ARTICLE
24 January 2025

Returning Residents: Reclaiming Your Permanent Residence After A Long Absence

L
Latitude Law

Contributor

Founded in 2007, Latitude Law has steadily grown to be one of the largest specialist UK-inbound immigration law firms. With offices in Manchester, London and Brussels, Latitude Law are experts in business immigration and work with multi-national corporations relocating global talent to the UK, entrepreneur-led businesses looking to invest in the UK and companies seeking to employ overseas workers in a variety of capacities. Their experienced solicitors can guide you and your business through the complex UK immigration rules, advising across all available visa routes. Latitude Law has particular expertise in working with high-net-worth individuals and partnering with HR teams to ensure ongoing sponsor licence compliance, particularly in the context of business mergers and acquisitions
Individuals holding Indefinite Leave to Enter/Remain (ILE/ILR) lose their status if they are outside the UK for more than two consecutive years.
United Kingdom Immigration

Individuals holding Indefinite Leave to Enter/Remain (ILE/ILR) lose their status if they are outside the UK for more than two consecutive years. While even a brief visit to the UK resets this two-year clock, many people find themselves in this position.

For those with Permanent Residence (PR) or Settled Status (SS) under EU or post-Brexit rules, the absence period is extended to five years - except for Swiss nationals, where the limit is four years.

For simplicity, this article will refer to ILE, ILR, PR, and SS collectively as "settlement."

The returning resident

If you've lost settlement due to an extended absence, the Returning Resident visa offers a pathway to regain it. As with most immigration applications, there are three categories of requirements to meet: validity, suitability, and eligibility.

  1. Validity Requirements: These involve submitting the correct application and paying the required fee.
  2. Suitability Requirements: These relate to general grounds for refusal, such as criminal convictions, overstaying, or using deception.
  3. Eligibility Requirements: The most important being that you have: Maintained strong ties to the UK during your absence. A genuine intention to permanently settle in the UK. Not been given financial assistance from public funds to leave the UK, unless the Windrush Scheme applies.

The first eligibility requirement, demonstrating strong ties to the UK, is often the deciding factor in these applications. Evidence is crucial and easier to present for shorter absences, though we have seen success even after very long periods away if ties have remained robust. The Home Office considers various factors, including:

  • Family connections.
  • Ownership of property or businesses.
  • Charitable or community involvement.
  • Financial links to the UK.

The reasons for leaving the UK and returning, the length of initial residence, and any compelling or compassionate circumstances are also taken into account. We have successfully used this route for persons afraid to return to their home country. If you previously held ILR, this route is worth exploring due to the significant benefits of reinstating settlement.

Family members

Applicants for a Returning Resident visa cannot automatically include a partner or any children in their application. Each family member must qualify individually, either as a Returning Resident or through another route. However, once the settlement is reinstated, options to sponsor family members, such as partners or children, potentially become available.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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