ILR

Indefinite Leave to Remain. Image: AdobeStock

The Returning Resident Application for persons who lost their ILR Status

Many persons have the predicament that they have lost their Indefinite Leave to Remain (ILR) status in the UK.

ILR

Indefinite Leave to Remain. Image: AdobeStock

The loss of the status of ILR is because they have been outside the UK for more than two years. 

Fortunately, there is a way to rectify the situation. It is possible to apply to return to the UK with the Returning Resident Application. However, readers have to note that there are strict criteria. One also must provide strong and sufficient evidence to support the Returning Resident application.  

Indefinite Leave to Remain and the UK Immigration Rules

It is possible to return to the UK with your status of ILR if you have been outside of the UK for LESS than two years. 

However, a person will lose their status of ILR if they are outside the UK for MORE than two years. 

The Returning Resident Application 

When a person applies as a Returning Resident, they must fulfil several criteria and provide sufficient evidence to support the application. You have to fulfil, among other things, the following criteria:  

  • You have to prove that you have strong social- and economic ties to the UK. 
  • Provide a valid reason for your absence from the UK. 
  • You need to show that you intend to settle in the UK permanently. 

It is important to note that Returning Resident applications are never straightforward. They are also granted on a discretionary basis. UK Visas and Immigration will also look at the length of time spent in the UK after receiving Indefinite Leave to Remain and time spent outside the UK.

What happens after the Returning Resident application is granted?

Once the Returning Resident application is approved, you will be issued with Indefinite Leave to Enter. 

You will initially only receive a vignette. The vignette will be valid for either three or six months. Upon arrival in the UK, you will have to apply for a bio-residency permit (BRP). You can use the BRP for work and travel purposes.

How Breytenbachs can help you

Breytenbachs Immigration Consultants have successfully assisted many clients with their Returning Resident applications. However, it is a discretionary application, and it is crucial to submit strong evidence to support the application. Fortunately, your Breytenbachs consultant will be able to assist you in this regard.  

If you have held ILR and been outside the UK for more than two years and wish to return to the UK for permanent settlement, we can evaluate whether or not you will qualify as a Returning Resident. We recommend that readers who have lost their ILR Status consult with one of our expert Immigration Consultants. They will evaluate your specific circumstances and advise on the situation. 

If you are interested or would like to discuss other visa options, please email us at info@bic-immigration.com or phone your closest Breytenbachs office at the following contact details Durban – 031 880 2777, Cape Town – 021 830 5246 or Pretoria – 021 460 9959. You can also contact our London office at +44 207 442 2160. 

Please note that the information in this article does not constitute professional advice. It is provided for general information purposes without any warranty of any kind, either expressed or implied.