If you’re not presently within the UK borders and do not possess UK citizenship but had been previously granted indefinite permission to stay in the UK, you might qualify to re-enter the UK with the intention of settling under the provisions of a Returning Resident Visa.

Essential Criteria for the Returning Resident Visa

The criteria you must meet to re-enter the UK as a returning resident hinge on the duration of your absence from the UK – specifically, whether it’s been more than 2 years or less.

If your absence from the UK spans beyond 2 years, it’s imperative to secure a Returning Resident Visa prior to your journey. Should your absence be under 2 years, applying for this visa remains an option. However, do be aware that entry could be denied if the stipulated Immigration Rules aren’t met.

Criteria for Re-Entry – Absence Less Than 2 Years

To qualify for settlement as a returning resident, the Immigration Officer must ascertain that:

• You had an indefinite stay permit when you last departed the UK.
• Your absence from the UK hasn’t exceeded 2 years.
• You didn’t utilise public funds to facilitate your departure from the UK.
• Your intention is to settle permanently in the UK.

Should there be potential doubts about your compliance with the aforementioned criteria, it might be prudent to secure a Returning Resident Visa before setting off.

Criteria for Re-Entry – Absence Exceeding 2 Years

For individuals absent from the UK for over two consecutive years, procuring a Returning Resident Visa before embarking on your journey is crucial. The UK Visas and Immigration department would expect you to demonstrate:

• Your last UK departure was under indefinite stay.
• No public funds assisted your UK departure.
• Your objective is re-entry with the intention of permanent settlement.
• You have formidable connections to the UK.
• The UK is your desired permanent abode.

Further Insights on the Returning Resident Visa

Substantial familial connections in the UK or an extensive history of residing in the UK could bolster your case for re-entry as a returning resident. Nonetheless, there are other avenues to illustrate your robust connection to the UK and your aspiration for it to be your lasting home. Our team of expert immigration solicitors at Highwood Solicitors can provide additional guidance.

If, post your indefinite stay approval, your absence from the UK stretches beyond two consecutive years (meaning your ILR is now void), yet you’ve re-entered the UK as a tourist, you might still be eligible for the Returning Resident Visa, provided there’s no intervening immigration permission between your ILR becoming void and your tourist status approval.

Should you fall short of the Returning Resident requirements, yet have legally stayed in the UK for an uninterrupted decade, alternate entry methods may be available, possibly followed by a Long Residence application.

If, unfortunately, your application faces rejection, rest assured that an appeal right is reserved, especially if your application contained a human rights claim.

Need Assistance with the Returning Resident Visa? Highwood Solicitors are Here to Help

At Highwood Solicitors, our adept immigration solicitors consistently assist non-UK nationals, previously holding indefinite leave, in their pursuit to settle as returning residents in the UK.

Whether it’s expert guidance on Returning Resident Visa criteria, an impartial evaluation of your qualifications, adept handling of your Returning Resident Visa application, or professional aid for an appeal, our solicitors stand ready to assist.

At Highwood Solicitors, our ethos revolves around comprehending and addressing our clients’ needs. We’re a passionately committed team, pledging to deliver lucid and dependable immigration counsel as an integral aspect of our courteous and expert service. Please contact us at +44 (0) 1206523714 if you have any questions.