ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


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

Welcome to immigrationboards.com!

Login Register Do not show

Returning Resident Validity

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

Locked
emma_james77
Newly Registered
Posts: 4
Joined: Wed Aug 10, 2016 2:19 pm

Returning Resident Validity

Post by emma_james77 » Wed Aug 10, 2016 2:35 pm

Hi All

I have been granted a Returning Resident Visa as my ILR had become invalid as we were living outside of the UK for more than two years.

I was admitted entry to the UK last week without any issues however I now notice that on my UK Entry Clearance visa/sticker that has been put in my passport (alongside my original ILR visa sticker) has a valid from and valid until date - six months in total.

My question is - is the expiry date of Feb 2017 only meant to be the date in which I had to arrive in the UK or is there something else I will need to do after then? I'm hoping it's the former!

The Visa is a Type D - Returning Resident with the Observation of Settlement: Indefinite leave to remain.

I'm assuming I can now resume work and will be able to travel away on holidays outside the UK as it was when on my original ILR...

Any advice would be most appreciated!

haiksuresh
Member of Standing
Posts: 448
Joined: Mon May 12, 2008 7:11 pm

Re: Returning Resident Validity

Post by haiksuresh » Wed Aug 10, 2016 2:42 pm

Hi Emma,
Did you apply Returning Resident Visa before coming to UK or You try to enter UK using ur old ILR visa, And border agency put a stamp on ur passport as Returning Resident with validity ?

Regards,
Suresh

User avatar
CR001
Moderator
Posts: 88115
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Returning Resident Validity

Post by CR001 » Wed Aug 10, 2016 2:49 pm

haiksuresh wrote:Hi Emma,
Did you apply Returning Resident Visa before coming to UK or You try to enter UK using ur old ILR visa, And border agency put a stamp on ur passport as Returning Resident with validity ?

Regards,
Suresh
The OP applied before traveling to the UK and has a vignette in the passport.
The Visa is a Type D - Returning Resident with the Observation of Settlement: Indefinite leave to remain.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

emma_james77
Newly Registered
Posts: 4
Joined: Wed Aug 10, 2016 2:19 pm

Re: Returning Resident Validity

Post by emma_james77 » Wed Aug 10, 2016 2:55 pm

Hi, yes, I applied in Melbourne before traveling to the UK so the visa was in my passport and all above board when we arrived.

We're having a few weeks holiday before we begin new jobs in September. The Valid From date on my visa states 23rd August 2016.

It's the Valid Until date that worries me and I can't seem to find anything relating to this on the Gov.Uk website...

Thanks

User avatar
CR001
Moderator
Posts: 88115
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Returning Resident Validity

Post by CR001 » Wed Aug 10, 2016 3:09 pm

emma_james77 wrote:The Valid From date on my visa states 23rd August 2016.
Is this the valid from date on the returning resident vignette? If yes, you should only have entered the UK on or after this date to active the RR visa.

Seems you may have been admitted to the UK as a 'visitor' for 6 months.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

emma_james77
Newly Registered
Posts: 4
Joined: Wed Aug 10, 2016 2:19 pm

Re: Returning Resident Validity

Post by emma_james77 » Wed Aug 10, 2016 3:22 pm

Yes, the 'valid from' date was on the Returning Resident Visa.
When applying for it in Australia it asked for an estimated arrival date - to which I put 23rd August.
We are having a family holiday for a month which is the reason we arrived earlier. I am of the understanding that the RR/ILR visa will not become valid until this date - which is why we're waiting until September to begin work.
I believe this ok?
Surely I wont have to leave and re-enter the UK again in order for the RR visa to be 'active'?
If so, a trip to Ireland for the day may be on the cards..

User avatar
CR001
Moderator
Posts: 88115
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Returning Resident Validity

Post by CR001 » Wed Aug 10, 2016 4:02 pm

Your RR visa has to be 'activated' on arrival, not from within the UK, which can only be from the valid from date, which is why you have been admitted as a visitor and not a returning resident.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Returning Resident Validity

Post by vinny » Wed Aug 10, 2016 4:42 pm

The returning resident endorsement is correct. However, entering before the effective date may be a problem.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Returning Resident Validity

Post by Wanderer » Wed Aug 10, 2016 5:06 pm

Don't want to scaremonger but would this mean ILR is now lost?
An chéad stad eile Stáisiún Uí Chonghaile....

emma_james77
Newly Registered
Posts: 4
Joined: Wed Aug 10, 2016 2:19 pm

Re: Returning Resident Validity

Post by emma_james77 » Wed Aug 10, 2016 9:33 pm

Thanks Char, to be on the safe side, I think we'll take a family trip to Ireland or mainland Europe for a few days and return to the UK after the Valid From date in order to 'activate' the Returning Resident Visa. :)

User avatar
CR001
Moderator
Posts: 88115
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Returning Resident Validity

Post by CR001 » Wed Aug 10, 2016 9:54 pm

emma_james77 wrote:Thanks Char, to be on the safe side, I think we'll take a family trip to Ireland or mainland Europe for a few days and return to the UK after the Valid From date in order to 'activate' the Returning Resident Visa. :)
You need to make sure your RR visa is stamped by IO at airport when you return.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

haiksuresh
Member of Standing
Posts: 448
Joined: Mon May 12, 2008 7:11 pm

Re: Returning Resident Validity

Post by haiksuresh » Wed Aug 10, 2016 11:40 pm

Hi emma,
How long you have been away from UK ? What was the fee you paid for returning resident visa ? Is it require to pay NHS surcharge ?

do you need to extend your stay after 6 months validity ? When will get get your ILR status back ?

Sorry so many questions :-) I was curious to know about returning resident visa and further process.

Regards,
Suresh

asp
Junior Member
Posts: 85
Joined: Fri Feb 27, 2009 2:51 pm

Re: Returning Resident Validity

Post by asp » Thu Aug 11, 2016 9:22 am

Your residence can only be restored if the vignette is presented to and accepted by IO at some point during its six month validity period. You do not have a right to work until that happens, despite being physically present in the UK. In law the IO cannot activate the entry clearance vignette before the valid from date even if s/he date stamps it on an earlier arrival and the vignette cannot activate itself on 23 Aug...

A trip to Ireland won't work as you will not see an IO on return. A trip to France would work.

Locked