Immigration Rules Appendix Returning Resident

This route is for a ‘Returning Resident’, which means a person who previously had indefinite permission to enter or stay (settlement) in the UK which has now lapsed and who now wants to return to and settle in the UK.

A Returning Resident’s previous settlement in the UK must have lapsed by operation of law after they were outside the UK for a continuous period:

  1. • of more than 2 years under the Immigration (Leave to Enter and Remain) Order 2000, or
  2. • of more than 5 years, if they previously had settlement in the UK under the EU Settlement Scheme, or
  3. • of more than 4 years, if they previously had settlement in the UK under the EUSS as a Swiss national or a family member of a Swiss national.

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.

Settlement does not lapse for a person who is outside the UK accompanying their partner or parent who is a member of HM Forces or a Crown Servant.

A Returning Resident may also be able to apply under the Windrush Scheme.

Validity requirements for an application as a Returning Resident

  1. RR 1.1. A person applying as a Returning Resident must apply online on the gov.uk website on the specified form as follows:
  2. (a) Form “UKA/ROA/RR”; or
  3. (b) for applicants under the Windrush Scheme, the “Windrush Scheme application (Overseas)” form. See Applying to the Windrush schemes from overseas guidance - GOV.UK (www.gov.uk)
  1. RR 1.2. An application as a Returning Resident must meet all the following requirements:
    1. (a) the applicant must be outside the UK; and
    2. (b) the applicant must have paid any required fee (no fee is required under the Windrush Scheme); and
    3. (c) the applicant must have provided biometrics when required; and
    4. (d) the applicant must provide a passport or other travel document which satisfactorily establishes their identity and nationality.
  1. RR 1.3. DELETED
  1. RR 1.4. An application which does not meet all the validity requirements for a Returning Resident may be rejected as invalid and not considered.

Suitability requirements for a Returning Resident

  1. RR 2.1. The applicant must not fall for refusal under Part 9: grounds for refusal.

Eligibility requirements for a Returning Resident

Entry requirement for a Returning Resident

  1. RR 3.1. A person seeking to come to the UK as a Returning Resident must apply for and obtain an entry clearance as a Returning Resident before they arrive in the UK.
  1. RR 3.2. A person applying for entry clearance as a Returning Resident must, if Appendix Tuberculosis applies, provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.
  1. RR 3.3. A person applying for entry clearance must have previously been granted settlement in the UK which has lapsed by operation of law due to their absence from the UK.

Intention to settle requirement for a Returning Resident

  1. RR 4.1. The decision maker must be satisfied that the applicant genuinely intends to return to the UK for the purpose of settlement.

Previous departure from UK requirement for a Returning Resident

  1. RR 5.1. Unless they are applying under the Windrush Scheme, the applicant must not have received assistance from public funds towards the cost of leaving the UK.

Strong ties to the UK requirement for a Returning Resident

  1. RR 6.1. The decision maker must be satisfied that the applicant has maintained strong ties to the UK during their absence from the UK.

RR 7.1. The applicant must meet the parental consent requirement for “applicant not applying as a dependent child” in Appendix Children.

RR 7.2. DELETED.

Decision on an application as a Returning Resident

  1. RR 8.1. If the decision maker is satisfied that all the suitability and eligibility requirements for a Returning Resident are met, the application will be granted; otherwise, the application will be refused.
  2. RR 8.2. If the application is refused, a request can be made for an Administrative Review under Appendix AR: Administrative Review.

Period of grant as a Returning Resident

  1. RR 9.1. The applicant will be granted entry clearance for settlement.