Returning Resident

Herrington Carmichael is a full service law firm offering legal advice to UK and international businesses as well as individuals and families.
/
/
/
Returning Resident

Meet our experts

Dedicated professionals ready to assist you.

Sarah-Jervis-PNG
Sarah Jervis
Solicitor, Private Wealth & Inheritance
Siddhartha Saxena PNG
Siddhartha Saxena
Senior Co Sec Paralegal, Corporate
Maisie Williams PNG
Maisie Williams
Solicitor, Private Wealth & Inheritance
Maddie-Craggs-PNG
Maddie Craggs
Trainee Solicitor
Krish Makwana PNG
Krish Makwana
Trainee Solicitor
Adrian Au PNG
Adrian Au
Solicitor, Residential Property
Isobel Little PNG
Isobel Little
Trainee Solicitor
Theo-Olanrewaju-PNG
Theo Olanrewaju
Trainee Solicitor
hc_team-placeholder
Johan Mackay
Paralegal, Private Wealth & Inheritance
Dylan Short PNG
Dylan Short
Paralegal, Corporate

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 you had indefinite leave to remain (ILR) when you left the UK, and the Home Office did not provide financial support to help you leave the UK. 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.

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

Sarah-Jervis-PNG
Sarah Jervis
Solicitor, Private Wealth & Inheritance

Insights

Get valuable insights from our articles.

Happy office team watching a football game during a work break, cheering and celebrating together, with one person holding a football, symbolizing unity and work life balance.

World Cup 2026: It’s coming home (to work)!

The 2026 FIFA World Cup is now underway, running from 11 June 2026 to 19 July 2026 across the United…
3 hours ago
herrington-carmichael_annabel-croft-img

Herrington Carmichael partners with Hurlands Pickleball and Padel Club to benefit local players

Herrington Carmichael is delighted to announce its partnership with Hurlands Pickleball and Padel Club…
3 hours ago
AI chatbot interface for automated communication and support Marrow

Prompting trouble: Are conversations with AI assistants legally privileged?

The use of artificial intelligence programmes has become routine across businesses and professional services, but its legal implications are often…
3 hours ago

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.

Still have questions?

We’re here to help you.