Returning Resident Visa HELP!!!

Hello all,

I am looking into applying for a Returning Resident visa at the end of the year and I wanted to know if anyone could shed some light on my circumstance.

I used to be a Permanent Resident in the UK, however me and my family moved away around 2007 whilst I was very young to Canada where I am a citizen. I have all my family still here - aunts, uncles, cousins etc. I have been living in the UK again since 2019 but on another visa. What are my chances of being approved for a RRV?? What information would be helpful for me to include in my application.

Thanks in advance!

I have been living in the UK again since 2019 but on another visa.

What visa do you hold?

What are my chances of being approved for a RRV??

Likely zero. By applying for another visa category and returning to the UK on the new visa, it automatically cancels your previously held indefinite leave to remain, if it was indefinite leave to remain that you held.

A returning resident visa would also have only been possible to apply for from outside the UK with evidence to prove strong ties to the UK after an absence of over 10 years.

I am currently on a WHV.

When I was last in the UK, I was here as a permanent resident.

Also I do not plan to apply until the expiration of my current visa and I will be doing so from Canada. Also my ties to the UK remain stronger than that of Canada as most of my family is still here minus my mother and brother who resides in Canada.

By applying for a working holiday visa, this automatically cancelled and superseded your previous immigration status of indefinite leave to remain, which would now be null and void. This is besides the fact that indefinite leave to remain lapses automatically after an absence from the UK of 2 or more years.

To be granted entry clearance as a returning resident you need to demonstrate that you meet the requirements of paragraph 18 & 19 of the Immigration Rules:

18. A person may resume their residence in the UK provided the Immigration Officer is satisfied that the person concerned:
(i) had indefinite leave to enter or remain in the United Kingdom when he last left; and
(ii) has not been away from the United Kingdom for more than 2 years; and
(iii) did not receive assistance from public funds towards the cost of leaving the United Kingdom; and
(iv) now seeks admission for the purpose of settlement.

19. A person who does not benefit from the preceding paragraph by reason only of having been absent from the United Kingdom for more than two consecutive years, must have applied for, and been granted indefinite leave to enter by way of entry clearance if, he can demonstrate he has strong ties to the United Kingdom and intends to make the United Kingdom his permanent home.

Paragraph 19 allows for entry clearance to be granted to somebody who has been away for more than two years provided they have strong ties to the UK however you need to show that you meet all the other requirements of paragraph 18 to qualify. You cannot satisfy 18(i) because at the time you will apply for entry clearance you will not have had ILE/ILR when you last left the UK - you will have held limited leave to enter under the Tier 5 YMS. Unfortunately this means that the chances of you being successful in a returning resident entry clearance application is zero.