Returning Resident Visa

Returning Resident visa

You lose your indefinite leave to remain if you’ve been outside the UK for 2 or more continuous years. You may be able to re-enter the UK and get indefinite leave to remain by applying for a Returning Resident visa.

If you are away from the UK for more than 2 years and  attempt to enter the UK without entry clearance ( without ILR as it has expired after 2 years’ absence or without a valid residents return visa or a valid document that does not restrict your entry into the UK) – you will be refused entry at the border.

Where to apply for Returning Resident Visa?

Recent change in the rules (from April 2023) mean that those with lapsed ILR who have returned to the UK as a visitor can still apply to resume their settled status as a returning resident, although they must make the application from outside the UK.

When is it exempt? 

You may not need to apply if you or your partner are in the British armed forces, or works for certain UK government departments or the British Council.

what are Visa requirements?

You can apply for a returning resident visa if you have been away from the UK for more than 2 years and you:

• plan to return to live in the UK permanently
• were settled (given 'indefinite leave to enter or remain') in the UK before you last left
• have not been given public funds to help you leave the UK

If you are applying from North Korea, you must apply by using the ‘VAF2 Form.’

To apply for a visa, you need to:

• complete the application form and answer in English
• pay for the visa fee online (in most cases)
• pay the health surcharge (if needed)
• provide your biometrics (fingerprints and facial photograph, if needed)
• provide your tuberculosis test results (if you are resident in a country where you must take the test)
• provide your passport and other supporting evidence

You must provide enough evidence to show:

• your strong ties to the UK - for example you or your family have lived here most of your life
• your current circumstances and why you’ve lived outside the UK
• You must also provide evidence of how long you had lived in the UK when you left and your reasons for returning, as well as evidence that you are able to maintain yourself financially without relying on public funds.
• Also, you need to submit other documents, such as current and old passports along with any valid travel identification.
• During the application, you will have your fingerprints are taken, which will be scanned and stored on the UK Home Office database.

Examples of documentation to support the application:

• Marriage certificate or any other relevant document confirms your marital status
• Details of family members living in the UK
• Evidence of properties owned in the UK
• Letters of enrolment or attendance at an educational institution
• Letters of employment detailing your salary and role within your company
• Proof of your business interests
• Utility bills, communication from HMRC or council tax bills
• A written statement from a medical professional if your absence was due to medical reasons.

The above list is not exhaustive, you can submit various documents to maximise chances to get your Visa.

What happens after submitting application?

UKVI may summon you for an interview. The interviewer may also ask questions about your past, present and future plans in the UK. Once your application is approved, you will receive a confirmation letter with your visa number and start date.

Family members (‘dependants’)

Your dependants (partner and children) need to apply separately for a Returning Resident visa if they’re eligible.

Fees

It costs £531 to apply. Please note the fee keeps on changing. Hence you must always check the UK Government website before submitting your application. A biometrics fee is also required for applicants aged 16 or over.

How long it takes

Check the guide processing times to find out how long it might take to get a visa in your country.

Documents you’ll need

You’ll need to provide:

• a current passport or other valid travel identification
• previous passports
• a passport-sized colour photograph
• documents that prove you have ties to the UK, for example proof you’ve earned income, or rented or owned property, in the UK

Providing satisfactory documentation to home office can be very difficult at times. You may need to submit additional documents depending on your circumstances.

What if you do not qualify for Returning Resident Visa?

If you do not meet the requirements to re-enter the UK on the basis of a Returning Resident visa, there are alternative options to consider. For example, if you had lived in the UK for a period of at least 10 continuous years prior to leaving the country, you may be eligible to enter under another immigration route and once in the country, make a Long Residence application.

What if visa is refused?

Entry to the UK may be refused if the Immigration Rules are not satisfied. If your application is refused, you have a right of appeal against the decision, if you have raised a human rights claim as part of your application.

We are happy to support throughout this process and represent you. Please contact us.