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06 May Visa as a returning resident – brief summary

Posted on May 6, 2021 in Other Visas by
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Migrants who hold a grant of Indefinite Leave to Enter (ILE) or Indefinite Leave to Remain (ILR), will automatically lose their status if they were to leave the UK for more than 2 consecutive years. If this happens, you must apply for an entry clearance under paragraph 19 of the Immigration Rules as a returning resident and your case will be assessed by an Entry Clearance Officer in your country of nationality or residence.

In order to apply as a returning resident, individuals have to show the following:

  • Their strength of ties to the UK including the nature of those whose ties, the extend to which those ties have been maintained during the applicant’s absence;
  • The length of their original residence in the UK;
  • The length of time that the migrant has been outside the UK;
  • The circumstances in which they left the UK and their reasons for remaining absent;
  • The reasons for now wishing to return;
  • If they were to be readmitted, whether they would continue to reside in the UK;
  • Any other compassionate factors.

In brief, they will need to make a compelling case to demonstrate their family ties, property, assets or business ties etc in the UK. For instance, if they have family members (parents, spouse, partner, children or grandchildren) in the UK and the nature of any contact can also to be considered. If the applicant owns his/her own property in the UK or has a vested interest in an ongoing business venture within the UK, this should also be mentioned and evidenced when making an application. Please note that at under the COVID-19 pandemic, some migrants might not be able to return the UK due to the travel restrictions. This can be also considered as an additional factor in support of an application.

Reasons for leaving and wishing to return

An individual might leave the UK for many reasons, such as accessing health treatment overseas, caring for family, retiring, employment or self-employment and studying. There are also some other specific circumstances which would support an application:

  • Travel and service overseas with a particular employer before return to the UK with the employer;
  • Service abroad for the UK Government, or as a dependant of a member of HM Forces or as an employee of a quasi-governmental body, a British company or a United Nations organisation;
  • Employment abroad in the public service of a country that has good relations with the UK, by a person who could not reasonably be expected to settle in that country permanently;
  • A prolonged period of study abroad by a person who wishes to re-join the family in UK on completion of studies;
  • Prolonged medical treatment abroad of a kind not available in the UK;
  • Unintended absences from the UK due to the COVID-19 pandemic.

Contact Our Immigration Team

For expert advice regarding any aspect of the Returning Residents application, please contact our immigration team on 0203 384 3075.

The content of this article is for general use and information only. Since each case should be prepared on its own merit and in light of the constant amendments to the Immigration Rules, it is important to note that the information provided must not be relied upon unless Migra & Co has either given written consent or has been officially engaged in relation to a specific immigration matter. As a result, Migra & Co will take no responsibility for any damage, cost or loss resulting from relying on the information contained in this article, blog and website.