A Guide to Returning to the UK on a Returning Resident Visa When you Have Indefinite Leave to Remain
If you have indefinite leave to remain but you leave the UK for more than 2 years then you will need a returning resident visa to be able to come back to the UK. In this guide to the returning resident visa, our immigration solicitors look at applying for a returning resident visa.
UK Online and London Based Immigration Solicitors and Indefinite Leave to Remain Lawyers
For advice on indefinite leave to remain and returning resident visas call the expert London immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.
Indefinite leave to remain and the need for a returning resident visa
Although you may have secured indefinite leave to remain and thought you were free of immigration control forever, the UK immigration rules say that if you leave the UK for 2 or more years you need a returning resident visa.
Indefinite leave to remain and absent from the UK for less than 2 years
If you hold indefinite leave to remain and you have been away from the UK for less than 2 years then technically you don’t need a returning resident visa but indefinite leave to remain solicitors recommend that if you have been absent from the UK for some time that you prepare for your return to minimise the risk of problems with border officials when trying to re-enter the UK.
That preparation involves:
- Having evidence of your indefinite leave to remain status – that can normally be found in your passport or biometric residence permit
- Evidence of your address in the UK showing that the UK is your permanent home. You don’t need to own the property in the UK – it could belong to a family member. If you have been absent from the UK for nearly 2 years, perhaps because of a work secondment, it can be helpful to have evidence of your work commitment to explain why you do not own or rent accommodation in the UK
- Length of absence evidence to show you have been absent for less than 2 years. This should be on your records but it can be best to know where to find the information if it is alleged that you left the UK over 2 years ago
If you are a bit worried about your return to the UK because of the length of your absence, your home circumstances, or other reasons, then it is best to speak to indefinite leave to remain lawyers before you travel.
Indefinite leave to remain solicitors advise that technically a Home Office official can refuse entry if you have indefinite leave to remain and you are returning to the UK within the 2-year timeframe. The Home Office can cancel your indefinite leave to remain if they conclude that you are not coming to the UK to settle on your current trip and that you don’t plan to do so in the future. You can apply to the Home Office for an administrative review of the decision to refuse entry clearance.
Indefinite leave to remain and absent from the UK for more than 2 years
If you are out of the UK for more than 2 years, you automatically lose your indefinite leave status. That means you can't re-enter the UK without a returning resident visa unless you fall within an exception under the immigration rules. If you are not sure if your absence falls within an exception, call our immigration solicitors on 0203 959 9123 for advice on your position and your best options.
Indefinite leave to remain and the returning resident visa
If you have indefinite leave to remain but you have been absent from the UK for more than 2 consecutive years you may need to get a returning resident visa. To obtain a visa you will need to be able to show a strong tie to the UK and demonstrate an intention to make the UK your home.
The immigration rules set out the factors considered by a Home Office official when deciding on a returning resident visa application. They include:
- The nature and strength of your ties to the UK and if the ties have been maintained during your absence from the UK
- The length of your absence from the UK and the time you spent in the UK before you left the UK
- The reasons for your absence from the UK and for wanting to return
- Whether you plan to stay in the UK if you get a returning resident visa
- Any other compelling or compassionate factors
Whilst there is no set evidence that you need to provide for a returning resident visa application it is best to be prepared. Accordingly, if you have been away from the UK with work commitments or to look after family it can be advisable to send the evidence to prove this. Likewise, if you are returning for a compelling reason, it is good to have evidence of this. For example, a letter from your employer if you are returning to the UK after a work secondment.
If the Home Office refuses your returning resident visa, then you will be able to ask for an administrative review of the decision. However, indefinite leave to remain solicitors recommend that you provide your best evidence in support of your returning resident visa to reduce the risk and delay of having your returning resident visa application refused.
British citizenship and absence from the UK for more than 2 years
If you have indefinite leave to remain and you are planning a long absence, for example for a work secondment or to look after a family member overseas, then you may want to consider a British citizenship application. There are no immigration restrictions if you have British citizenship, even if you leave the UK for more than 2 years. For more information on British citizenship applications and eligibility criteria call our immigration solicitors on 0203 959 9123.
Online and London Based Immigration Solicitors and Indefinite Leave to Remain Lawyers
For advice on indefinite leave to remain and returning resident visas call the expert London immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.