Anyone granted Indefinite Leave to Remain in the UK, but whose leave expired after spending more than two years outside of the country, is eligible for this route. A Returning Residents visa must be obtained by those who wish to return to the United Kingdom.
REQUIREMENTS FOR THE VISA FOR RETURNING RESIDENTS
An applicant who has been out of the country for more than two years must normally meet the conditions listed below in order to apply for a returning residents visa.
- At the time of travel, you must have had an Indefinite Leave to Remain.
- Travel to other countries was not supported by public funds.
- Now attempting to re-enter the United Kingdom on a long-term basis.
- The absence should be explained with evidence and good reasons.
Applications for returning resident visas will be required to provide evidence of strong family ties, employment and property ownership in the United Kingdom, among other things. After two years away from the UK, some applicants are exempt from losing their ILR even if they are EU nationals with Permanent Residency, members of the British Armed Forces and their dependants, and family members of British nationals working for the UK government abroad.
WHAT CAN WE DO FOR YOU?
At Lemian & T Solicitors we have have a wealth of experience working with clients who want to return to the United States as a permanent resident. Each of our clients’ circumstances are thoroughly examined by our Immigration team to ensure that they meet the eligibility requirements. At our award-winning law firm, we take great pride in being approachable and innovative, as well as always going the extra mile to ensure our clients get the personal attention they deserve. It is our goal to provide our clients with clear, transparent, and reliable advice.
QUESTION AND ANSWER
Q: WHAT HAPPENS AFTER I OBTAIN A VISA FOR RETURNING RESIDENT STATUS?
A: In contrast to other Entry Clearance visas, a returning resident visa does not require renewal or extension, and the applicants will be able to remain in the United Kingdom indefinitely after being granted the visa.
Q:CAN I BRING MY DEPENDENTS WITH ME?
A:On a returning resident visa, applicants are not eligible to apply for dependants, and this is the case for all applicants. Each individual who requires an entry clearance under this category must submit a separate application, and this includes your applicant’s partner and children if they are also applicants.
Q:HOW LONG DOES IT TAKE TO OBTAIN A VISA FOR A RETURNING RESIDENT?
A: The processing time for a Resident Return Visa is dependent on the circumstances of the applicant as well as the complexity of the matter. Before a decision is reached, it is likely that the applicant will have to wait several weeks.
Q:WHAT OPTIONS DO I HAVE IF MY APPLICATION IS DENIED?
A: If there are any errors in the casework that resulted in the refusal of a returning resident visa, the decision can be challenged through the administrative review process. In the case of this type of application, there is no right of appeal. In the event that Administrative Review is unsuccessful, applicants may seek Judicial Review as a remedy if they believe the decision was incorrectly rendered.
Q:IF I HAVE A BRITISH PASSPORT, DO I NEED TO APPLY FOR A VISA TO ENTER THE COUNTRY AS A RETURNING RESIDENT?
A: As a result, applicants who hold a British passport are no longer subject to Immigration Control and are free from any restrictions when travelling to and from the United Kingdom.