If you are a settled resident of the United Kingdom with indefinite leave to remain (“ILR”), commonly referred to as “permanent residence,” and are considering an extended stay abroad, it’s crucial to understand the immigration rules for returning residents. This article will provide detailed insights into the regulations, recent changes, and the process of restoring ILR for those who have been absent for more than two years.
Understanding the Basics: ILR and Returning Residents
Indefinite leave to remain (“ILR”) grants residents the right to live and work in the UK without the need for visa extensions. However, it’s not as permanent as it sounds. Deportation or staying outside the UK for an extended period can lead to the automatic lapse of ILR. For EU and EEA citizens, the maximum period for absence is five years, while Swiss citizens have four years. For others, the limit is two years.
The Irene Clennell Case and Changes in Rules
The case of Irene Clennell brought attention to the potential pitfalls of staying abroad for an extended period. In response, the government introduced changes in June 2018 to distinguish between those absent for less than two years and those whose ILR lapsed due to a more extended absence. This led to the creation of Appendix Returning Resident, outlining eligibility requirements for former residents returning to live long-term.
Eligibility Requirements for Returning Residents
To return to the UK and restore ILR, individuals must meet specific criteria outlined in Appendix Returning Resident:
- Entry Requirement: Applicants must apply for and obtain entry clearance as a Returning Resident before arriving in the UK.
- Medical Certificate: A valid medical certificate is required if Appendix Tuberculosis applies.
- Previous Settlement: Applicants must have previously been granted settlement in the UK, which lapsed due to their absence.
- Intention to Settle: Decision-makers must be satisfied that the applicant genuinely intends to return to the UK for settlement.
- No Public Funds Assistance: Applicants must not have received public funds assistance toward leaving the UK.
- Strong Ties to the UK: Decision-makers must be satisfied that the applicant maintained strong ties to the UK during their absence.
Exercising Discretion: Paragraph RR 8.1
A crucial element is paragraph RR 8.1, providing immigration officials with discretion to readmit individuals absent for more than two years. However, relying on this discretion alone may not be ideal, considering the unpredictability of immigration officials’ decisions.
Guidance for Returning Residents: Factors Considered
The Home Office’s guidance provides insights into how discretion should be exercised. Key factors include:
- Strength of Ties: Family, property, or business ties are considered, with family connections given priority.
- Length of Original Residence: Longer periods of original residence increase the likelihood of admission.
- Time Outside the UK: Longer periods outside the UK make it more challenging to demonstrate strong ties.
- COVID-19 Impact: The pandemic’s travel restrictions are acknowledged as a legitimate reason for absence.
Applying for Returning Resident Visa
Since July 2018, individuals with lapsed ILR must apply for a returning resident visa before re-entering the UK. This application, costing £637, allows for a comprehensive resolution of issues before travel. If refused, administrative review options are available, and in specific cases, a human rights appeal may be pursued.
Challenges at the UK Border
With the requirement to apply for entry clearance before travel, decisions on admitting returning residents are no longer made at the UK border. Lack of awareness regarding this requirement may lead to unwelcome surprises at the border for those previously granted “indefinite” status.
Why Choose Our Leading London Law Firm?
Navigating the complexities of ILR for returning residents requires expert guidance. Our leading London Law Firm boasts specialist Immigration Solicitors with a proven track record. Choosing our firm ensures meticulous preparation and submission of your Returning Resident ILR application. Our dedicated Immigration team understand the nuances of the rules, maximising your chances of a successful outcome. Don’t leave your immigration status to chance – instruct our leading London Law Firm for a seamless return to the UK.
In conclusion, understanding the immigration rules for settled returning residents is crucial for maintaining indefinite leave to remain. The Appendix Returning Resident provides a framework for eligibility, but the discretion exercised by immigration officials necessitates expert guidance. Choose our leading London Law Firm and specialist Immigration Solicitors for a smooth and successful Returning Resident ILR application.
Contact Us
We are a UK law firm based in Middle Temple, London and our solicitors are fully authorised by the Solicitors Regulation Authority (SRA). Contact our professional personal immigration team today and we can offer you a consultation in person or via telephone or Teams so we can explore your options. You can leave us a message on our Contact Form or give us a call on 02030110276. For in-depth guidance and support, choose our leading London Immigration Law Firm to ensure a seamless and compliant UK visa experience.