Do I need to apply for the Returning Resident Visa?

The 2-year mark of your absence from the UK is important to note because it can help determine whether or not you even need to apply for a Returning Resident Visa. If your time outside of the UK was less than 2 continuous years, it is possible you may be allowed in as a settled person without having to make a Returning Resident Visa application. This is especially true if you did not use public funds to leave the UK and are now re-entering the UK for the purpose of settling.

However, if you were away from the UK for more than 2 continuous years, you need to apply for the Returning Resident Visa if you still wish to permanently reside in the UK. In order to make a successful application, there are some requirements to meet.

What are the requirements for the Returning Resident Visa?

Some of the requirements for the Returning Resident Visa are simple enough to prove. For example, you should have had ILR when you left, and not have used any public funds to finance your exit from the UK. You should also illustrate that upon your return, you intend to settle in the UK permanently.

Another large part of your application is proving your strong ties to the UK. This is a necessary requirement that demonstrates to the Home Office why it is necessary for you to return as a settled person.

One compelling example could be that you lived in the UK for the majority of your life. This illustrates that you were integrated into UK life and that no longer having ILR would be profoundly disruptive to you. Another example might be your family relationships – if you have a lot of family living in the UK, it makes sense that you would join them. You may also include any business or property ties in the UK. It could be helpful if you explain your circumstances and why you have been absent from the UK. Some requirements vary depending on your circumstances so it may be best to seek professional advice.

How to apply for a Returning Resident visa

Applications for a Returning Resident visa are made under paragraph 19 of the Immigration Rules. To be successful, you must demonstrate that you have maintained strong connections to the UK and that you genuinely intend to live in the UK again.

This route is not designed simply to overcome an absence of more than two years. You need to show a real intention to resettle in the UK at the time of applying. While it does not prevent you from travelling abroad again in the future, your overall circumstances and plans will be carefully considered. If you are unsure whether this route is suitable particularly if you anticipate leaving the UK again it is sensible to seek specialist immigration advice before applying.

What counts as ‘strong ties’ to the UK?

The Home Office provides guidance on how to assess whether a person with indefinite leave to remain has retained sufficient ties to the UK to qualify as a Returning Resident. Importantly, “strong ties” are not limited to having a job waiting for you or owning property in the UK. When assessing your case, your personal, family, and historical connections to the UK will all be taken into account.

Examples of evidence that may demonstrate strong ties include:

• Your reasons for remaining outside the UK for more than two years, and your reasons for now returning. For instance, extended absences due to COVID-19 travel restrictions or health issues may be taken into account.
• The nature and strength of your relationships in the UK, such as close family members, and how you have maintained contact with them during your time abroad.
• The length of time you previously lived in the UK before leaving after obtaining indefinite leave to remain.
• The duration of your absence, as shorter absences (for example, just over two years) may be viewed more favourably than significantly longer periods.
• Your intentions to settle in the UK on your return.
• Any compassionate or compelling circumstances, such as caring for an unwell relative overseas.

Each application is considered on its individual facts, with all relevant circumstances taken into account.

What can I do on a Returning Resident Visa?

If your Returning Resident Visa application is granted, your ILR status is restored and you are allowed to re-enter the UK. If granted, you have the right to work without any restrictions regarding salary, type of work, or hours. You may be self-employed, work long or short hours, and switch jobs at any time. You can also access public funds. This means you can usually receive healthcare through the NHS and claim job seekers’ allowance if you are searching for work. Studying in the UK also becomes an option once you are granted entry as a Returning Resident.  Not only this, but you are eligible to pay home fees for UK universities and apply for student finance just like British students.

How Can Our Immigration Lawyers Help You?

Our team of specialist immigration lawyers can assist you in relation to returning resident visa application through expert legal advice, guidance, and representation on a fixed fee basis. Our fixed fee covers all the work in relation to your indefinite leave to remain application from initial instructions until a decision is reached on your application by the Home Office. If instructed, your case will be handled by a specialist immigration lawyer whose work will entail the following:

• Taking detailed instructions to find out all relevant facts;
• Advising you on the eligibility requirements of your application;
• Advising you on the suitability requirements of your application;
• Assessing the strengths and weaknesses of your case in light of your personal circumstances;
• Where necessary, advising you on the weakness if your case and the steps you may be able to take to mitigate those weaknesses;
• Presenting you with a comprehensive list of documents to provide in support of your application;
• Reviewing your documents to ensure they are in line with the requirements of the immigration rules in relation to your application and they are in the right format;
• Advising you on further documents to be provided where necessary following review of collated documents;
• Drafting your application form and presenting you with draft application for your consideration;
• Advising on the application form details and making amendments where necessary or requested by you;
• Drafting detailed letter of representations, demonstrating that all legal requirements relating to your application have been satisfied;
• Drafting witness statements for you and other relevant witnesses where necessary;
• Where possible, taking necessary steps to submit your application via Priority service to ensure faster processing time;
• Uploading all the necessary documents in support of your application onto the Home Office application portal;
• Arranging an appointment for you to enrol your biometrics as part of your application process;
• Liaising with the Home Office, where there has been a request for further information or documents;

Why Choose Our Specialist Immigration Lawyers?

Our expert immigration lawyers have a wealth of experience in handling all types of immigration applications and have successfully assisted many applicants with their returning resident visa applications. Below is a summary of reasons why we are different and are the right fit for you:

High Quality Advice and Representations

Our team of specialist immigration lawyers handle each case with great care and attention to detail from outset to its conclusion. Our expert immigration lawyers will ensure that your case if progressed in a timely manner and that you receive the highest quality legal advice and representation throughout the life of your retainer. The quality of service provided by our team of specialist immigration lawyers are self-evident from our Google review.

Remote Legal Services

Our team of specialist immigration lawyers can provide you with excellent advice, guidance and legal representations remotely using modern means of communication. Whilst our expert immigration lawyer can meet you face to face in our offices at the heart of London, where a face-to-face meeting is not possible or convenient, our lawyers can represent you remotely without the need for you to attend our offices. Our expert immigration lawyers have successfully represented clients remotely from all four continents without their needing to attend our offices for a face-to-face meeting and can also represent you remotely if necessary.

Specialist Advice and Representation

If instructed, your matter will be assigned to a lawyer with specialist knowledge of immigration law who will handle your matter from initial instructions to its conclusion, and where necessary – such as in complex matters – your immigration lawyer will be assisted by other immigration lawyers to ensure the best possible legal advice and representation.

Fast Track Visa Processing Service

The Home Office (UKVI) provide a faster processing of application via its Priority Service application which enables you to get a decision on your (in-country) application within 24 hours of enrolling your fingerprints or within 5 days of enrolling your biometrics for out of country applications. Our specialist immigration lawyers can take all steps to submit your application via Priority service so that you can get a decision on your application in the shortest time possible.

Fixed Fees With Payment Plan

To help you with certainty regarding the costs of your legal representation, we provide services for a reasonable and affordable fixed fee. To further help our clients manage the costs associated with their application, we can offer an instalment plan so that you can pay your fixed fees in instalments. Please do note, however, that all instalments must be completed before you enrol your biometrics.

Free Immigration Advice Online

Our team of specialist immigration solicitors and lawyers can provide you one-off advice completely free of charge via our online enquiry form.