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Return residence stamp is a form of Permanent Residence. You do not need to apply for anything.

Hi, thanks for the quick reply... ok... so now i have this Returning resident visa stamp that lets me stay in the UK for an indefinite period.. what's next... can i still go back to the Philippines for a 3 weeks holiday or doi have to stay in the UK for a long time.. and by having this new visa.. does this Returning resident visa mean that my Indefinite leave to remain has now been reinstated or do i have to apply for an ILR? I mean... this Returning resident visa.. is this a lower level version of the ILR or does it have the same rights as the ILR ( Indefinite leave to remain) visa. So to be clear my questions are:

1.) whats the difference between a returning resident visa and an ILR?
2.) by having this Returning resident visa.. does this mean my ILR has been reinstated or do I have to apply for an ILR? ( you see i'm not sure if this Returning Resident visa has the same rights as the ILR.. what privileges e.g. if it has the same privileges as the ILR

Same rights.

same rights... so to be super clear.. basically with this Resident Return visa my ILR has been automatically reinstated?

Effectively, yes.

alexpride wrote:same rights... so to be super clear.. basically with this Resident Return visa my ILR has been automatically reinstated?

Do you have a BRP ?

alexpride wrote:same rights... so to be super clear.. basically with this Resident Return visa my ILR has been automatically reinstated?

The ILR itself does not expire - it is an indefinite leave to remain. It is, however, not an entry visa.

The general condition is that if you get an entry clearance into the UK on a reason other than that of a "returning resident" (e.g. visitor, business, etc.) your ILR becomes invalid.

All the returning visa did was to allow you to enter as a returning resident (normally coming back after 2 years will not allow you to do that) so that your ILR did not become invalid.

So, it is not so much as a reinstatement as it that it did not get invalidated

Thanks for the replies guys, really appreciate it. As for your question.... No I do not have a BRP (Biometric residence permits). To cut a long story short.. 4 years ago I applied for a BRP to transfer my indefinite leave to remain visa to my new passport but was declined for over staying in the Philippines for over 2 years. I went back to the Philippines and luckily was able to get a Returning Resident Visa to get back to the UK indefinitely but I see that my Returning Resident visa has the expiry date - 27/01/17 which means I will need to reapply for a BRP to transfer my indefinite leave to remain visa to a new passport? You see that's what I'm confused about... since this Returning Resident Visa has an expiration date... and IF what u guys say is right in that my indefinite leave to remain visa is no longer invalid then.. could I this time round actually be approved for a BRP so that my ILR can be transferred to my new passport? ( I believe one of the BRP requirement is that one can prove that he/she has continuously lived in the UK for a minimum of 5 years)

alexpride wrote:Thanks for the replies guys, really appreciate it. As for your question.... No I do not have a BRP (Biometric residence permits). To cut a long story short.. 4 years ago I applied for a BRP to transfer my indefinite leave to remain visa to my new passport but was declined for over staying in the Philippines for over 2 years. I went back to the Philippines and luckily was able to get a Returning Resident Visa to get back to the UK indefinitely but I see that my Returning Resident visa has the expiry date - 27/01/17 which means I will need to reapply for a BRP to transfer my indefinite leave to remain visa to a new passport? You see that's what I'm confused about... since this Returning Resident Visa has an expiration date... and IF what u guys say is right in that my indefinite leave to remain visa is no longer invalid then.. could I this time round actually be approved for a BRP so that my ILR can be transferred to my new passport? ( I believe one of the BRP requirement is that one can prove that he/she has continuously lived in the UK for a minimum of 5 years)

The 5 year is not a requirement for the BRP - it is a requirement for ILR.
So, to get it right, you left for Philippines after you got you ILR, stayed away for more than 2 years and then came back to the UK. Rightfully, the ECO should have refused you entry at that time as you had stayed away for more than 2 years. On what basis did they allow you in at the time ? Maybe he/she missed that you were away for 2 years at that time.
Have you travelled in and out of UK since then ?
From your descriptions so far, you could have applied for your BRP the day after you came back with a returning visa.
But you may want to get your immigration records and make sure you have always got your entry in as a returning resident. If that status has never changed, then your ILR should still be valid.
https://www.gov.uk/government/publicati ... mmigration

