2 July 2019

Who needs a UK returning resident visa?

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You will need a Returning Resident visa to return to live in the United Kingdom if you were previously granted indefinite leave to enter or remain and you’ve been away for more than 2 years.

If the applicant has been away from the UK for a period of more than 2 years, the applicant should apply for a Returning Resident visa. The applicant can also apply for a Returning Resident visa if he has been away for a period of less than 2 years.

Respectively, entry to the UK might be refused if the requirements of the Immigration Rules are not met.

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

The applicant will be admitted to the UK for settlement as a returning resident if the Immigration Officer on arrival is satisfied that the applicant:

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

If the applicant believes that the Immigration Officer may have concerns in relation to the applicant’s ability to satisfy any of the set requirements, then it is advisable that the applicant must consider applying for a Returning Resident visa before travelling.

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

If the applicant has been absent from the UK for over two years, then he should apply for a Returning Resident visa before travelling to the UK. The following will be needed to satisfy the UK Visas and Immigration that the returning resident:

  • – Had indefinite leave to remain in the UK when he last left;
  • – Did not receive assistance from public funds towards the cost of leaving the UK;
  • – Now seeks readmission for the purposes of settlement; and
  • – There are good reasons for you to be admitted as a returning resident (string ties in the UK).

Application for Returning Resident visa is made online. The applicant will need to confirm availability at the Embassy where he intends to submit the application.

As part of the application, documentary evidence will be needed in support of the information provided. This includes but not limited to:

  • – a current passport or other valid travel identification;
  • – previous passports;
  • – a passport-sized colour photograph; and
  • – documents that prove you have ties to the UK, for example proof you’ve earned income, or rented or owned property, in the UK.

There is an application fee and the applicant will have to attend a visa application centre to provide biometric information i.e. fingerprints and photograph.

The applicant’s dependants (partner and children under 18) need to apply separately for a Returning Resident visa.

For further details and assistance, please feel free to contact us.

Disclaimer:

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.

About the Author

Qazi Muhammad Atif Ali View author's profile | More posts from author

+44 (0) 7564192215

q.ali@connaughtlaw.com

Qazi is a lawyer specialising in advice, representation and advocacy in all areas of immigration, asylum, nationality, deportation, detention, EU free movement and human rights law. He has been passionate about having a career as a lawyer since a young age and started working in the field of law before graduating.

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