RETURNING RESIDENT RULES FOR ILR HOLDERS | UK VISA & IMMIGRATION ADVICE | GSN IMMIGRATION

The Home Office has finally consolidated the immigration rules about “returning residents”, i.e. migrants who previously held settlement but who have lost it because of being outside the UK for too long. The rules were found in different places but now they have been tidied up and put together in the relevant part of the immigration rules, making them easier to access and understand.
It also looks as though the rules are being much more strictly operated now than they were historically.
The rules tell us that somebody who was granted settlement (also known as “indefinite leave to remain”) under general immigration categories - i.e. categories other than the EU Settlement Scheme - will lose their settlement status automatically “by operation of law” if they stay outside the UK continuously for more than two years.
They also tell us that EEA migrants and family members granted Settled Status can stay outside for up to five years, with the exception of Swiss nationals and family members, who can stay outside for only four years.
So there we have it: two years, five years or four years, depending on the category.
It can sometimes happen that a person arrives at the UK border when their settlement status has been lost - perhaps in some cases because they are not aware of it. Historically such migrants might have been granted leave to enter as a visitor and advised to contact the Home Office to try and get their status restored.
But published Home Office policies indicate that this might not happen any more and that such a person might not be admitted to the UK and might be removed back to where they came from.
It hardly needs to be said that this would not be a good situation to get into, and the best course of action, if you have stayed outside the UK for too long, is to apply for an entry clearance visa as a returning resident. For a strong application, you would need to show that you have maintained strong links with the UK and that you intend to return to the UK for the purpose of settlement.
GSN Immigration is an OISC-registered Level 3 Immigration Law Firm. We serve clients from all around the world and if you have any Immigration related queries about UK Visas & Immigration Law feel free to contact us.
CONTACT DETAILS:
📞[phone]
📞[phone]
📧[e-mail]
FOLLOW US ON:
➤Facebook: / gsnimmigration​
➤LinkedIn: / gsnimmigration
➤Twitter: / gsnimmigration​
➤Instagram: / gsnimmigration
WEBSITE
🌏gsnimmigration.co.uk​
ADDRESS
West End Office
1 Mayfair Place,
Devonshire House
London W1J 8AJ
City Office
New Broad Street House,
35 New Broad Street,
London
EC2M 1NH

[@user-zj9jv1jn6b]

AppreciateD

[@1layoutss]

Hi there , Thank you for this video. Please can you give me some advise on my case. I lived and worked in the UK from 2016 to November 2019 and them went back to the Netherlands. Now I want to return to the UK on a returning resident visa. Is this possible. Hoping to hear from you Kind regards

[@user-bf3bf2fq9g]

Hi.l have over-stayed in Monrovia Liberia , please inform me on what steps to take.I am a property owner in UK.

[@GSNImmigrationLtd]

Do you know if you have lost your ILR? Contact us and book a consultation with Oliver for case-specific advice. [e-mail]

[@helenadasilvamarinho3266]

Hi, one question, would there be any chance of getting a return visa taking into account that I have been out of the UK for 18 years?

[@GSNImmigrationLtd]

In your case, it is best to take case-specific advice. You can book a Zoom appointment with us. [e-mail]