Who can return to UK?
- the person must have been a legal resided within the UK and with no time limit,
- he or she should not have been away from the United Kingdom for more than two years,
- at departure from the UK, the person did not receive any public financial assistance,
- the person must plan to settle again in the UK.
If the person has been away from the country for more than two years, he or she must obtain an entry clearance or visa to get readmitted back in the UK. Everyone who returns to the UK must apply for a visa or entry clearance certificate for traveling into the United Kingdom, at the UK embassy in the country he/she is coming from. Our London immigration lawyer specifies that the entry clearance will be in the form of a sticker which will be placed on the passport. The visa application must be filled out, travel documents, visa fee, a photograph, and, as earlier mentioned, proof that he or she formerly resided within the UK must be submitted. The proof can be a previous passport, income tax records, letters from past employers, or even national insurance.
The entry clearance is entitled “Returning Resident” and, only in exceptional circumstances, the person who has been away from the country for more than two years will be granted this. Basically, these exceptions are considered by the entry clearance officer as case-by-case situations, so everyone will be “judged” individually. For example, the person who has suffered an illness and decided to return to the UK earlier than two years from departure will be considered “with sympathy”, but the person who just changed his mind after the two year period will not meet the same criteria.
Exceptions to the “two-year” rule
According to our London immigration lawyer, there can be exceptions to the “two-year rule” if the person has strong ties to the UK. Here are some considerations which need to be taken into account:
- the original residence length in the UK,
- the period for which the applicant has been outside of UK,
- the reason for the delay (beyond two years),
- the family ties within the UK,
- how the person provide for himself /herself, during the absence,
- if he or she has a home inside the UK and if the person plans to live there.
A few other important conditions
Our immigration lawyers in London mentioned that, if the person has been outside the UK for more than two years, it will be more difficult for him/her to receive admission back in the country. Of course, there aren’t any basic rules for this situation but, basically, the longer the residence within the UK, the more chances the person will have for being admitted back. But keep in mind that, during the residency in the United Kingdom, there has not been a break of residency which extended over the years.
For any other specific questions regarding this subject and for the legal support of our immigration solicitors in London, do not hesitate to contact us.