Resident Return Visa & Loss of ILR

If you have previously held indefinite leave to remain in the UK, more commonly known as ILR, and wish to return to the UK to re-settle, you will need to apply for the Resident Return visa.

The following practical guide for individuals who have lost ILR, and want to return to the UK, looks at whether this is possible and what you need to do to get ILR status reinstated. We also look at how to apply for a Resident Return visa and the benefits that this will offer.

 

When will you be deemed as having lost ILR status?

Once you have been granted ILR, this will allow you to live in the UK on a permanent basis, although there are still certain conditions that must be met to maintain your status. These conditions include having the UK as your main and permanent residence, where your ILR status will automatically lapse if you live outside of the UK, Ireland or the Crown Dependencies (the Isle of Man, Guernsey and Jersey) for 2 or more continuous years.

If you have settled status under the EU Settlement Scheme (EUSS) and have lived overseas for 5 or more years, or for 4 or more years as a Swiss citizen, your status will again expire.

There are certain exceptions to the rules around expiry of ILR status, although these are limited to where you or your partner are in the British armed forces, or work for certain UK government departments or the British Council, and you have been posted overseas.

 

Can you return to the UK if you have lost ILR status?

If you have lost your ILR status by living overseas for more than 2 continuous years, you will no longer be able to travel freely in and out of the UK, where you will once again become subject to immigration control. However, you may be able to apply for a Resident Return visa from overseas to be able to re-enter the UK, provided you did not receive any financial support from the UK’s Home Office to leave the UK in the first place.

In contrast, if you lose your settled status under the EUSS by living overseas for more than 5 years, or 4 years as a Swiss citizen, you cannot apply for a Resident Return visa. In these cases, you would instead need to apply for a suitable visa to live and work in the UK.

In either scenario, whether you are applying for a Resident Return visa, or other type of suitable visa, you would need to be approved for your visa before returning to the UK.

 

What do you need to do to return to the UK after losing ILR?

Before returning to the UK in circumstances where you have lost your ILR status to live in the UK on a permanent basis. you will need to check that you are eligible for a Resident Return visa and successfully apply for a visa before you travel. Equally, in circumstances where you need to apply for a different type of visa, you must submit a successful application and wait for your visa before being able to travel to the UK.

It is only in circumstances where you have lived outside the UK, Ireland, the Isle of Man, Guernsey and Jersey for less than 2 years, that you can still travel freely in and out of the UK. However, you must still prove your ILR status on re-entry. This means that when you travel back to the UK, you must show the Biometric Residence Permit (BRP), or the stamp or vignette in your passport, that gives you permission to permanently live in the UK.

If you no longer have your BRP on your return to the UK, you will need to apply for a replacement BRP visa to allow you to re-enter the UK. Once you have returned to the UK, you can apply for a replacement permit. If your ILR status has not lapsed, but your passport has expired, you may want to have your vignette transferred into a new passport. You should also apply for a vignette transfer if you no longer have your original passport.

 

What is a Resident Return visa?

A Resident Return visa, more commonly known under the rules as a Returning Resident visa, is a visa specifically to allow those who previously held ILR status (but have lost this through living outside the UK for 2 or more continuous years) to re-enter the UK.

This visa will provide you with entry clearance to return to the UK. However, you will not be required to re-apply for ILR, where you will be granted entry clearance for settlement.

 

Resident Return visa requirements

The eligibility requirements for a Resident Return visa are set out under Appendix Returning Resident of the UK’s Immigration Rules. To qualify for a visa under this route you must have previously been granted ILR status which has lapsed by operation of law due to your absence from the UK. You must also meet all of the following requirements:

• an intention to settle requirement: where you must be able to show that you genuinely intend to return to the UK for the purposes of settlement;
• a previous departure from UK requirement: where you must not have received assistance from public funds towards the cost of leaving the UK;
• a strong ties to the UK requirement: where you must be able to show that you have maintained strong ties to the UK during your absence overseas;
• a parental consent requirement for a returning resident aged under 18: if you are under 18 on the date of application, you must have written consent from both your parents, or one parent if that parent has sole legal responsibility for you, or any legal guardian. This written consent must confirm support for the visa application itself, your living and care arrangements in the UK, and your travel to, and reception arrangements in, the UK.

 

How to apply for a Resident Return visa

To apply for a Resident Return visa you will need to submit an online application with UK Visas and Immigration (UKVI) using Form “UKA/ROA/RR”. This can be found at GOV.UK. It is only if you are applying from North Korea that you must download the application form, together with the instructions on how to complete this form and where to post it.

