Requirements for Returning Resident Visa

The requirements that you will need to satisfy in order to be admitted to the UK for settlement as a returning resident will vary depending upon whether you have been away from the UK for more, or less than, 2 years.

If you have been outside the UK for more than 2 years, you should apply for a Returning Resident visa before travelling. You may also apply for a Returning Resident visa if you have been absent for less than 2 years. In each case, entry to the UK may be refused if the requirements of the Immigration Rules are not satisfied.

You may be admitted to the UK for settlement as a returning resident if the Immigration Officer on arrival is satisfied that you:

• Had indefinite leave to remain in the UK when you last left the UK; and

• Have 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 seek admission for the purpose of settlement.

If you consider that the Immigration Officer may have concerns in relation to your ability to satisfy any of the above requirements then you should consider applying for a Returning Resident visa before you travel.

If you have been absent from the UK for over two years then you should apply for a Returning Resident visa before travelling to the UK. You will need to satisfy UK Visas and Immigration that you:

• Had indefinite leave to remain in the UK when you last left; and

• Did not receive assistance from public funds towards the cost of leaving the UK; and

• Now seek readmission for the purpose of settlement; and

• There are good reasons for you to be admitted as a returning resident.

Other Requirements

Strength of ties to the UK

Returning Resident visa application is the visa on which the discretion of the immigration officials is exercised. The Home Office policy guidance on how to exercise discretion issued by the Home Office indicates the nature of the relationship with the UK (i.e. family, property or business relationship) and the extent to which it has been maintained while the applicant is not in the UK.

The strength of the family connection is given priority over whether the applicant has a family in the UK.

For example, family members, such as parents, spouses, partners, children or grandchildren, are settling in the UK and the greater the strength of those ties they have, the more they will be considered. However, relationships with wider family members, such as cousins and nephews, can also be considered if such ties have been closely maintained.

The guidance does not require direct family contact and “ties on the basis of property or business interests alone are unlikely to demonstrate strong ties to the UK, but can be used in conjunction with other factors to satisfy this.”

Length of original residence in the UK

The applicant's length of stay abroad and length of original residence must be considered together with all other relevant factors.

The longer a person has remained outside the UK (over 2 years), the more difficult it will be for them to qualify for admission under this provision. In common sense, the longer a person has been away from the UK the more difficult it will be to argue that “strong ties” have been maintained.

Reason for leaving and wishing to return

The reasons for going abroad for a long time are to access health treatment, to take care of family, for employment, and to study. The immigration officials will consider both the reason to stay abroad and the reason to return.

Therefore, it is important to prepare evidence particularly a compassionate and compelling reason such as caring for a close relative diagnosed with a terminal illness, or for reasons beyond the applicant’s control such as being posted aboard by an employer — would support the contention that the applicant has maintained strong ties to the UK and intends to live here permanently. 

You may be able to enter the UK as a visitor. However, depending on the timing and circumstances of your visit, it will undermine an application for a returning resident.

If the application is refused, you can seek an administrative review of the decision. The possibility of an appeal to the immigration law is not mentioned. But if the decision to refuse entry clearance as a returning resident can, you will have a right to appeal against the decision, if you have raised a human rights claim as part of your application.