Apply for Indefinite Leave To Enter (ILE) as a Returning Resident

: Written by: Arshad Mahmood; Last Updated: 25 January 2026

You can apply for Indefinite Leave to Enter (ILE) as a returning resident if you previously held Indefinite Leave to Remain (ILR), which became invalid due to absence from the UK for 2 years or more consecutively.

A person who has been absent from the UK for more than 2 consecutive years will automatically lose their indefinite leave as a matter of law. This is set out in paragraph 20 of the Immigration Rules and in Article 13 of the Immigration (Leave to Enter and Remain) Order 2000 (LTERO). A person who has been absent for more than 2 years must apply for entry clearance as a returning resident and will be assessed by Entry Clearance Officers under paragraph 19 of the Rules. Your dependants (partner and children) must apply separately for a Returning Resident visa if they are eligible.

You cannot apply for a Returning Resident visa if you lose your settled status under the EU Settlement Scheme.

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Free Immigration Advice for ILE as a Returning Resident

Our specialist team of immigration solicitors can provide one-off free immigration advice online in relation to your application for Indefinite Leave to Enter (ILE) as a returning resident. Ask a question online to our specialist team of immigration solicitors for free immigration advice online, or book an appointment online for detailed immigration advice and consultation with one of our immigration solicitors concerning your application for Indefinite Leave to Enter (ILE) as a returning resident.

What is the Process to Apply for a Returning Resident Visa?

The step-by-step process to apply for a returning resident visa is as follows:

Complete the application form online for a returning resident visa on the UKVI website.
Submit your completed returning resident visa application form online and pay the application fee.
Book an appointment with the UK visa application centre to enrol your biometrics and hand over your passport so that your returning resident visa can be processed.
Upload all supporting documents online in PDF format before you attend your biometrics enrolment appointment so that they can be considered for the returning resident visa application.
Attend your biometrics enrolment appointment and wait for a decision on your UK returning resident visa application.

Eligibility Requirements for a Returning Resident Visa UK

To qualify for Indefinite Leave to Enter (ILE) as a returning resident, you must meet the following requirements:

You must submit a valid application for entry clearance for Indefinite Leave to Enter (ILE) as a returning resident.
You must have had Indefinite Leave to Remain (ILR) in the UK, which became invalid due to consecutive absence of 2 years or more.
You must not have received financial support from the Home Office to leave the UK when you left the UK with an ILR.
You should have strong ties to the UK - for example, you or your family have lived here most of your life.
You must explain your current circumstances and why you have lived outside the UK.

Relevant Factors For Consideration Of Returning Resident Visa Application

The Entry Clearance Officer (ECO), considering your application for a returning resident visa, may consider the following factors when assessing whether you can be
readmitted to the UK as a returning resident:

their strength of ties to the U,K including:
- the nature of those ties
- the extent to which those ties have been maintained during the applicant’s
  absence
the length of their original residence in the UK
the length of time the applicant has been outside the UK
the circumstances in which they left the UK and their reasons for remaining absent
their reasons for now wishing to return
whether, if they were to be readmitted, they would continue to live in the UK
any other compelling or compassionate factors

Strength of ties to the UK

A person’s ties to the UK may be evident in various ways. The nature of those ties and the degree to which those ties have been maintained during a person’s absence will need to be considered when assessing whether a person should be readmitted as a returning resident. Such ties may include (but are not limited to):

family ties
property ties
business ties

Family Ties

Where a person has close family ties in the UK that have been maintained during their absence, this will likely indicate strong ties to the UK. The more immediate the family members are, for example, parents, spouse, partner, children, or grandchildren, the greater the strength of those ties are likely to be. However, relationships with wider family members, such as cousins or nieces and nephews, may also be taken into account if those ties have been closely maintained.

The nature of any contact will also need to be considered. For example, regular visits from, or to, the applicant from family members in the UK will help demonstrate the strength of those ties. Such contact does not, however, need to have been made physically in person, and strong ties can still be demonstrated where there has been regular contact through other means.

Property and Business Ties

Ties may also be in the form of property/business interests. This may be, for example, where the applicant owns their own property in the UK or has a vested interest in an ongoing business venture within the UK. Ties on the basis of property or business interests alone are unlikely to demonstrate strong ties to the UK, but can be used in conjunction with other factors to satisfy this.

Length of Original Residence

Generally, the longer the period of original residence, the more likely it is that the applicant will have developed strong ties to the UK and can be admitted as a returning resident. It is important to consider the length of the original residence together with all other relevant factors. The ECO should not refuse an application solely based on a short period of original residence if the other evidence points to the applicant having strong ties to the UK.

Length of Time Outside the UK

The length of time spent outside the UK will be an important factor to take into account when assessing whether a person can be readmitted as a returning resident. This must be assessed against all other factors, including the time spent in the UK before they left.

Extended absence from the UK due to the COVID-19 pandemic travel restrictions

Some applicants will have been prevented from returning to the UK in 2020 and 2021, due to travel restrictions in place relating to the COVID-19 pandemic. In some cases, this will have resulted in their indefinite leave lapsing.

The Entry Clearance Officer (ECO) should consider whether travel restrictions after 24 January 2020 resulted in unintended absences from the UK. Where the decision maker assesses that someone had intended to return to the UK before their leave lapsed but was prevented from returning by travel restrictions, the decision maker should consider this as an additional factor supporting a grant of entry clearance.

Reasons for Leaving and Wishing to Return

A person may leave the UK for a variety of reasons. This may include:

to access health treatment overseas
to care for family
to retire
for employment/self-employment
study

In some cases, these reasons mean a person remains outside the UK for more than 2 years, and so their indefinite leave lapses. The decision maker must consider their reasons for leaving and for wishing to return to the UK. For example, a person may have left the UK to care for family members and now wishes to return to the UK to retire.

Any Other Circumstances

Other more specific circumstances which would support an application are:

travel and service overseas with a particular employer before returning to the UK with the employer
service abroad for the UK Government, or as a dependant of a member of HM Forces or as an employee of a quasi-governmental body, a British company or a United Nations organisation
employment abroad in the public service of a country that has good relations with the UK, by a person who could not reasonably be expected to settle in that country permanently
a prolonged period of study abroad by a person who wishes to rejoin the family in the UK on completion of studies
prolonged medical treatment abroad of a kind not available in the UK
unintended absences from the UK due to the COVID-19 pandemic

Additionally, other compelling or compassionate circumstances not mentioned above may need to be considered. Each case must be considered on its individual merits.

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Our returning resident visa solicitors are specialists in returning resident visas from outside the UK. As one of the best returning resident visa solicitors, we have an excellent track record of helping clients obtain Indefinite Leave to Enter (ILE) as returning residents. Our highly experienced and fully qualified returning resident visa solicitors can provide fast, friendly, reliable, and fixed-fee immigration advice and legal representation for your returning resident visa application from outside the UK.

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