In order for you to be qualified to be a UK entrant as a returning resident, you are required to:
You will not qualify for entry if you:
Further enquiries would not be required if the Export Control Organization (ECO) through common sense and flexible approach decides that your application is authentic, while also noting that your ordinary place of residence is the United Kingdom.
If you as an ordinary UK resident have spent considerable amount of time abroad on business, studies or visitation you may be permitted to re-enter the country as a returning resident. You are however expected to prove that you were usually resided in the United Kingdom or have the intension to return to residence in the UK while you have spent no more than 2 years abroad.
The 2 years rule has some exception which will be further elaborated in the coming sections.
In a situation where there are slight errors or exclusions in the application and there is enough proof to evince that the application will be approved, you are expected to enquire and seek clarification or request the documentation or information missing.
Your passport contains the stamps of previous endorsement by the Home Office for Indefinite Leave to Remain (ILR) which stands as evidence that supports your claim for returning residence.
In a situation where you have spent more than two years outside the United Kingdom you will be required to provide additional evidence that explains why you are qualified as a returning residence.
Interviews are conducted and sometimes used in identifying fraudulent claims like in situations where by the claimant is found to not be able to speak English language or in other circumstances where the claimant cannot describe his/her area of residence in the UK after claiming to have been previous resided there. This situations will usually lead to further investigation of the claim.
Exceptions to the two years rule is broadly categorized into two; Exceptions for applicants with strong ties to the United Kingdom and Exception for holders of special UK passports.
1. Strong Ties to the United Kingdom:
If you have strong ties to the United Kingdom you will be considered for entry even if you have ever spent more than two years outside the United Kingdom. The immigration rule provides that you will not lose your status as a holder of an Indefinite Leave to Remain (ILR) if you spend two years or more outside the UK because you have accompanied your spouse, civil partner or same-sex partner who is:
For the Export Control Organization (ECO) to ascertain if you really have strong ties to the United Kingdom they will take into consideration the following factors:
The more time you spend outside the United Kingdom over 2 years the harder it will be for you to be eligible for entry as a returning resident. On the other hand if you have resided for a longer time during your previous residence in the United Kingdom the probability of you getting an approval for entry into the UK will increase as long as you have not had a break during you stay which lasted for some years.
Some specific situations might support your claim as a returning resident, they include:
2. Holder of Certain United Kingdom passports
If you hold certain United Kingdom passports you will be entitled to exceptions as a returning resident.
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I used Reiss Edwards immigration lawyers to assist with my immigration matter and that of my family. It was an EX1 application. They dealt with the matter properly and even when complications were coming up from the Home Office, they helped resolve the issue properly. They are very professional and are very popular in London. I am happy to have worked with them.
This is the only firm that i spoke with that didn't ask for money before listening to me, will be using them again.
I used Reiss Edwards for my Tier 2 visa application and it was successful. The team was ever present and happy to answer my question. The caseworker that dealing with my case went on holiday yet by case did not suffer one bit. Another lawyer stepped and took over the case without any hassle.
My Tier 1 Investor Visa was dealt with quickly and without issue. Would recommend Reiss Edwards as an Immigration law firm in London. Thank you to the team.
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