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.

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

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:

• of more than 2 years under the Immigration (Leave to Enter and Remain) Order 2000, or

• of more than 5 years, if they previously had settlement in the UK under the EU Settlement Scheme, or

• 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.

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) Form “UKA/ROA/RR”; or

(b) for applicants under the Windrush Scheme, the “Windrush Scheme application (Overseas)” form.

(a) the applicant must be outside the UK; and (b) the applicant must have paid any required fee (no fee is required under the Windrush Scheme); and (c) the applicant must have provided biometrics when required; and (d) the applicant must provide a passport or other travel document which satisfactorily establishes their identity and nationality.

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.

RR 3.2. A person applying for entry clearance as a Returning Resident must, if Appendix Tuberculosis applies, provide a valid medical certificate

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

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.

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.

A Returning Resident cannot bring or be joined by a partner or children on this route.

RR 8.2. If the application is refused, a request can be made for an Administrative Review under Appendix AR: Administrative Review.