RETURNING RESIDENT
If you previously held a document called 'Indefinite Leave to Remain' and you left the UK for two years or longer or you lost your document, you will need to apply under 'Returning Resident'.
This page will cover the eligibility you will need to meet and what you should do if you been away from the UK for more that two years
We will also cover family members, if you are part of the UK armed forces, under diplomatic service, a UK-based British Council employee, Home Office employee or DFID employee
Below we have covered essential information to guide you and if you require further information, complete the form below and request a callback or ask us a question
Request an email response or book your 30 minute telephone free consultation and see if we can help you
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2 Year UK Absence
Immigration Rules HC 351, paragraphs 18 and 19, what do they actually mean?
If you have been out of the UK for two years or more, you have to demonstrate why unless you fall under one of these categories:
- a permanent member of the Diplomatic Service
- a UK-based British Council employee who works outside the UK
- a Department for International Development (DFID) employee
- a Home Office employee
Para 18 - An individual seeking leave to enter the UK as a returning resident may be admitted for settlement provided the Immigration Officer is satisfied that the individual applying concerned:
- had indefinite leave to enter or remain in the UK when he/she last left; and
- has not been away from the UK for more than 2 years; and
- did not receive assistance from public funds towards the cost of leaving the UK;
and
- now seeks admission for the purpose of settlement.
To prove why you were out of the UK for two years of more can be very complex, but not impossible if you can show exceptional circumstances and this will include evidence of how long you lived in the UK, provide evidence of UK employment, paying taxes, studying, UK residence such as GP/Dentist appointments, hospital visits/operations, basically legal documents to show you were 'present' in the UK. Just to say I own a home, does not mean you lived in the UK during that period.
If you cannot prove the above, you maybe required to apply for a new entry visa to enter the UK.
2 Year UK Exemption Rule
When am I exempt from the over two (2) year rule?
As stated above, if you fall under either a permanent member of the Diplomatic Service or, a UK-based British Council employee who works outside the UK, or a Department for International Development (DFID) employee, or a Home Office employee, you would not lose your indefinite leave to remain and this includes family members.
The person applying and any family members will not lose their settlement status but they must be either British citizen or under settled status.
If you need to apply again, you must all apply independently and each application will be treated uniquely so some family members can be refused and others approved.
Family Members
Can my family members apply with me when I apply?
Yes family members can apply to join you in the UK.
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Each family member must apply separately from you and their visa application will be decided on its own merit.
Family members are generally any of the following:
- Wife or husband
- Fiancée or Fiancé
- Unmarried partner (this is a more complex application)
- Biological children aged 0-17 years of age
- Adopted children
- Adults needing special care (this is a more complex application).
If we processed a family application, we prepare a visa support letter linking all family members and cover any exceptional or special reasons.
The key with a family application is 'linking' all family members together.
Eligibility Requirements
What are the eligibility requirements to apply as a returning residence?
When the Home Office evaluates your application, and any family applications, you have to demonstrate and confirm the following:
- When you came to the UK, lived in the UK permanently and
- were previously under a settlement visa when you left the UK and it was valid and
- you did not accept any public funds to help you leave the UK.
Depending on your unique circumstances, you might have to provide other evidence.
Need a New UK Visa
If you do not meet the criteria as a returning residence and you want to live, study or work in the UK, you will need to either apply under the immigration rules for an entry visa or apply under the EEA route if applicable to you.
If you are unsure, you can contact us for free and we will guide you if their is a visa route open to you or whether you fall under the EEA route.
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