Who is a Returning Resident?

A Returning Resident is someone who previously held Indefinite Leave to Remain (ILR) or Indefinite Leave to Enter (ILE) in the UK but has been living outside of the UK for an extended period of time, usually more than 2 years, resulting in the lapse of their settled status. To return to the UK and resume settlement, such individuals must apply for a Returning Resident Visa.

Who Needs a Returning Resident Visa?

You will generally need to apply for a Returning Resident visa if:

• You have ILR but have been outside the UK, Channel Islands, or Isle of Man for more than 2 continuous years
• You hold settled status under the EU Settlement Scheme, and have been outside the UK for:
  • More than 5 continuous years (standard cases)
  • More than 4 continuous years (if you’re a Swiss citizen or their family member)

Once you exceed these limits, your ILR or settled status will typically be considered lapsed. A Returning Resident visa may help you regain your settlement.

Eligibility Criteria

To apply for a Returning Resident Visa, you must demonstrate that:

• You previously held ILR or ILE in the UK.
• You have not obtained another settlement status (e.g., in a different country).
• You have maintained strong ties to the UK, such as close family, employment history, property, or community connections.
• You plan to return to the UK permanently.

Note: If you’ve been away from the UK for less than 2 years, your ILR/ILE status is usually still valid, and you do not need a Returning Resident visa. However, you should carry proof of your ILR when travelling.

What Counts as Strong Ties?

The Home Office will assess several factors when determining whether to grant a Returning Resident Visa, including:

• UK-based family ties (e.g., spouse, children, elderly parents)
• Employment history or a job offer in the UK
• Ownership of property in the UK
• Ongoing community involvement
• Efforts made to maintain links during absence

Common Reasons for Refusal

• Failure to demonstrate a permanent intention to return
• Lack of sufficient evidence of ties to the UK
• Extended absence from the UK without reasonable justification
• Having resettled in another country during your absence

Returning Resident applications can be complex and subjective. Success often hinges on how well your ties to the UK are presented. If you are unsure whether you meet the criteria, or have been refused before, legal advice can greatly improve your chances.

At Sincere Immigration, we help clients gather the right documents, prepare persuasive representations, and guide you through the entire process. So book your free 30 minute consultation with one of our immigration lawyers today.