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Returning Resident: Regain Settlement in the UK - 2025 Guidance

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If you previously held Indefinite Leave to Remain (ILR), also known as settlement in the UK, and your status has lapsed due to an extended absence abroad, you may be eligible to return to the UK as a Returning Resident.

This route allows former settled residents to return to the UK for the purpose of resuming their residence.

Applications must be made from outside the UK. If successful, applicants will be granted Indefinite Leave to Enter the UK.

When Does Indefinite Leave to Remain Lapse?

Your ILR will lapse if you are absent from the UK for:

  • 5 years, if you were settled under the EU Settlement Scheme (EUSS)
  • 4 years, if you were settled under the EUSS as a Swiss national or family member of a Swiss citizen
  • 2 years, if you held ILR under any other routes

You may still hold a paper document or a vignette sticker in your passport, indicating that you have Indefinite Leave to Remain, or your online eVisa status may still show you have Indefinite Leave to Remain. However, it is no longer valid.

Proving Strong Ties to the UK

When assessing whether a person has maintained strong connections to the UK, the Home Office may consider factors such as:

  • ongoing family ties in the UK;
  • property, business, or financial interests in the UK; (this alone will unlikely be sufficient)
  • the length of previous residence in the UK;
  • the length of the absence;
  • reasons for leaving the UK and intentions for returning;
  • Any other relevant or compassionate circumstances, such as a long period of study abroad, or a long medical treatment abroad not available in the UK;

Each application is assessed on its individual merits, and the decision is discretionary. It is important to present clear and compelling evidence.

Applying for Returning Resident Before Entry

The application fee for a Returning Resident application is £682.00 (at the time of writing). If the application is successful, the applicant will be granted Indefinite Leave to Enter. If the application is refused, the applicant can seek an administrative review of the decision. 

How Angelov Solicitors Can Help

Our immigration lawyers provide expert support with Returning Resident visa applications, including assessing eligibility, preparing supporting documentation, and building persuasive representations tailored to your circumstances. If your ILR has lapsed and you wish to return to the UK permanently, we are here to guide you through the process.

How Can Angelov Solicitors Help?

Detailed Assessment of Full Immigration History

During our initial consultation, we will assess whether your previous Indefinite Leave to Remain (ILR) has lapsed due to a prolonged absence from the UK, and whether you meet the eligibility criteria to return for settlement. We will consider factors such as your ties to the UK, the length and reasons for your absence, and any compassionate or compelling circumstances.

Detailed Written Legal Advice & Documents

Once we are instructed on a full representation basis, we will provide you with written legal advice that clearly explains your eligibility, addresses any concerns, including practical guidance on what documents you need to gather and how to overcome any weaknesses.

Comprehensive Letter of Representations

We will prepare a detailed, well-structured Letter of Representations to carefully explain how you meet the requirements and addressing any issues in line with the Immigration Rules and guidance.

Need Assistance with Your Returning Resident Visa Application?

To discuss your UK Immigration application with one of our solicitors, contact our lawyers on 020 8088 2555,  complete our contact form below, or book a free 15 minutes complimentary discussion.

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