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Settlement & residence

What is a Returning Resident visa?

A Returning Resident visa is an entry clearance for settlement. It is for a person who previously had indefinite leave to remain or enter in the UK, which lapsed because they spent too long abroad, and who now wants to return and settle. Each person must qualify in their own right.

Key points

  • Indefinite leave to remain is lost after more than 2 continuous years outside the UK, the Channel Islands and the Isle of Man.
  • Applicants must show strong ties to the UK and that they genuinely intend to return to settle.
  • The application fee is £726 and the application is made online from outside the UK.
  • Partners and children cannot be included. Each person must qualify in their own right.
  • Some people keep their indefinite leave after 2 years abroad, such as members of the British armed forces posted overseas.

How the Returning Resident visa works

A Returning Resident is a person who previously had indefinite permission to enter or stay in the UK, which has now lapsed, and who wants to return to and settle in the UK.[2]Home Office, Immigration Rules Appendix Returning Resident The visa is the route back. A successful applicant is granted entry clearance for settlement.[2]Home Office, Immigration Rules Appendix Returning Resident Read more about indefinite leave to enter.

You must apply online from outside the UK.[2]Home Office, Immigration Rules Appendix Returning Resident You give your fingerprints and photo at a visa application centre.[1]Home Office, Return to the UK if you had indefinite leave to remain You must obtain the entry clearance before you arrive in the UK.[2]Home Office, Immigration Rules Appendix Returning Resident The application fee is £726.[1]Home Office, Return to the UK if you had indefinite leave to remain

When indefinite leave to remain lapses

If you were away for less than 2 years, you still have your indefinite leave to remain. You can re-enter the UK if you had indefinite leave when you last left and did not receive financial support from the Home Office to leave.[1]Home Office, Return to the UK if you had indefinite leave to remain You will need to show proof of your immigration status when you travel.[1]Home Office, Return to the UK if you had indefinite leave to remain

You lose your indefinite leave if you are outside the UK, the Channel Islands and the Isle of Man for more than:[1]Home Office, Return to the UK if you had indefinite leave to remain

Group Continuous time abroad
Anyone else More than 2 years
Settled status under the EU Settlement Scheme More than 5 years
Swiss citizens and their family members with settled status More than 4 years

The legal source is article 13 of the Immigration (Leave to Enter and Remain) Order 2000. It says that where the holder has stayed outside the UK and the Islands for a continuous period of more than 2 years, unlimited leave lapses. Different periods apply to leave granted under Appendix EU.[3]UK Government, The Immigration (Leave to Enter and Remain) Order 2000, article 13 The Order contains some exceptions. See also settled vs pre-settled status.

What you must show

The Immigration Rules set out the requirements for a Returning Resident:[2]Home Office, Immigration Rules Appendix Returning Resident

  • your settlement must have lapsed by operation of law because of your absence from the UK
  • you must not fall for refusal under the suitability rules
  • the decision maker must be satisfied that you genuinely intend to return to the UK for the purpose of settlement
  • you must not have received assistance from public funds towards the cost of leaving the UK, unless you apply under the Windrush Scheme
  • the decision maker must be satisfied that you have maintained strong ties to the UK during your absence
  • if you are under 18, you must meet the parental consent requirement

GOV.UK says you must provide enough evidence to show your strong ties to the UK, for example that you or your family have lived here most of your life. You must also show your current circumstances and why you have lived outside the UK.[1]Home Office, Return to the UK if you had indefinite leave to remain Documents include a current passport, previous passports, a photograph and documents that prove your ties to the UK, such as proof of income or of renting or owning property here.[1]Home Office, Return to the UK if you had indefinite leave to remain If tuberculosis screening applies to you, you must provide a valid medical certificate.[2]Home Office, Immigration Rules Appendix Returning Resident

Family and exceptions

Your partner and children cannot be included. They must apply separately for a Returning Resident visa if they are eligible.[1]Home Office, Return to the UK if you had indefinite leave to remain The Rules say a Returning Resident cannot bring or be joined by a partner or children on this route.[2]Home Office, Immigration Rules Appendix Returning Resident

Some people do not lose their indefinite leave after 2 years abroad. GOV.UK says this applies if you are a member of the British armed forces posted overseas, or if your partner is and you have joined them. It also applies if your partner is a British citizen or settled in the UK and you or they work for certain UK government departments or the British Council. The Rules say settlement does not lapse for a person abroad accompanying a partner or parent who is a member of HM Forces or a Crown servant.[1]Home Office, Return to the UK if you had indefinite leave to remain[2]Home Office, Immigration Rules Appendix Returning Resident

A Returning Resident may also be able to apply under the Windrush Scheme.[2]Home Office, Immigration Rules Appendix Returning Resident

Example

Samira had indefinite leave to remain. She moved abroad for work and stayed outside the UK, the Channel Islands and the Isle of Man for 3 years in a row. Her indefinite leave has lapsed. She has a house in the UK that her family still lives in, and she has paid UK tax in the past. She wants to come back and live in the UK permanently.

She needs to apply online from outside the UK for a Returning Resident visa and pay £726. She will need to give evidence of her ties to the UK and why she lived abroad. She must have the entry clearance before she travels. This example uses invented facts. It is not advice on a real case.

What people get wrong

Many people believe indefinite leave to remain lasts for life. It can lapse after more than 2 continuous years outside the UK, the Channel Islands and the Isle of Man. When it does, the person has to apply for entry clearance before they come back.

A second mistake is thinking the family can travel together on one application. The Rules say each person must qualify as a Returning Resident in their own right.[2]Home Office, Immigration Rules Appendix Returning Resident

The bottom line

A Returning Resident visa lets someone whose indefinite leave has lapsed come back to settle. It costs £726 and is applied for online from outside the UK. The applicant must show strong ties and a genuine intention to settle. Family members apply separately. If a refusal follows, the Rules say a request for administrative review can be made.[2]Home Office, Immigration Rules Appendix Returning Resident Check the current GOV.UK pages before you apply.

Common questions

You lose it if you have been outside the UK, the Channel Islands and the Isle of Man for more than 2 continuous years. The limit is 5 years for settled status under the EU Settlement Scheme, or 4 years for Swiss citizens and their family members.

GOV.UK says it costs £726 to apply. You apply online and give your fingerprints and photo at a visa application centre. Check the visa processing times page for how long a decision may take.

No. The Rules say a Returning Resident cannot bring or be joined by a partner or children on this route. Each person must qualify as a Returning Resident in their own right.

The Rules say that if the application is refused, a request can be made for an administrative review under Appendix AR. This is a review of the decision, not a new application.

Sources

We cite the Immigration Rules, legislation and GOV.UK guidance directly. Rules change, so each source shows the date we last checked it.

  1. Home Office. Return to the UK if you had indefinite leave to remain. Checked 11 November 2026. ↩
  2. Home Office. Immigration Rules Appendix Returning Resident. Checked 11 November 2026. ↩
  3. UK Government. The Immigration (Leave to Enter and Remain) Order 2000, article 13. Checked 11 November 2026. ↩

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