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.