As part of your application, you will need to schedule an appointment at an overseas visa application centre to re-enrol your biometric information. This includes a scan of your fingerprints and a digital photo of your face. You will also need to provide a number of documents in support of your application for a Resident Return visa, including:

• a current passport or other valid travel identification
• any previous passports
• a passport-sized colour photograph
• documentation to show the reason(s) for your absence from the UK, such as access to health treatment overseas, to care for family, for employment purposes or to study
• documentation to show that you genuinely intend to return to the UK for the purposes of settlement, ie; to live in the UK on a permanent basis
• documentation to show that you have maintained strong ties to the UK throughout your time overseas, including any family, property and/or business ties, as well as the length of your original residence in the UK and the length of time spent overseas
• a valid tuberculosis medical certificate, depending on where you have been living
• any additional documents, depending on your personal circumstances.

 
Your partner and any dependent children wanting to return to the UK with you will need to apply separately for a Resident Return visa, provided they are eligible. This is because a partner or dependent child cannot join or accompany a returning resident on this route, where each individual must qualify as a returning resident in their own right under the relevant rules. The cost to apply for a Resident Return visa is £637 per person.

Once you (and any dependants applying at the same time) have applied for a Resident Return visa and re-enrolled your biometric information at an overseas visa application centre, a decision should usually be made within 3 weeks. However, you may be able to pay for a faster decision, depending on which country you are applying from.

 

If your visa application is successful

If your application for a Resident Return visa is successful, you will be granted indefinite leave to enter the UK. This will be granted on a visa valid for a period of 90 days, where you must travel into the UK during the validity of this visa. Your BRP will be available for collection from your nominated Post Office, providing proof of your right to permanently live in the UK. The effect of this visa is to reinstate your ILR status as if it had never lapsed.

 

If your visa application is refused

An application for a Resident Return visa could be refused for a number of reasons. This could be where, for example, you have been unable to show that you genuinely intend to return for the purposes of settlement or that you have maintained strong ties to the UK.

However, if your application for a Resident Return visa is refused, you may be able to make a request for an Administrative Review (under Appendix AR: Administrative Review of the Immigration Rules) if you can show that there has been a caseworker error. In these circumstances, advice should immediately be sought from an immigration specialist.

The cost to apply for an administrative review is just £80, but by seeking expert advice, this can help to maximise the prospects of a positive outcome. Your adviser can also explore the possibility of re-applying for your visa, as an administrative review can take several months.

Ideally, however, advice should always be sought prior to applying for a Resident Return visa in the first place. This is because your application will need to provide a clear account of your reasons for living outside the UK for an extended period of time. It will also need to satisfy the UKVI caseworker deciding your application that your intentions to return to live in the UK are genuine ‘and’ that your ties to the UK remain sufficiently strong to justify this. In support of your application, you will therefore need cogent evidence of all these matters.

 

Why is getting your ILR status reinstated important?

If you would like to return to the UK on a temporary basis, rather than seeking once again to live in the UK on a permanent basis, you could instead seek a short-term visa. However, having your ILR status reinstated will provide you with the following benefits:

• you can live, work and study in the UK for as long as you like
• you can work in any business, profession or employment, including self-employment
• you can undertake any type of study, provided you meet the course requirements
• you can apply for state benefits, provided you are eligible
• you will be granted free access to NHS healthcare services in the UK
• any children born in the UK will normally be a British citizen automatically at birth
• any family members who are not British citizens, but want to live with you in the UK, should be able to more easily join you here on an immigration route to settlement
• you can apply for British citizenship once you have been living in the UK for at least 12 months after being grant ILR, provided you meet the other eligibility requirements.

 

Need assistance?

DavidsonMorris are UK immigration & nationality specialists. For advice and guidance on your UK settlement options and application, contact us.

 

Resident Return visa FAQs

What is the purpose of a Resident Return visa?

A Resident Return visa is the permission needed for overseas nationals previously settled in the UK, but have lived abroad for more than 2 continuous years, and would now like to live permanently in the UK as a returning resident.

What is a Returning Resident visa UK?

A Returning Resident visa is the authorisation from the Home Office for an overseas national who has previously been granted indefinite leave to remain to permanently live in the UK once more after living overseas for 2 or more years.

How long does it take to get a return visa for a resident?

If a foreign permanent resident has lived outside the UK for 2+ years, their indefinite leave to remain status will automatically lapse, where it will take approximately 3 weeks to apply for a Returning Resident visa to re-enter the UK.

How long does it take to get a Returning Resident visa?

Once you have applied for a Returning Resident visa, you will need to re-enrol your biometric information at an overseas visa application centre. It will then usually take around 3 weeks for a decision to be made on your application.

Can you reinstate ILR status?

It is possible to reinstate ILR status if this has been lost through living outside the UK for more than 2 consecutive years, although you will need to apply for a Returning Resident visa before attempting to re-enter the UK.

 
Last updated: 14 December 2023