrate you still consider the UK as your home.

2.Explanation of your circumstances: You must provide a clear explanation of why you were living outside the UK. This could include employment abroad, family responsibilities, education, or other personal reasons. The Home Office will assess these reasons to determine if your long-term absence is acceptable under the Returning Resident Visa rules.

Special Circumstances Where You Won’t Lose ILR Status After 2 Years

While the general rule is that you lose your Indefinite Leave to Remain (ILR) status after being away from the UK for more than 2 years, there are specific exceptions. You will not lose your ILR if:

1.Your spouse or partner is a member of the UK Armed Forces: If your spouse or partner is part of the UK Armed Forces and you have joined them on an overseas posting, your ILR status will not be affected, even if you have been away for more than 2 years.

2.Your spouse or partner is employed in certain UK-based roles: If your spouse or partner is a British citizen or settled in the UK, and they work in one of the following capacities:

•A permanent member of the Diplomatic Service

•A UK-based British Council employee working outside the UK

•An employee of the Department for International Development (DFID)

•An employee of the Home Office

In these cases, your ILR will not be revoked, even if you have been living abroad for over 2 years due to your partner’s work commitments.

Dependants and the Returning Resident Visa

If you have dependants (such as a partner or children under 18) who will also be returning with you, they will need to apply for their own Returning Resident Visa. Each dependant must meet the eligibility criteria individually, and they must provide relevant documentation to prove their entitlement to return with you.

How to Apply for a Returning Resident Visa

The application process for a Returning Resident Visa involves the following steps:

1.Complete the Online Application: You must submit an online application for the Returning Resident Visa. The application form will require you to provide personal details, your immigration history, and your reason for your absence from the UK.

2.Provide Supporting Documents: Along with your application, you must provide supporting documentation, including:

•Proof of your settled status in the UK (e.g., previous Indefinite Leave to Remain (ILR) or Indefinite Leave to Enter (ILE) documentation).

•Evidence of your strong ties to the UK, such as property ownership, family connections, or financial links.

•Explanation of the reasons for your extended absence from the UK, such as work, study, or family commitments abroad.

3.Provide Biometric Information: As part of your application, you will need to submit biometric data, including fingerprints and photographs, which will be used for your visa documentation.

4.Processing Time: The processing time for a Returning Resident Visa typically takes several weeks, so it’s important to apply well in advance of your planned travel date. The Home Office may request additional documents or information, which could delay the processing.

Why You Need Legal Assistance

Applying for a Returning Resident Visa can be a complex process, particularly if you’ve been away from the UK for a long time or if you have lost your documentation. Working with an experienced immigration lawyer can help ensure that your application is processed smoothly and that you meet all the necessary criteria.

Our immigration lawyers can assist you with:

•Eligibility assessments: We will evaluate your specific circumstances to ensure you qualify for a Returning Resident Visa.

•Document preparation: We will help you gather the necessary documents and ensure they meet the Home Office’s requirements.

•Guidance on your absence: We can assist you in providing the right explanation for your time outside the UK and in proving your strong ties to the country.

•Streamlining the process: We will handle the application and submission process on your behalf, ensuring that all forms are completed accurately and submitted in a timely manner.

Contact Us Today

If you are planning to return to the UK after being away for more than 2 years and need help applying for a Returning Resident Visa, contact us today. Our team of expert immigration lawyers will guide you through every step of the application process, ensuring that your return to the UK is seamless and legally secure. Let us help you resume your permanent residence in the UK with confidence.