Returning Resident Visa and Lapsing Rules

If you have ILR or settled status in the UK, you can live, work, or study in the UK indefinitely. Even though ILR status is a permanent status, you may lose it if you stay outside the UK and Island:

For more than 2 years
For more than 5 years if you had settled status under EUSS
For more than 4 years if you had settled status under EUSS and you are a Swiss citizen or a family member of a Swiss citizen

If there is a lapse in your ILR and you wish to come back to the UK, you may have to apply for a Returning Resident visa. A returning resident visa is for those who once had ILR but lost it due to a prolonged stay outside the UK. If your visa is successful, you can re enter the UK and regain your ILR or settled status.

Eligibility for Returning Resident Visa

You need to meet the following eligibility criteria.

You must have been granted ILR at some time in the past. This proves that the UK once recognized you as a permanent resident.
You need to show that your long absence was not intentional and that you always meant to make the UK your home.
You must provide evidence that you still have strong links to the UK. This can include family, property, a job offer, or ongoing investments. The aim is to convince the Home Office that you have a reason to live in the UK permanently.
You must have a clean record with no major criminal offenses or past violations of immigration laws. The Home Office will review your immigration history to ensure you have a good character.
You must show that you plan to live in the UK permanently if your Returning Resident visa is granted.

Documents Required

You need to upload the following documents for a returning resident visa.

Previous BRP (Biometric Permanent Residence) or evidence of ILR (Indefinite Leave to Remain)
Proof of your residence in the UK before you left the country, such as utility bills, tenancy agreements, etc.
Reasons for staying outside the UK for so long, such as illness, family responsibilities, and the global pandemic.
Evidence to show your strong UK ties, such as property ownership, job offers, family, etc.
Bank statements or other financial documents that show you have the means to support yourself upon returning to the UK.

Apply Online

You need to apply from outside the UK using the ‘UKA/ROA/RR’ form or the ‘Windrush Scheme application (Overseas) form if you are applying under the Windrush Scheme. After that, pay the application fee (no fee is required for the Windrush Scheme) and make an appointment at a Visa Application Center (VAC).

At the VAC you need to enroll your biometric (fingerprints and photograph) information. Usually, it takes several weeks to get a decision on your application.

Prevent Your ILR or Settled Status from Lapsing

You should return to the UK at least once every 2 years to maintain your ILR status.
You need to ensure your documents (BRP) are valid and reflect your current status.
You need to maintain strong UK ties through a property in the UK, maintaining a UK bank account, or working remotely for a UK employer.
You should stay informed about the UK’s immigration rules because laws and eligibility criteria keep changing from time to time. You should keep yourself updated through the official UK Home Office website, GOV.UK.

Final Thoughts

You should avoid staying outside the UK for more than 2 years to prevent your ILR status from lapsing. However, if for some unavoidable reason you have to stay outside the UK, you need to inform the UKVI officials about it. If your ILR or settled status has lapsed, you need to apply for entry clearance or a returning resident visa to return to the UK and regain your ILR or settled
status. For clear guidance, you should take help from an expert immigration lawyer.

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