Recently we have received a large influx of enquiries on the issue of returning residents. The common presumption amongst many Applicants is that they can leave the UK for large periods of time and return without having to satisfy the UK immigration rules. The Home Office have made it clear that if you do not have British status and have been away from the UK for more than 2 years you will be required to apply for a Returning ResidentVisa before you can enter the UK.Returning Resident Visa applications can be made by LEXVISA Solicitors
Do I need a Returning Resident Visa?
We often get asked the question “do I need a Returning Resident Visa?” If you have been outside the UK for a period of over 2 years the answer is yes. In order to return to the UK as a returning resident, you must plan to reside in the UK permanently on your return and have exceptional reasons for your absence.
The basic eligibility requirements you must satisfy in order to be granted a Returning Resident Visa is that you must demonstrate that you plan on returning to the UK permanently and have been settled in the UK in the past. In addition to these, you must also show that you have not previously departed from the UK using public funds. However, you will not need a Returning Resident Visa to enter the UK, if you have been residing outside the UK for a period below 2 years or have lost your immigration documents during this period.
Seeking Entry to the UK as Returning Resident
If an immigration officer is satisfied you meet the following points, you will not be required to apply for a Returning Resident Visa to enter the UK:
- You had indefinite leave to enter or remain in the UK when you last left the UK; and
- You have not been away more than 2 years; and
- You did not rely on public funds when you last departed from the UK, and lastly
- You now seek to enter the UK to settle.
To be granted a Returning Resident Visa you must be able to demonstrate that there were exceptional and compelling circumstances/reasons to why you had been absent from the UK for a period of over 2 years.
Evidence of reasons given by a Returning Resident to the UK Home Office
In addition to the above, you must also provide strong evidence of your personal circumstances and reasons why you wish to return to the UK. You must be able to provide evidence in relation to the following:
1. Your family ties to the UK (i.e. you must provide strong evidence demonstrating your family is permanent and settled in the UK);
2. You have spent the majority of your life in the UK (you will be required to produce documentary evidence showing that you have been present in the UK for the majority of your life); and
3. It is likely you will also be required to provide information on your personal circumstances which show why you have been living out the UK for a more than 2 years (i.e. you may have had to look after a terminally ill parent or relative who had no support unit available).
Advice from UK Immigration Solicitors on Submitting a successful Returning Residents Visa Application
Our team of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client-tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your UK Spouse Visa application by providing you with advice from our leading team of solicitors before your matter even reaches the Home Office. We can assist you with the preparation of your visa application and ensure that you meet all the requirements of the relevant rules.
If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
If you need professional legal advice about submitting a successful UK Fiancée Visa application please contact us for a case assessment on 02071830570. You can also reach us via our contact form.