This category is open to foreign citizens who are presently outside of the UK that have been granted indefinite leave to remain previously. They may be able to apply to return to for settlement as a returning resident.
The requirements will vary depending upon whether you have been away from the UK for more, or less than, 2 years. There is no guarantee and entry can be refused if the requirements of the Immigration Rules are not satisfied.
You should apply for a Returning Resident visa before travelling if you have been away from the UK for more than 2 years.
You may apply for a Returning Resident visa if you have been away from the UK for less than 2 years.
To apply under the Returning Resident category you must show:
Absent Less than 2 years:
On arrival you may be granted entry for settlement as a returning resident if you can demonstrate to an Immigration Officer that you:
- Have not been away from the UK for more than 2 years; and
- Had indefinite leave to remain before you left the UK; and
- Self-financed the cost of leaving the UK; and
- Are now seeking admission in order to settle.
If you think that you may not be able to prove any of this to an Immigration Officer, you might want to consider applying for a Returning Resident visa before you travel.
Absent More than 2 years:
To apply for a Returning Resident visa before travelling to the UK, you must show that you:
- Had indefinite leave to remain before you left the UK; and
- Self-financed the cost of leaving the UK; and
- Are now seeking admission in order to settle; and
- Show good reasons why you should be admitted as a returning resident.
Additional Factors Relevant to the Returning Resident visa?
“Good reasons" can include:
- If you have lived in the UK for the majority of your life;
- Have strong family ties in the UK;
- Previous visits to the UK may help depending on the circumstances of those visits.
Appeal:
You have a right of appeal against any decision refusing your application if you raised a human rights claim as part of your application.
Alternative Options:
If 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.
You have a right of appeal against any decision refusing your application if you raised a human rights claim as part of your application.
How can AIB help?
AiB frequently advise and assist returning resident foreign nationals to settle in the UK and on the basis of 10 years long residence related settlement.
We can advise you on prospects of success, what you will need to meet the requirements of the Immigration Rules, and can prepare your application so you avoid common mistakes which can result in delays and refusals.
AiB provide expert independent assessment of the prospects of qualifying for settlement and a professional preparation service for applications for indefinite leave to remain.
We are approachable, responsive and proactive; taking pride in our commitment to meet the needs of our clients by providing sincere, clear, and reliable immigration advice.
Other Ways we can help:
We can also advise you on the following related issues:
- Applying for ILR on the basis of 10 year long residence;
- Make a Subject Access Request to the Home Office;
- A new Returning Resident application.