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Who Needs a Returning Resident Visa
A Returning Resident visa is required for individuals who previously held Indefinite Leave to Remain (ILR) in the UK but lost this status due to prolonged absence from the country.
Automatic Lapse of ILR:
ILR is automatically invalidated if the holder is absent from the UK for 2 years or more.
Special Rules for EEA Nationals:
EEA nationals with settled status (under the EU Settlement Scheme) lose it after 5 years of absence.
Swiss nationals lose ILR after 4 years of absence.
Where to Apply:
The Returning Resident visa must be applied for from outside the UK.Recent Change (October 2023):
Individuals who previously held ILR and entered the UK on a visitor visa after their ILR had lapsed are now still eligible to apply for a Returning Resident visa — as long as they apply from outside the UK
If a non-visa national with past ILR was outside the UK for 2+ years and entered as a visitor, they can still apply for a Returning Resident visa upon returning to their home country or country of legal residence.
If you believe you may be eligible or are unsure of your status, it’s highly advisable to consult an immigration consultants before making an application.
Documents Required for a Returning Resident Visa Application
Evidence of Previously Held ILR
To prove your previous indefinite leave to remain (ILR) status, submit:
BRP card showing ILR
Passport vignette marked “indefinite leave to remain” or “indefinite leave to enter”
Home Office letter confirming ILR
Old passports showing no visa that replaced ILR
A full list of trips in and out of the UK during your ILR period
2. Reasons for Leaving the UK
You must explain why you left the UK. Supporting documents may include:
Work contracts or job offer letters abroad
University acceptance letters or overseas transcripts
Evidence of family or medical obligations abroad
Travel tickets or foreign visas/residence permits
3. Reasons for Returning to the UK
You should demonstrate strong ties and intention to return to the UK:
Birth or marriage certificates of family members in the UK
UK property deeds, tenancy agreements
Job offers, employer references, or UK pension documents
UK bank account statements
NHS records or GP registration
Letters of support from UK-based family or friends
Dependants of the Returning Resident
Each family member must apply for a Returning Resident visa in their own right.
If a dependant previously held indefinite leave to remain (ILR) before leaving the UK, they can apply as a returning resident.
If the family member did not hold ILR or has never lived in the UK, they cannot apply as a returning resident.
Instead, they will need to apply under Appendix FM of the Immigration Rules (the family route), such as:
Spouse or partner visa
Child visa
Adult dependent relative visa
It’s essential to determine the right route based on their previous immigration history and current relationship to the main applicant
How Much It Costs to Apply for a Returning Resident Visa
UKVI visa application fee: £637
Immigration Health Surcharge (IHS): Not applicable for Returning Resident visas
Legal fees: These vary based on:
Complexity of your case
Urgency of the application
Volume and type of supporting documents required
It is advisable to consult an immigration consultants to receive a tailored quote based on your specific circumstances.
How to Apply
Submit your application online:
Use the following link to start the process – Make an online application.Upload your documents:
All required documents must be uploaded through the government’s online portal.Attend a biometric appointment:
You must attend a visa application centre to provide your fingerprints and a photograph as part of the application process.
Why It Is Recommended to Get Legal Help
No right of appeal:
Returning resident visa decisions are discretionary, and there is no automatic right of appeal against a refusal.Maximising your chances:
While legal representatives cannot guarantee success, they can ensure your application is as strong as possible.One chance to present your case:
If refused, you can apply for administrative review—but you cannot submit new evidence at that stage. Your legal team will ensure all relevant documents and arguments are submitted upfront.Efficient and strategic:
consultants will help structure your case clearly, potentially speeding up the decision and improving the outcome.
Is Visiting the UK Enough to Protect My ILR?
As the Immigration Rules currently stand, visiting the UK once every two years is sufficient to maintain your Indefinite Leave to Remain (ILR).
Previously, before October 2023, the rules required you to return for settlement within the two-year period, and a short visit alone was not enough. However, that requirement was removed, and now there is no rule mandating a return to the UK specifically for the purpose of keeping ILR valid.
Does an Immigration Officer at the Border Have Discretion to Revive My ILR?
No, immigration officers do not have discretion to revive your ILR if you have been absent from the UK for more than 2 years. However, they also do not have discretion to cancel your ILR if you are returning for a short visit within the two-year period.
Can I Apply for a Returning Resident Visa After Returning to the UK?
No, the application for a returning resident visa must be made from outside the UK.
If you have been absent for 2 years or more, you may be admitted to the UK as a visitor, but you will not be able to switch from visitor status to ILR while in the UK.