ILE As A Returning Resident

You can apply for entry clearance for Indefinite Leave to Enter (ILE) if your ILR becomes invalid due to consecutive absence from the UK for two years or more.

Absence Of 2 Years Or More

A person absent from the UK for more than two consecutive years will automatically lose their indefinite leave to remain (ILR) as a matter of law. This is in paragraph 20 of the Immigration Rules and Article 13 of the Immigration (Leave to Enter and Remain)Order 2000(LTERO).

Eligibility Requirements

A person absent for more than two years must apply for entry clearance as a returning resident and will be assessed by Entry Clearance Officers under paragraph 19 of the Rules.  You can apply for entry clearance for a returning resident visa UK to return to the UK as a resident if:

• you were settled (had ILR) in the UK when you last left, and
• you have been away for two years or more and
• you are returning to live here permanently and
• you must provide enough evidence to show:
  • your strong ties to the UK;
  • your current circumstances and why you’ve lived outside the UK.

Factors For Consideration

The Entry Clearance Officer (ECO) would consider the following factors when assessing whether a person can be readmitted to the UK as a returning resident under paragraph 19 of the Immigration Rules:

• their strength of ties to the UK, including
  • othe nature of those ties
  • the extent to which those ties have been maintained during the applicant’s absence
• the length of their original residence in the UK
• the length of time the applicant has been outside the UK
• the circumstances in which they left the UK, and their reasons for remaining absent
• their reasons for now wishing to return
• whether, if they were to be readmitted, they would continue to live in the UK
• any other compelling or compassionate factors

Strength Of Ties To The UK

A person’s ties to the UK may be evident in several ways. The nature of those ties and the degree to which those ties have been maintained during a person’s absence will need to be considered when assessing whether a person should be readmitted as a returning resident. Such relations may include (but are not limited to):

• family ties
• property ties
• business ties

Family Ties

Where a person has close family ties in the UK, which have been maintained during their absence, this indicates strong ties to the UK. The more immediate the family members are, for example, parents, spouse, partner, children or grandchildren, the greater the strength those ties are likely to have. However, relationships with wider family members, such as cousins or nieces and nephews, may also be considered if those ties have been closely maintained. The nature of any contact will also be considered. For example, regular visits from, or to, the applicant from family members in the UK will help demonstrate the strength of those ties. However, Such contact does not need to be made physically in person, and strong ties can still be shown where there has been regular contact through other means.

Property and Business Ties

Ties may also be in the form of property/business interests. This may be, for example, where the applicant owns their property in the UK or has a vested interest in an ongoing business venture within the UK. Ties based on property or business interests alone are unlikely to demonstrate strong ties to the UK but can be used with other factors to satisfy this.

Length Of Original Residence

Generally, the longer the period of original residence, the more likely the applicant will have developed strong ties to the UK and can be admitted as a returning resident. It is essential to consider the length of the original residence together with all other relevant factors. The Entry Clearance Officer (ECO) should accept an application solely based on a short period of original residence if the other evidence indicates the applicant’s strong ties to the UK.

Length Of Time Outside The UK

The length of time spent outside the UK will be essential when assessing whether a person can be readmitted as a returning resident. This must be evaluated against all other factors, including the time spent in the UK before they left.

Reasons for leaving and wishing to return

A person may leave the UK for a variety of reasons. This may include:

• to access health treatment overseas
• to care for family
• to retire
• for employment/self-employment
• study

These reasons sometimes mean a person remains outside the UK for over 2 years, so their indefinite leave lapses. The Entry Clearance Officer (ECO) should consider their reasons for leaving and, for now, wishing to return to the UK. For example, a person may have left the UK to care for family members and now wishes to return to the UK to retire.

Any Other Circumstances

Other more specific circumstances which would support the application are:

• Travel and service overseas with a particular employer before returning to the UK with the employer
• service abroad for the UK Government, or as a dependant of a member of HM Forces or as an employee of a quasi-governmental body, a British company or a United Nations organisation
• Employment abroad in the public service of a country that has good relations with the UK by a person who could not reasonably be expected to settle in that country permanently
• A prolonged period of study abroad by a person who wishes to rejoin the family in the UK on completion of studies
• prolonged medical treatment abroad of a kind not available in the UK

Additionally, other compelling or compassionate circumstances not mentioned above may need to be considered. Each case must be considered on its merits.

How Can We Help?

The immigration solicitors at SMB Solicitors are experts in dealing with applications for entry clearance as returning residents. We can represent you in your application for a returning resident visa and carry out all the work on your application until a decision is made by the Entry Clearance Officer (ECO) on your application. Work to be carried out by our immigration solicitors concerning your returning resident visa application may entail the following:

• assessing your circumstances to advise you on your eligibility for a returning resident visa for the UK;
• discussing your circumstances in detail with you and advising you about the weaknesses and strengths of your entry clearance application as a returning resident;
• advising you about the documentary evidence to be submitted in support of your application for a UK Visa as a returning resident;
• assessing the documentary evidence to be submitted in support of the application and discussing the same with you;
• completing the relevant entry clearance form online to apply for a returning resident visa;
• assisting you with payment of the application fee and booking of an appointment with the application centre for enrolment of your biometrics;
• prepare a detailed cover letter explaining in detail how you meet all the relevant legal requirements for your application to succeed;
• uploading all the supporting documents online to be considered in support of the application for entry clearance as a returning resident;
• Do all the follow-up work until the Entry Clearance Officer (ECO) decides on your entry clearance application.

How Much Do We Charge?

Unless your matter is very complicated, our fixed fees for entry clearance applications for returning resident visas are as given in the fee table below:

The agreed fixed fee will depend on the complexity of the entry clearance application for returning resident visas and the volume of casework involved in the application. In addition to our fixed fee for returning resident visas, the applicant must also pay the Home Office UKVI fees for the entry clearance application.