Hi, thanks for the speedy reply and yes I am definite I have a returning resident visa as it states " Type: Returning Resident" as shown in the pic below:





As for the part on how I managed to get back to the UK the first time.. yes that was the VERY confusing part as I shouldn't have been let in the UK but MAYBE I guess the immigration officer somehow missed out on the fact that I overstayed for 2 years. Anyway when I sent my passport for the BRP to get my indefinite leave visa transferred to my new passport... immigration told me that I had overstayed in the Philippines for 2 years and 2 days and thus my indefinite leave was now VOID (note: Immigration also couldn't tell me on what basis I was able to re-enter the UK the first time as I should have been rightfully refused). They asked me to VOLUNTARILY exit the UK and go back to the Philippines so that I could re-apply for my visa which I did and successfully got the Returning resident visa. I haven't traveled out of the UK since getting the Returning Resident Visa.

So from all these.. it's definite that I can re-apply for the BRP and actually get my indefinite leave visa transferred to my new passport?

alexpride wrote:Hi, thanks for the speedy reply and yes I am definite I have a returning resident visa as it states " Type: Returning Resident" as shown in the pic below:





As for the part on how I managed to get back to the UK the first time.. yes that was the VERY confusing part as I shouldn't have been let in the UK but MAYBE I guess the immigration officer somehow missed out on the fact that I overstayed for 2 years. Anyway when I sent my passport for the BRP to get my indefinite leave visa transferred to my new passport... immigration told me that I had overstayed in the Philippines for 2 years and 2 days and thus my indefinite leave was now VOID (note: Immigration also couldn't tell me on what basis I was able to re-enter the UK the first time as I should have been rightfully refused). They asked me to VOLUNTARILY exit the UK and go back to the Philippines so that I could re-apply for my visa which I did and successfully got the Returning resident visa. I haven't traveled out of the UK since getting the Returning Resident Visa.

So from all these.. it's definite that I can re-apply for the BRP and actually get my indefinite leave visa transferred to my new passport?

As I see it, there have been multiple errors:
- When they let you in first - they should have stopped you at the border. But, the immigration officer does have the authority to admit you anyway. So, if you were granted entry as a returning resident, then it is assumed the IO used his discretion.
- When they then said your ILR was void - this seems to contradict the fact that they allowed you to re-enter. I can't see how they can void the ILR if you had come in as a returning resident. You should possibly have challenged it at that time. Did HO's letter advise you to apply for a returning resident visa or just ask you to apply for A visa - I suspect they meant for you to apply for one of the visit/work visas and start the process again.
- When they granted you the returning resident visa - if your ILR was truly void, then they should not have issued you a returning resident visa. But now that they have and you have entered the country with that, it should mean they have recognised you have the ILR.

Check your immigration record anyway.

Apply for your BRP. If it is rejected this time, I believe you have grounds to fight for it. And they will allow it if you challenge any rejection.

Are you sure you didn't get a letter back with your passport stating you had to collect a BRP card from your designated Post Office within 10 days of arriving back?

This is the letter from the Home Office:

"Date: 03/July 2014

Dear Mr...

I write with regards to your letter of 21/06/2015.

As you were outside of the United Kingdom for a period of more than two years, as noted from your previous no time limit application. You are deemed to have lost your settled status. I would, therefore, advise you to contact our contact center on ...xxxxx with a view to regularizing your stay in the United Kingdom."

(The only time the IO told me that my visa was void was when I called their contact centre in which they implied that .. in a sense my ILR was now void since I had overstayed in the Philippines, but no-one could really give me any clear answer .. its as if they didn't know their own regulations/rules with regards to visa entry )

This is truly the most frustrating thing.. and that is NO-ONE from the home office knows on what basis I was let in the UK the first time. All I remember is that the immigration officer at the airport told me that I had overstayed in the Philippines and that he will let me in but on the condition that I should stay in the UK for at least 1 year straight, however when applying for the BRP the home office wanted evidence which ofc I had non of because the only stamp the immigration gave me in re-entering the UK was a normal entry stamp.

