Returning residents

vinny · Post by **vinny** » Wed Mar 05, 2008 10:34 pm

See also Returning residents (18-20, 18A) and 2(a)
SET09 - Returning residents and
Chapter 1 -General provisions > Section 3 - Returning residents and Annex K - Exceptions to the two year rule
Primary checkpoint > Biometric residence permits & Returning residents
Returning residents > 2.2 Further guidance:

However, a person returning temporarily to the UK is not necessarily a visitor. For example many people have their home in the UK and may spend substantial periods overseas on short-term business contracts or for studies and return to the UK for only a short period during holidays. This will not disqualify a person from readmission as a returning resident, provided:

• he is normally resident in the UK; and
• at the time of his admission they consider the UK to be their permanent home, and
• he has not been away from the UK for more than 2 years and intends to return to the UK for settlement in the future.

Seeking entry for the purposes of settlement

In line with paragraph 18, a person must show that they are seeking entry for the purposes of settlement. Whilst in most cases a person would be returning to settle at the point of entry, there may be other circumstances where a person is in work or study for long periods overseas, but still intends to ultimately settle in the UK on completion of the employment/study. This will not disqualify a person from admission as a returning resident, provided:
they are normally resident in the UK (for example, a person has property or family or other interests in the UK which are being closely maintained through regular contact)

at the time of their entry, they consider the UK to be their permanent home

they have not been away from the UK for more than 2 years and intend to return to the UK for settlement in the future

Note that Indefinite Leave does not expire, but even Non-lapsing leave may lapse after an absence of two years under Article 13

(4) Leave which does not lapse under paragraph (2) shall remain in force either indefinitely (if it is unlimited) or until the date on which it would otherwise have expired (if limited), but—
(a) where the holder has stayed outside the United Kingdom for a continuous period of more than two years, the leave (where the leave is unlimited) or any leave then remaining (where the leave is limited) shall thereupon lapse; and

(b) any conditions to which the leave is subject shall be suspended for such time as the holder is outside the United Kingdom.

as amended.

Or it may be cancelled or revoked.

July 2018 Changes introduced requirement to apply for entry clearance after two years absence.

19 Endorsement *** Rule changed to benefit eligible visitors ***

Some discussions on 2 years.

Indefinite leave to remain in the UK: your rights and status

A Returning residents visa holder may collect a B R P.

An alternative for failed applicants who had spent at least 10 lawful continuous years is applying for ILR under Long residence when in the UK.

Note: EUSS ILR
EU5.

Paragraphs 18 to 19A of the Immigration Rules (returning residents) do not apply to indefinite leave to enter or remain granted under this Appendix. A person granted such leave may resume their residence in the UK where, having been absent from the UK and Islands, that leave has not lapsed under article 13 of the Immigration (Leave to Enter and Remain) Order 2000.

vinny · Post by **vinny** » Tue Feb 28, 2017 1:42 pm

The case of Irene Clennell and the rules on returning residents with ILR.

vinny · Post by **vinny** » Fri Aug 25, 2023 12:58 am

Examples

Success

Returning Resident
Returning Resident after ILR expired

Refused

Cancellation of ILR

vinny · Post by **vinny** » Fri Nov 24, 2023 12:12 am

Returning residents:
Rules
caseworker guidance

Immigrationboards.com: Immigration, work visa and work permit discussion board

Returning residents

Returning residents

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