Returning Resident after ILR expired

[KatieScotland]

Hello, hope someone can help.
I have paid two seperate UK immigration firms for one hours worth of advice but they gave me two completely different answers, so I don't know how to move forward.

I live in Australia with my British husband.
I previously had UK ILR but it expired about ten years ago when we moved to Australia.

We have returned to the UK about 6 times since we left to visit my husbands family & friends.

We now want to return to live permanently in the UK.

Immigration company #1 stated that all my trips over as a "visitor" will help my application and show my strong family UK links.
He said that the guidelines about "having ILR the last time you left the UK refers to when you last LIVED there, not when you last visited as a tourist".

Immigration company #2 said that because I travelled to the UK as a visitor after my ILR lapsed, that I am not eligible to apply as a returning resident, so my ILR will not be reinstated.

Interestingly, the UK government website does infact state that showing strong family ties by visiting the UK since having left for example, can help my application.

Could someone please tell me who is correct?

Thank you

[zimba]

The official guide on the returning residents tells you the conditions in which the UKVI will assess those strong ties: https://assets.publishing.service.gov.u ... idents.pdf

At the end of the day, it is up to the UKVI to make this concession and reinstate your ILR. I suggest applying and providing as much evidence as you can to increase your chances of approval

[KatieScotland]

Thank you for replying, yes I'm going to gather loads of relevant documentation.
I just hoped someone could shed light on why 2 immigration companies may dish out such different advice

Cheers again

[zimba]

Thank you for replying, yes I'm going to gather loads of relevant documentation.
I just hoped someone could shed light on why 2 immigration companies may dish out such different advice

Cheers again

Because this is a matter of opinion rather than the rules.

[secret.simon]

I just hoped someone could shed light on why 2 immigration companies may dish out such different advice

Both views can be correct. The two companies just disagree on what you can derive from them.

Immigration company #1 stated that all my trips over as a "visitor" will help my application and show my strong family UK links.
He said that the guidelines about "having ILR the last time you left the UK refers to when you last LIVED there, not when you last visited as a tourist".

Correct. Strong family ties definitely help. It shows that you have a connection to the UK that may not have faded over your long (and 10 years is a long absence) absence from the UK.

Immigration company #2 said that because I travelled to the UK as a visitor after my ILR lapsed, that I am not eligible to apply as a returning resident, so my ILR will not be reinstated.

Also correct. The general rule that we have seen mentioned on these forums is that if a person with ILR is stamped through with a visitor's visa, that indicates that they no longer plan to be "resident" in the UK but merely visit. Such a visitor visa can even void an existing ILR visa, never mind one that has already lapsed. The idea behind ILR is that you are "resident" in the UK.

"Resident" in this case is more on the lines of your main home being in the UK, which if you are a visitor, it won't be (at least not a main home anyway).

So you can see that both views can be true and yet people can draw different conclusions from the same facts.

I tend to err on the side of caution and would argue that the latter perspective is more likely to be correct. Having entered the UK as a visitor repeatedly, you seem to have demonstrated that you are a visitor, not a resident of the UK. If that is the case, a Returning Resident visa does not make sense because you have not been resident in the UK for a while and have indeed acknowledged it by entering the UK on multiple visitor visas.

On the other hand, we have seen some Returning Resident visas on these forums granted on what seems to me exceedingly tenuous grounds.

So there is nothing to lose and all to play for in making the application.

[vinny]

18.

A person may resume their residence in the UK provided the Immigration Officer is satisfied that the person concerned:

• (i) had indefinite leave to enter or remain in the United Kingdom when he last left; and
• (ii) has not been away from the United Kingdom for more than 2 years; and
• (iii) did not receive assistance from public funds towards the cost of leaving the United Kingdom; and
• (iv) now seeks admission for the purpose of settlement.

I think 18(i) prevents visitors from succeeding, unless they had admitted the returning resident as visitor in error. I think if a returning resident was returning temporarily within 2 years, then there are some discretionary provisions in the returning residents guidance to admit the holder as a returning resident, subject to certain conditions.

Surprisingly, a member had managed to get a returning resident visa after being absent from the UK for 26 years!

Alternatively, if you had spent at least 10 years lawfully and continuously in the UK, then you may apply for ILR under the Long residence rules.

[KatieScotland]

Thanks for your reply.
I will just have to go for it and hope for the best!

Unfortunately I'm not eligible for the ten year route.
I spent over ten years in the UK but with too many gaps (absence)

Thanks Again

[KatieScotland]

Hi
Just thought i would update this forum with the outcome of my application for a returning resident visa, should it help anyone else

My returning resident visa was approved.

It had expired a decade ago but i wrote a very thorough application and put the best application forward i could (did it myself no 3rd party).

On 12th April 2023 the rules about people that have expired ILR changed.

What this meant for me was that all the visitor trips i made to The UK in the past 10 years went in my favour, not against me.
New rules state that visitor trips no longer prevent people with expired ILR from applying for a returning resident visa, as long as you still show your strong ties to the UK.

Oh and one more thing - i did my biometrics on Tuesday, application approved in 2 days, which is amazing and totally unexpected!?!

[vinny]

Congratulations! Great news! Yes. They had recently changed the Returning residents rules to permit eligible visitors to benefit.

19.

A person who can demonstrate he has strong ties to the United Kingdom and intends to make the United Kingdom his permanent home but does not benefit from the preceding paragraph by reason only of:

• (a) having been absent from the United Kingdom for more than two consecutive years; or
• (b) having been absent from the United Kingdom for more than two consecutive years and who, after having indefinite leave to remain in the United Kingdom, had permission as a visitor when they last left (providing they have not had temporary permission in another route between the point where their indefinite leave to enter or remain lapsed and their permission as a visitor was granted),

must have applied for, and been granted, indefinite leave to enter by way of entry clearance.

[AmazonianX]

Hi
Just thought i would update this forum with the outcome of my application for a returning resident visa, should it help anyone else

My returning resident visa was approved.

It had expired a decade ago but i wrote a very thorough application and put the best application forward i could (did it myself no 3rd party).

On 12th April 2023 the rules about people that have expired ILR changed.

What this meant for me was that all the visitor trips i made to The UK in the past 10 years went in my favour, not against me.
New rules state that visitor trips no longer prevent people with expired ILR from applying for a returning resident visa, as long as you still show your strong ties to the UK.

Oh and one more thing - i did my biometrics on Tuesday, application approved in 2 days, which is amazing and totally unexpected!?!

Congratulations