Returning Resident

If you have been out of the UK for an extended amount of time, you may be able to return without restarting your route to citizenship.
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Returning Resident

If you have previously been settled in the UK and then left for an extended amount of time, you may be wondering if it is possible to return and continue from where you left off. This depends on how long you were away, and why. 

If you were away for less than 2 years, you may re-enter the UK as long as:

Simply show the stamp, vignette, or biometric residence permit (BRP) when you re-enter the UK. If it is in your old passport, enter with both your old and new passport. If your stamp, vignette, or BRP have been lost – you will not be able to reenter, however, you can apply to replace your BRP. 

If you have been away for more than 2 years, you will need to apply for a Returning Residents Visa. 

How we can help 

If you are unsure whether or not you qualify, or need assistance ensuring your supporting evidence is substantial enough, get in touch with our expert immigration lawyers. They have experience in handling complex cases and have worked with Home Office long enough to know what type of evidence is best.  

The below individuals and their dependants will not need to get a Returning Residents visa: 

For people who have been out of the UK, Channel Islands and the Isle of Man for more than 2 years, you may lose your indefinite leave to remain (ILR). However, in the below situations, you may still be able to enter:

  • If you settled under the EU Settlement Scheme (unless you are a Swiss citizen or family member), you may re-enter after being out of the UK for up to 5 continuous years.
  • If you are a Swiss citizen or family member under the EU Settlement Scheme, you may re-enter after being out of the UK for up to 4 continuous years.
  • For everyone else, you may only be out of the UK for a maximum of 2 continuous years.

Once out of the UK for more than 2 years, you need to apply for the Returning Residents visa.

You will maintain your settlement status (ILR) after 2 years outside of the UK if you:

  • Are a part of the British Armed Forces and you were posted overseas
  • You are a partner of a member of the British Armed Forces and joined them on their overseas posting.

No Returning Residents visa will be necessary, simply reenter the UK with the correct documentation.

If you are a UK government or British Council employee, you will maintain your settlement status (ILR) if both of the following apply to you:

  • your partner is a British citizen or holds settled status in the UK
  • your partner or you work for certain UK government departments or for the British Council

You or your partner must:

  • be permanent in the Diplomatic Service
  • work outside the UK as a UK-based British Council employee
  • be employed by a Foreign, Commonwealth and Development Office (FCDO)
  • be a Home Office employee

If your or your partner have one the abovementioned jobs, you will not need a Returning Residents Visa.

Key contact

Yavan-Brar-PNG
Yavan Brar
Chief Executive Officer

What our clients say about us

We wanted to write to say a proper thank you for the work that you and your team carried out for us. Selling our company was a daunting prospect but from the moment we first spoke with Alex and then with Matt and Harry, we felt confident that we were in good hands. Everyone we dealt with was professional and knowledgeable and the work was handled in a calm and efficient manner. We were particularly grateful as we approached the signing of the contracts as this could have been quite stressful but neither of us were the slightest bit concerned at any point as we knew that you were able to manage it on our behalf.

The team acts like an extension of our leadership team, not an external legal provider. Their joined-up approach across corporate and employment matters is exactly what we needed.

David Hargreaves
Founder & Director, Professional Services Firm

Responsive, commercial and genuinely invested in understanding our business. The team consistently delivers practical advice that makes a real difference to our decisions.

Sarah Thornton
CEO, Owner-Managed Manufacturing Group

They understand that my business, investments and family are all connected. Having advisers who can support every aspect of my affairs gives me confidence to focus on growth.

James Whitfield
Managing Director, Technology Services Business

Alex and Lucinda at Herrington Carmichael advised me on the sale of my IFA business, supporting me throughout due diligence, negotiation of the sale agreement and completion. They were responsive, pragmatic and commercially minded throughout what was a significant transaction for me personally. I always felt that they understood what mattered to me, identified and explained the important issues clearly, and kept the process moving towards a successful completion. I would have no hesitation in recommending them to other business owners considering a sale.

Shennind was incredibly clear and thorough throughout; he took the time to properly understand how my app works before advising, which made a real difference given how specific and safeguarding-sensitive my situation was. The advice note he produced was detailed, practical, and gave me genuine confidence in the decisions I was making. I'd recommend him without hesitation.

