years, you may apply for Indefinite Leave to Enter (ILE) as a returning
resident. According to UK law, specifically paragraph 20 of the Immigration Rules and Article 13 of the
Immigration (Leave to Enter and Remain) Order 2000 (LTERO), a person automatically loses their ILR
after an absence of over two years. To regain entry, you must apply for entry clearance as a returning
resident, with your case evaluated by Entry Clearance Officers under paragraph 19 of the Rules. If you
have dependents such as a partner or children, they must apply separately for a Returning Resident visa
if they qualify.
Please note that individuals who lose their settled status under the EU Settlement Scheme are not
eligible to apply for a Returning Resident visa.
Free Immigration Advice for ILE as a Returning Resident
Our team of specialist immigration solicitors offers complimentary online advice for those seeking to
apply for Indefinite Leave to Enter (ILE) as a returning resident. You can ask questions online or book an
appointment for in-depth advice and consultation regarding your ILE application.
Expert Immigration Solicitors for Returning Resident Visa UK
Our experienced team of immigration solicitors can provide professional advice and legal representation
on a fixed-fee basis for your application for Indefinite Leave to Enter (ILE) as a returning resident. With
extensive experience in handling returning resident visa applications, our solicitors are well-equipped to
assist you.
Eligibility Criteria for Returning Resident Visa UK
To be eligible for Indefinite Leave to Enter (ILE) as a returning resident, you must meet the following
conditions:
1- Submit a valid entry clearance application for Indefinite Leave to Enter (ILE) as a returning
resident.
2- Previously held Indefinite Leave to Remain (ILR) in the UK, which became invalid due to an
absence of two or more consecutive years.
3- Not have received financial assistance from the Home Office when you left the UK with ILR.
4- Demonstrate strong ties to the UK, such as having lived there most of your life or having family
members who reside in the UK.
5- Provide an explanation of your current circumstances and reasons for living outside the UK.
When evaluating your application for a returning resident visa, the Entry Clearance Officer (ECO) may
consider several factors, including:
1- The strength and nature of your ties to the UK, and how well those ties have been maintained
during your absence.
2- The length of your original residence in the UK.
3- The duration of your absence from the UK.
4- The circumstances under which you left the UK and why you remained abroad.
5- Your reasons for wanting to return.
6- Whether you intend to continue living in the UK if readmitted.
7- Any other compelling or compassionate reasons.
The strength of a person’s ties to the UK can be demonstrated in various ways, including family,
property, or business connections. The nature of these ties and the extent to which they have been
maintained during your absence will be crucial in determining whether you should be readmitted as a
returning resident. Family ties, in particular, are significant, especially if they have been consistently
maintained. Immediate family members like parents, spouses, partners, children, or grandchildren
typically indicate strong ties, though relationships with extended family members may also be
considered if those relationships have been actively maintained.
The type and frequency of contact with family members in the UK will also be taken into account.
Regular visits or communication through other means can demonstrate strong ties, even if the contact
wasn't physical.
Property and Business Connections
In addition to family ties, connections to the UK may also be demonstrated through property ownership
or business interests. For instance, if you own property or are involved in a business venture in the UK,
this can support your case. However, relying solely on property or business connections is generally
insufficient to establish strong ties to the UK; these factors are more compelling when combined with
other forms of attachment.
Duration of Original Residence
The length of time you originally lived in the UK can play a significant role in demonstrating strong ties to
the country. Typically, the longer your initial residence, the more likely it is that you have developed
substantial ties to the UK, which may support your application as a returning resident. However, the
Entry Clearance Officer (ECO) should consider this factor alongside other relevant aspects. A shorter
period of original residence should not automatically result in a refusal if other evidence suggests strong
connections to the UK.
Time Spent Outside the UK
The duration of your absence from the UK is another critical factor in determining whether you can be
re-admitted as a returning resident. This should be weighed alongside other considerations, including
the time you spent in the UK before your departure.
For some applicants, travel restrictions due to the COVID-19 pandemic in 2020 and 2021 may have prevented them from returning to the UK, leading to the lapse of their indefinite leave. In such cases, the ECO should consider whether these restrictions contributed to unintended absences. If it is determined that an applicant intended to return to the UK before their leave expired but was hindered by the travel restrictions, this should be factored into the decision-making process as a point in favor of granting entry clearance.
There are various reasons why someone might leave the UK, including:
1- Seeking medical treatment abroad
2- Caring for family members
3- Retiring
4- Employment or self-employment opportunities
5- Pursuing studies
In some instances, these reasons may result in an absence from the UK for more than two years, causing
their indefinite leave to lapse. The decision-maker must take into account the reasons for both leaving
and wishing to return. For example, someone who left the UK to care for a family member may now
wish to return to retire.
Certain other specific circumstances may support your application, such as:
1- Working abroad for an employer before returning to the UK with the same employer
2- Serving overseas for the UK Government, or as a dependent of a member of the Armed Forces,
or as an employee of a British company, a quasi-governmental body, or a United Nations
organization
3- Employment abroad in public service for a country that maintains good relations with the UK,
where permanent settlement in that country is not reasonable
4- Extended study abroad with the intent to rejoin family in the UK upon completion
5- Prolonged medical treatment abroad that is not available in the UK
6- Unintended absences from the UK due to the COVID-19 pandemic
Our team of expert immigration solicitors can provide you with professional advice and legal
representation for your Indefinite Leave to Enter (ILE) application as a returning resident. We offer our
services on a fixed-fee basis, which covers all aspects of your application until a decision is reached by
the Entry Clearance Officer (ECO). The services we provide include:
1- Guidance on Requirements: We will inform you of the necessary criteria that need to be met for
your application to succeed.
2- Document Assistance: Our immigration lawyers will provide a detailed list of required
documents and assess them to ensure compliance with the Immigration Rules.
3- Form Completion: We will complete the necessary application forms for your entry clearance.
4- Priority Service Application: Where applicable, we will submit your application via Priority
Service to expedite the decision process.
5- Appointment Scheduling: After submitting your application online, we will schedule your
appointment at the application center for biometric enrollment.
6- Cover Letter Preparation: Our solicitors will draft a comprehensive cover letter supporting your
application, demonstrating that all legal requirements have been met.
7- Document Upload: We will upload all supporting documents online before your biometric
appointment.
8- Follow-Up: We will handle all follow-up work until a decision is made on your application.
Our fixed fee for handling your Indefinite Leave to Enter (ILE) application as a returning resident ranges from £1,500 to £3,000 (excluding VAT). The exact fee depends on the complexity of your case and the amount of work involved. Please note that this fee does not include disbursements such as the UKVI application fee, which must be paid separately.
o Your ILR remains valid if you are absent from the UK for less than two consecutive years. When returning to the UK, you should present the stamp, vignette, or biometric residence permit (BRP) that originally granted you ILR. If it is in an old passport, carry both your old and new passports when you travel.
o You can apply online for a Returning Resident visa.
o Required documents may include:
1- Evidence of previously holding ILR in the UK
2- Details of any family in the UK and correspondence with them to establish
strong ties
3- Evidence of property or business interests in the UK
4- Letters of enrollment or attendance at an educational institution if you studied
abroad
5- Employment letters if your absence was due to work
6- A letter from a medical professional if your absence was for caregiving or
medical reasons
This list is not exhaustive, and additional documents may be required depending on your specific
circumstances.
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