Once any person is granted indefinite leave to remain or enter they can stay in the UK for an indefinite time without any restrictions. However, you cannot spend more than 2 consecutive years outside of the UK. And if you are outside the UK for more than 2 consecutive years, you automatically lose your indefinite leave status.
Should this happen you will need to apply for entry clearance as a Returning Resident from outside the UK in accordance with paragraph 18 of the Immigration Rules.
Requirements for Returning Residents
If you have been outside the UK for less than 2 years, you will be readmitted to the UK with ILR status intact. But you also need to meet the following conditions to resume their residence in the UK as a returning resident:
- You had indefinite leave to enter or remain in the UK when you left the UK.
- You have not been outside the UK for more than 2 years; and
- You did not receive any sort of public funds to meet the cost of leaving the UK and
- Now, you are seeking admission in the UK for settlement.
But if you have been outside the UK for more than 2 consecutive years, you need to apply for a returning resident visa to get admission to the UK. So, for a successful Returning Resident visa you must show what exceptional circumstances you had to leave and stay away from the UK for more than 2 years and if you fail to prove this you will not get a Returning Resident visa. Apart from this, you must also show strong reasons with strong ties to the UK and your intention to make the UK your permanent home. So, you must show the following pieces of evidence to prove this:
- You have strong family ties to the UK.
- You lived most of your life in the UK.
- What are your current circumstances and why you have lived away from the UK?
The exception to the rule
If you with the status of indefinite leave to remain or enter have lived outside the UK for over 2 years with your spouse, civil partner, unmarried partner or same-sex partner on an overseas posting, you will not lose your indefinite leave status provided your spouse or partner is one of the following:
- A member of HM Forces serving overseas or
- A permanent member of the Diplomatic Service.
- A UK-based British Council employee who works outside the UK.
- An employee of the Department for International Development (DFID).
- An employee of Home Office UK.
Documents required for returning resident vis
When you apply for Returning Resident visa you are required to provide the following documents:
- Your current passport or other valid travel identification document.
- Your previous passports.
- Documents proving the fact that you have strong ties to the UK, for example, you can show documents to prove that you have earned income, or rented or owned property, in the UK.
You may have to submit additional documents as well depending on your circumstances.
If you are looking to apply for a Returning Resident Visa contact Visa and Migration Ltd on +44(0)2034111261.