Holly Banfield
Founder, Twinquility

We were pleased to trust Jamie, Will, and the wider Herrington Carmichael team with our group’s three combined loan facilities with a value of circa £7m. They delivered efficient, strategic advice under a compressed timeline, navigating complex transactional hurdles. Jamie and Will worked collaboratively with my fellow directors and I, as well as the broker, to negotiate key milestones. The security documents involved an intricate suite of facility documentation, which they handled with impressive turnaround times, ensuring clarity throughout the process.

At Arose Finance, we’re delighted to have worked with Herrington Carmichael to deliver a tailored development exit finance solution for this client. Like many SME property developers, the client required additional time to realise the value of completed units while refinancing expensive existing debt. With three borrowing entities and a complex security profile, the transaction required carefully structured property finance and close collaboration between broker, lender and solicitors.

Jamie and Will were exceptional throughout. They worked closely with us to navigate the complexities of the portfolio refinancing, bringing a pragmatic, commercial approach and a real commitment to meeting the required completion timeframe. Their responsiveness and attention to detail were instrumental in achieving a strong outcome for the client.

A fantastic result, and I look forward to working with Jamie, Will and the wider Herrington Carmichael team again soon.

Aadil and the team were excellent and very professional in their efforts to get the legalities to a swift conclusion which is much appreciated. We have used HC for drawing up wills etc and are very impressed with their high standards and professionalism, I highly recommend.

The Real Estate team at Herrington Carmichael were excellent in dealing with this transaction right from the initial negotiations. They delivered their expertise in a pragmatic and commercial way emphasising the importance of having a legal team with the relevant industry knowledge and experience in complex renewable energy and infrastructure agreements. They acted efficiently and responsively and maintained a professional approach throughout the transaction particularly when dealing with unexpected requirements and stringent timescales.

Liz Hailey has been my primary point of contact at Herrington Carmichael and has become a trusted adviser to me and my clients. Liz possesses unparalleled legal knowledge and offers a unique approach to issues, thinking outside the box to come up with solutions. The collaborative approach within the business ensures that we have access to a variety of different legal departments offering an end-to-end service. The communication has been a primary factor in my continuing use and recommendation of Liz and HC.

Rachel Duncan, Anna Svensson, Charlotte Keeper, and Jed Temple are working as a team with both extensive and developing skill sets to collectively deliver a valued leasehold acquisition and advisory service to our in-house team of property professionals. Trusted advice and guidance are always available and quick to respond.

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Meet our experts

Dedicated professionals ready to assist you.

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Chief Executive Officer
Alex Canham PNG
Managing Partner, Head of Corporate
Mark Chapman PNG
General Counsel, Head of Commercial & Regulatory
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COO, Head of Consumer Services
Paul Wild PNG
Partner, Head of Family
Alistair McArthur PNG
Partner, Head of Employment
Liz Hailey PNG
Partner, Head of Real Estate
Annari Holmes PNG
Partner, Head of New Build
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Frequently Asked Questions

Find answers to your most pressing questions about our services and processes.

You should have strong evidence showing:

  • Strong ties to the UK – this could be family that lives here, evidence that you and/or your family have lived here your whole life, a career, strong community, etc.
  • The circumstances you are currently living in and why you left the UK.

Your partner and children (dependants) will need to apply for a Returning Visa separately if they are eligible (same criteria).

The fees charged by Home Office can be found on their official website here.

You can only apply a maximum of 28 days before you have been in the UK for 5 years on a qualifying visa. If you apply earlier, your application can be refused.

Do not wait until your current visa expires. If it expires, you will need to reapply for your visa and then apply for ILR.

It costs £2,885 per person applying.

Decisions can be made in as short as 3 weeks or it may take up to 24 weeks. You can track your application online.

You will need to provide:

  • Your current passport or another valid form of travel identification
  • Previous passports
  • A recent passport-sized colour photograph
  • Supporting evidence and documents that prove you have ties to the UK. For example: income earned in the UK, rented or owned property, close family.

Situation dependent, you may need to provide other documents.

You may be able to get your visa faster depending on which country you are applying from. Check with your visa application centre (where you have your biometric information taken).

Yes. You will need to make an appointment to give your fingerprints and have a new photograph taken. This will be stipulated during your application process.

Your appointment will be made at a UK Visa and Citizenship Application Services (UKVCAS) service point.

You can either upload them onto the online service during your application, you can have them scanned at your biometric information appointment with UCVCAS, or we can assist with your application.

Yes. Once you have returned to the UK you will be able to apply for British citizenship.