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Returning Resident

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A Returning Resident visa is for those who wish to come back to live in the UK after being previously settled (given 'indefinite leave to enter or remain') and they have either: lost their documentation. been away for more than 2 years.

Returning Resident Eligibility

You will be eligible to apply in this category if you have:

  • Held indefinite leave to remain in the UK;

  • Have been away from the UK for more than 2 years;

  • Have not had assistance from public funds in order to leave the UK ; and

  • Now you are seek to return to the UK for the purpose of settlement

If you have been deported from the UK due to your criminal convictions then you will not be able to apply under this category. In order to apply under this category you will need to provide evidence that you have ties to the UK, these may be social, employment, proprietary, family or any other ties. Exceptional circumstances are taken into consideration – such as that you have been away due to illness or any other reason which prevented you from returning to the United Kingdom.

The exception to the 2 years applies to following:

  • a British Dependent Territories Citizen (BDTC)

  • a British National (Overseas) (BN(0))

  • a British Overseas Citizen (BOC)

  • a British Protected Person (BPP);a British Subject (BS) by virtue of section 30(a) of the British Nationality Act 1981(who, immediately before 1 January 1983 would have been a British Subject not possessing citizenship of the UK and Colonies or the citizenship of any other Commonwealth country or territory)

The applicants who wish to apply under this category will have to make an application from outside the UK. This category falls under paragraph 18 and 19 of the Immigration rules.

The factors which will be taken into consideration when you make application:

  • The length of your original residence in the UK;

  • The time the applicant has been outside the United Kingdom;

  • The reason for the delay beyond the 2 years – was it through your own wish or no fault of your own?

  • Could you reasonably have been expected to return within 2 years?

  • The nature of his family ties in the UK – how close are they, and to what extent has he maintained them in his absence?

  • Whether you have a home in the United Kingdom and, if admitted, would resume his residency;

  • Whether you have business or employment in the UK;

  • Whether you have any other ties in the UK

Do you need to apply for a Returning Resident?
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We specialise exclusively in UK Immigration and Nationality Law. We are regulated by the Office of the Immigration Services Commissioner(OISC). We provide immigration services to clients from worldwide. Immigration law is complex and with the rules constantly changing we strongly recommend that you use specialists to support and represent you from the start. Call us now for an honest opinion of your case, possible costs and options.

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