As a person with indefinite leave to remain, you would expect that this will not be taken away from you. If you have been away from the UK for more than two years however, you must technically ask for permission to return to the UK.

While this entry clearance process can be complex and daunting, at GB Immigration our expert team understand you want to resume your life in the UK quickly and with minimal disruption and expense.

Applying for a returning resident visa

We can assist you with applying for a returning resident visa to come back to live in the UK if you were previously settled and you have now either:

  • Lost your permanent residence documentation
  • Been away for more than two years

It is important that you had been settled before you last left the UK and that you plan to return to live in the UK permanently.

The longer you have been away, the more imperative it is to show that there are exceptional circumstances that have led you being out of the country for this long. In the leading case of R v Secretary of State, ex p Ademuyiwa [1986] Imm AR 1 it was held that the following factors are relevant when a person has been away for more than two years:

  1. the length of his original residence here;
  2. the time the applicant has been outside the United Kingdom;
  3. the reason for the delay beyond the 2 years – was it through his own wish or no fault of his own?
  4. Could he reasonably have been expected to return within 2 years?
  5. why did he go abroad when he did and what were his intentions?
  6. the nature of his family ties here – how close are they, and to what extent has he maintained them in his absence?
  7. whether he has a home in the United Kingdom and, if admitted, would resume his residency.

A successful application

A successful application will mean that the child and parent(s) will be given leave to remain for a period of two and a half years. You will be placed on a ten-year route to settlement.

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Returning Resident

Applying for a returning residence visa

If you wish to apply for a returning resident visa, we can assist you in the submission of the application to the British diplomatic post in your country of residence.

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Your dependants

If you wish to bring your dependants back into the UK with you, then they will need to apply separately for a returning resident visa if they are eligible or make an application for a visa under separate relevant immigration routes. We can assist you in this process.

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Head Office

De Montfort House, 1 De Montfort Square, Leicester, LE1 7ER

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0800 368 8939