CR001 wrote:Are you sure you didn't get a letter back with your passport stating you had to collect a BRP card from your designated Post Office within 10 days of arriving back?

No I didn't get any letter, it seems that these mistakes were the most complicated part of trying to figure out what to do when the home office found out that I had overstayed the Philippines for over 2 years and somehow was let in the UK without clear evidence of why I was let back in .. no special stamp on the passport of any kind.. just a normal entry stamp. I did approach a Law firm to help me and they did advise that I stay in the UK and hold my ground but I just felt financially I couldn't afford it at that time and stupidly enough I did go back to the Philippines and applied for a returning resident visa on the grounds of strong ties to the UK.

alexpride wrote:This is the letter from the Home Office:

"Date: 03/July 2014

Dear Mr...

I write with regards to your letter of 21/06/2015.

I assume this was 21/06/2014

alexpride wrote:All I remember is that the immigration officer at the airport told me that I had overstayed in the Philippines and that he will let me in but on the condition that I should stay in the UK for at least 1 year straight, however when applying for the BRP the home office wanted evidence which ofc I had non of because the only stamp the immigration gave me in re-entering the UK was a normal entry stamp.

It is frustrating, but you should request for your immigration records - it should show the category under which you were admitted. Also, the IO should have normally written in something on the stamp in your passport - typically the resident permit/visa number.

alexpride wrote:I did approach a Law firm to help me and they did advise that I stay in the UK and hold my ground but I just felt financially I couldn't afford it at that time and stupidly enough I did go back to the Philippines and applied for a returning resident visa on the grounds of strong ties to the UK.

This is water under the bridge, but you could have challenged it yourself without spending money on a lawyer.

I assume your latest entry stamp has the Returning resident visa number written next to it. Or else, it would be in the immigration records. Either one should be evidence enough of the continuing ILR status.

I still recommend requesting your immigration records (it is free if you use the Fast track application) and also applying for a BRP.

Worst case, you are possibly eligible for a 10 year LR now - though you shouldn't have to go that way.

"I assume your latest entry stamp has the Returning resident visa number written next to it. Or else, it would be in the immigration records. Either one should be evidence enough of the continuing ILR status."

All i have is the passport No. EC7XXXXXX
and the VAF No. xxxxxxxv (7 digits )

which one is the visa number?

alexpride wrote:"I assume your latest entry stamp has the Returning resident visa number written next to it. Or else, it would be in the immigration records. Either one should be evidence enough of the continuing ILR status."

All i have is the passport No. EC7XXXXXX
and the VAF No. xxxxxxxv (7 digits )

which one is the visa number?

Visa number would be the VAF number that is the same as on your returning visa.

Similarly, when you came in last time, the entry stamp would have a number written next to it. If that corresponds to the number on your ILR stamp at that time, it is proof that you were admitted on the basis of the ILR.

Hey Guys, finally got my BRP!

Type of permit: Settlement

Remarks: No time limit

So does this mean I can travel back to the Philippines for a few months and come back with no problem?

is the limitation on this the same as the indefinite leave to remain visa where i just have to ensure that i don't overstay abroad for 2 years?

Yes. Same limitations.

Wow, perfect. Thanks for all the help.

Really Appreciate it Vinny

alexpride wrote: ↑

Thu Aug 30, 2018 1:04 am

Hey Guys, finally got my BRP!

Type of permit: Settlement

Remarks: No time limit

So does this mean I can travel back to the Philippines for a few months and come back with no problem?

is the limitation on this the same as the indefinite leave to remain visa where i just have to ensure that i don't overstay abroad for 2 years?

Congratulations.
Yes to both your questions.

alexpride wrote: ↑

Thu Aug 30, 2018 1:25 am

Wow, perfect. Thanks for all the help.

Really Appreciate it Vinny

@alexpride.. please can you let me know what documents you provided when you applied for your returning resident visa? I am currently here in the Phililpines and was planning to apply as well..

Thanks!