If you are a non-UK citizen who is not presently residing in the UK but has previously been granted indefinite permission to stay in the UK, you may be eligible to apply for a returning resident visa to return to the UK for settlement.
The requirements for obtaining a Returning Resident visa are as follows:
Depending on whether you have been gone from the UK for more than 2 years or less, you will need to meet different conditions in order to be allowed to the UK for settlement as a returning resident.
Before travelling, you should apply for a Returning Resident visa if you have been away from the UK for more than two years. If you have been abroad for less than two years, you can apply for a Returning Resident visa. If the conditions of the Immigration Rules are not met in each case, entrance to the UK may be denied.
For entrance as a Returning Resident, you must have been away from the UK for less than two years.
If the Immigration Officer on arrival determines that you meet the following criteria, you may be accepted to the UK for settlement as a returning resident.
• When you last left the UK, you had indefinite leave to remain; and
• Have not spent more than two years outside of the UK; and
• Did not get public money to help with the expense of leaving the UK; and
• Now seek admission for the purpose of settlement.
If you believe the Immigration Officer may have reservations about your capacity to meet any of the following conditions, you should apply for a Returning Resident visa before departing.
Requirements for entry as a Returning Resident: absent from the UK for more than 2 years
If you have been away from the UK for more than two years, you must apply for a Returning Resident visa before visiting. You must demonstrate to UK Visas and Immigration that you:
• When you last departed, you had indefinite leave to reside in the UK; and
• Did not get public money to help with the expense of leaving the UK; and
• Now apply for readmission for the intention of settling; and
• There are compelling reasons why you should be allowed as a returning resident.
Is there anything more I should know about the Returning Resident visa?
You may be approved as a returning resident if you have strong familial links to the UK or have lived in the UK for the most of your life. However, there might be other compelling reasons.
Interrupted trips to the UK may be beneficial, but depending on the time and circumstances of the visits, they may also be detrimental to an application for a returning residence visa.
If you are unable to fulfil the conditions to enter the UK as a returning resident but have previously spent a continuous period of ten years lawfully in the UK, you may be allowed to enter on a different basis and later apply for Long Residence.
If your application is denied, you will have the right to appeal the decision if you have made a human rights claim as part of your application.
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