ILR Lapsed - what now?!

[AustinMC]

Hi all - I entered the UK last week and the EO informed me that I can only enter as a visitor since I have been out of the UK for more than 2 years. I wasn't aware that I had to have a Returning Resident visa and it appears that I cannot get this from within the UK. My passport is now stamped with a visitors entry clearance - 6 months without work or access to public funds.

My wife is a British citizen and we intended on living and working here in the UK. Is there any way to appeal this decision or have the ILR 'renewed'? I understand that I can apply for a new ILR but that could take months and I was hoping to get back to work immediately.

If not, any advice on the best way to go about re-applying?

Thanks in advance for any advice!

[physicskate]

Hi all - I entered the UK last week and the EO informed me that I can only enter as a visitor since I have been out of the UK for more than 2 years. I wasn't aware that I had to have a Returning Resident visa and it appears that I cannot get this from within the UK. My passport is now stamped with a visitors entry clearance - 6 months without work or access to public funds.

My wife is a British citizen and we intended on living and working here in the UK. Is there any way to appeal this decision or have the ILR 'renewed'? I understand that I can apply for a new ILR but that could take months and I was hoping to get back to work immediately.

If not, any advice on the best way to go about re-applying?

Thanks in advance for any advice!

A quick search of the forums would show that a returning resident's visa is nigh on impossible to get. People who grew up in the UK, have their entire families here, etc... have been denied this in the past. The suggestion would be that you start the entire visa process over from scratch.

Starting with a new spouse visa (applied for from outside the UK) is a two visa, five year process now (to get to the point where you apply for ILR again... Your spouse would need to meet fairly stringent financial requirements. This will mean you are separated for the time you are outside the UK applying for a spouse visa.

[Amber]

See also, Returning residents.

I would be inclined to try for the returning residents visa given the new 5-year route to settlement. Bare in mind such an application could be at conflict with that of a visitor.