If you were previously granted indefinite permission to enter or remain in the United Kingdom (settlement) and this permission has since expired, you may be eligible to return to the country to establish a permanent residence based on a Returning Resident Visa.

An application for a Returning Resident Visa must be submitted from a location outside of the United Kingdom.

Entry clearance for settlement in the United Kingdom will be granted to you upon the successful completion of your application for a Returning Resident Visa.

Visa Requirements for Returning Residents Visa

In order to be admitted to the United Kingdom for settlement as a Returning Resident, you must meet the following criteria:

• You are currently located outside of the United Kingdom.
• You were previously awarded settlement in the United Kingdom.
• As a result of your absence from the United Kingdom, your previous settlement in the country has expired.
• You legitimately intend to return to the United Kingdom for the purpose of settling;
• Throughout your absence from the UK, you have kept up vigorous efforts to visit the United Kingdom.
• The cost of departing the UK was not covered by public funds, unless you applied under the Windrush Scheme.
• The general grounds for refusal do not apply to your application.
• If necessary, you possess a genuine tuberculosis certificate.
• A legal guardian, one parent (if that parent has sole legal responsibility for you), or both parents must provide written consent if you are under the age of 18.

The specific requirements that must be met in order to qualify for a Returning Resident visa may differ based on your personal circumstances. For expert guidance, it may be beneficial to consult with an immigration attorney. 

What is the expiration date of indefinite leave to remain or settlement in the United Kingdom?

If you were granted indefinite leave to remain but were subsequently absent from the United Kingdom for an extended period, your indefinite leave to remain will have expired automatically as a result of the operation of law.

• For a period exceeding two years under the Immigration (Leave to Enter and Remain) Order 2000; or
• If you have previously settled in the UK under the EU Settlement Scheme, the period of time is greater than five years; or
• If you were previously settled in the UK under the EUSS as a Swiss national or a family member of a Swiss national for a period exceeding 4 years.

Does it require a Returning Resident to have had indefinite leave to enter or remain in the UK when they last left?

An applicant is not required to have indefinite leave to enter or remain in the United Kingdom when they last departed the country. Consequently, it is still feasible to submit an application for a Returning Resident visa, even if you have visited the United Kingdom since your leave expired.

How can I prove that I have maintained significant connections to the United Kingdom?

In evaluating your Returning Resident visa application, the Home Office will take into account the following factors to determine whether you have maintained significant ties to the UK during your absence:

• Your family ties in the UK;
• Your property and business ties in the UK;
• The length of your original residence in the UK;
• The length of time you have spent outside of the UK;
• Your reasons for leaving and wishing to return to the UK; and 
• Any other circumstances.

Home Office guidance also recognises that "other compelling or compassionate circumstances" may exist and ensures that each application is evaluated on its own merits..

It may be beneficial to consult with a legal professional when determining the evidence to be used and the most effective way to present it, as the assessment is discretionary and the factors are numerous.

Is it permissible for a dependent to accompany or join a returning resident?

On this route, returning residents are not permitted to automatically transport or be joined by a partner or children. Each member of the family must meet the criteria for either a Returning Resident or in a different capacity.

Consequently, it will be necessary to evaluate the potential applications that a partner or offspring may be able to submit. You may wish to consult with a legal professional regarding this matter.

What happens if my application for a Returning Resident Visa is denied?

In the event that your application for a Returning Resident visa is denied, there is no right of appeal. However, the decision may be subject to challenge using an Administrative Review application.

What happens if I am unable to meet the criteria for a Returning Resident Visa?

In the event that you cannot meet the requirements to enter the UK as a Returning Resident, but you have previously spent a continuous period of 10 years lawfully in the UK, you may be able to enter on another basis and then submit a Long Residence application.