Returning Resident Visa UK
Having Indefinite Leave to Remain in UK or Permanent residence or settled status in UK has immense perks and benefits. It’s a major milestone in the journey of a migrant in the UK. As soon as an individual acquires ILR or PR, they can remain in the UK for as long as they desire and restrictions regarding their leave are cancelled.
ILR helps to get any visa restrictions lifted. British nationals and a person holding ILR enjoy the same benefits in the UK except for voting on a general election and the benefit of international travel that British passport holders enjoy. ILR is mandatory before applying to be a British national.
How to Apply For Returning Resident Visa
Having Permanent Residence or ILR which stands for indefinite leave to remain in the UK has immense perks and benefits. It’s a major milestone in the journey of a migrant in the UK. As soon as an individual acquires ILR or PR, they can remain in the UK for as long as they desire and restrictions regarding their leave are cancelled.
ILR helps to get any visa restrictions lifted. British nationals and a person holding ILR enjoy the same benefits in the UK except for voting on a general election and the benefit of international travel that British passport holders enjoy. ILR is mandatory before applying to be a British national.
Reasons for Losing UK ILR
Given how valuable ILR is, the question of how one can lose indefinite leave to remain becomes significant. Although most people are aware that ILR can be lost through a consecutive absence from the UK for two years but that’s not all. Revocation of ILR usually takes place in cases that involve criminality, deportation or use of deception in acquiring indefinite leave to remain. There can be several reasons for which you can lose your ILR listed as follows:
- ILR is revoked if a person is liable to deportation or administrative removal but cannot be deported under Refugee Convention of Human Rights (ECHR).
- ILR is also revoked if a person had obtained leave by deception.
- ILR lapses if a person remains outside of UK for more than two years.
- Finally ILR is revoked if a person ceases to be refugee due to their own actions.
According to the UK law, if a person is not present in UK for a period of two consecutive years-they will automatically lose their ILR. The provisions for the same are contained in paragraph 20 of the Immigration Rules and Article 13 of the Immigration Order 2000. This implies that the ILR will become invalid by the rule of law even though the concerned person may possess the related documents such as BRP card or stamp in their passport. There are only few exceptions to this rule such as for those serving overseas for the UK government.
Re-admission Criteria for Returning Residents
Re-admission of a person after their ILR is revoked is based on the following major factors:
- The circumstances in which the person left UK and the reason of their absence.
- The cause of the person’s wish to return.
- Whether they will continue to live in the UK upon re-admission.
- The length of the person’s original residence in UK as well as the duration of absence.
- Strength of ties to the UK which includes nature of those ties and extent to which they were maintained in the person’s absence.
For ILR restoration and a successful returning resident application, you will need assistance especially from a UK Immigration lawyer which can be availed at SmartMove2UK.
Paragraph 18 – Immigration Rules
It may seem to returning residents that an occasional visit within every two years would solve the problem of ILR lapse however the reality is not the same. There are few other criteria you need to satisfy.
Paragraph 18 of the Immigration Rules needs to be considered on order to resume residence in the UK. The Immigration Officer has to be satisfied whether the person concerned:
- Had indefinite leave to enter or remain in the UK when they left.
- Has not been away from the UK for more than two years.
- Did not receive any assistance from public funds regarding leaving the UK.
- Now seeks admission in the United Kingdom for the purpose of settlement.
The above conditions bring forth an important point yet often overlooked that the returning resident should not have been away from the UK for more than two years but also seeks settlement on his/her return. Hence a short return to the UK in every two years may result in ILR cancellation at the border.
UK Visa Application Process for an entry clearance
Individuals who wish to apply for an entry clearance for the purpose of travelling to the UK as returning resident need to submit an online application. Along with completing the form, the applicant also needs to provide the necessary and relevant documents and evidences. Any dependents or partners have to apply separately if they are eligible.
Conclusion
To sum it all up, the road for re-admission for a returning resident is not a cake walk. The laws are not always straightforward and hence difficult to interpret. Also if decision is made to cancel ILR due to change of circumstances, the person will have right to administrative review which is of limited scope. In this case you need assistance and help since this is a very serious matter and you can’t afford to make any mistakes. For any assistance or information regarding permanent residence or ILR, The Smartmove2UK is the place you should go to. In order to avail the best of services and guidance from UK Visa experts, The Smartmove2UK is the ideal place especially for returning residents visa applications to the United Kingdom.
Client success story for their Returning Resident Visa with a gap of 10 years:
It was a brilliant experience with The SmartMove2UK for getting our Returning Resident Visa. Initially we were not so optimistic about Returning Resident visa, as this is one of the most difficult UK visas to get. On top of that, our stay away from UK for 10 years, was not going to make things easier for us. But as we went ahead with the process with The SmartMove2UK team, the way they had helped us getting all the evidences together to make a strong case, writing a impactful cover letter, to guiding us in each step, made the whole process a great experience. Their team is well qualified and having remarkable knowledge in UK immigration laws.
Hemang Laaheru and the team at The SmartMove2UK were so helpful and kind to reply all the queries we had and went extra mile to make our UK Visa application successful! For us, this visa is life changing as it will provide us great opportunity to work, study and settling down permanently in UK. I would give them 10 stars if I could!! I would recommend anyone to use services of The SmartMove2UK team!
If you want to know more about UK Returning Resident Visa or need assistance in your UK Visa application 2020 then you can contact us on below given number. Our experts UK Returning Resident Visa Consultant are based in Mumbai | Delhi | Bangalore.
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