United Kingdom (UK): Definition of a returning resident; whether he or she can return to the UK after more than two years of absence; definition of the entry clearance; whether a resident who wants to return to the UK after more than two years of absence requires an entry clearance; conditions for obtaining an entry clearance; factors influencing the decision to grant an entry clearance to a UK resident who was abroad for more than two years; rights and privileges associated with such a return

Returning Residents

According to the Website of UKvisas, "[a] returning resident is someone who has been given permission to live in the United Kingdom (UK), with no time limit and having left the UK wants to come to live here again" (7 Sept. 2004).

Conditions for Return

A person who meets the following conditions can qualify as a returning resident and settle in the UK:

– he or she previously resided in the UK legally with no time limit on their stay

– he or she was away from the UK for less than two years before coming back there to live permanently

– he or she did not receive public financial assistance to depart from the UK (UKvisas 7 Sept. 2004; ibid. 7 Mar. 2003).

– he or she plans to settle in the UK (ibid.).

The person who meets these conditions can be issued an entry clearance visa in order to return to the UK (ibid.).

Please see the information under the heading "Conditions Associated with Obtaining Entry Clearance" for cases in which returning residents who have been away from the UK for longer than two years may still be readmitted.

Entry Clearance

A returning resident who has been away from the UK for more than two years must obtain an entry clearance or visa in order to be readmitted to the UK (ibid.; UK n.d.). The United Kingdom's Immigration and Nationality Directorate (IND) defines entry clearance as "a visa or entry clearance certificate that you are given so that you can travel to the United Kingdom" (UK n.d.).

A returning resident must apply for such a visa at the UK diplomatic mission in the country they are coming from (UK n.d.). The Website of the British Embassy in Washington, DC, further states that an entry clearance "will be in the form of a vignette or sticker placed in a passport at a visa issuing post overseas" (Embassy of the United Kingdom n.d.).

A person must apply for a visa by filling out visa application form VAF 1, which can be found in an attachment (UKvisas 7 Sept. 2004). One must also submit a passport (or travel document), a photograph, a visa fee, and proof that they formerly resided in the UK (this can include "a previous passport, National Insurance or Income Tax records, letters from employers or pay slips") (ibid.).

Type of Entry Clearance Needed for a Returning Resident

The entry clearance issued to a returning resident is entitled "Returning Resident" (UKvisas 1 July 2002; ibid. 7 Mar. 2003; British High Commission 8 Dec. 2004).

Conditions Associated with Obtaining Entry Clearance

An entry clearance manager and consul at the British High Commission in Ottawa provided the following information to the Research Directorate in an 8 December 2004 telephone interview:

While a returning resident entry clearance can be issued to a person who has been outside of the UK for more than two years, only in exceptional circumstances is it granted to a person who has been away from the UK for longer. Applications from returning residents who have been away from the UK for more than two years are considered by the entry clearance officer on a case-by-case basis. The case of a person who suffered from a grave illness but planned to return to the UK before the end of the two-year cut-off date would be "considered with sympathy," but a person who simply moved away and then changed his or her mind after more than two years would not meet the "exceptional circumstances" criteria.

According to UKvisas, exceptions may be made to the two-year rule provided that the returning resident has "strong ties to the United Kingdom" (7 Mar. 2003). UK Visas lists the following considerations to be taken into account when assessing such an applicant's case:

– the length of the original residence in the UK;

– the time the applicant has been outside the UK;

– the reason for the delay beyond 2 years – was it through their own wish or no fault of their own (e.g. having to care for a sick or elderly relative)?;

– the reasons for leaving the UK and for now wishing to return;

– the nature of the family ties in the UK;

– how close are they and to what extent have they been maintained during the absence?

– do they have a home in the UK and, if admitted, would they remain and live there? (7 Mar. 2003).

UKvisas goes on to state that

[t]he longer a person has remained outside the UK over 2 years, the more difficult it will be for him/her to qualify for admission under this provision. No hard and fast rules can be laid down but the longer the previous residence in the UK, the stronger would be the case for consideration, provided that there had not been a break in residence extending over a number of years.

Other more specific circumstances which would support an application are:

– travel and service overseas with a particular employer before return to the UK with the employer;

– service abroad for the UK Government, or as a dependent of a member of H M 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 friendly country 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 UK on completion of studies;

– prolonged medical treatment abroad of a kind not available in the UK (7 Mar. 2003).

Rights and Privileges of a Returning Resident to the UK

According to the entry clearance manager at the British High Commission in Ottawa, a person who receives a returning resident entry clearance (irrespective of the length of their stay outside of the UK) can then settle in the UK (8 Dec. 2004). While indicating that they must register as residents once in the UK, the entry clearance manager was not aware of any important differences between the rights and privileges of a returning resident and those of a permanent resident (British High Commission 8 Dec. 2004). In other words, if they pay taxes and are bona fide UK residents, they should be entitled to social security and as for drawing state pensions, they are considered on par with other UK residents, and are entitled to a pension based on the number of years that they worked in the UK (ibid.).

For further information on the issuing of entry clearances for returning residents who have been away from the UK for less than two years, or for more than two years, please see the relevant attachment.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

British High Commission in Ottawa. 8 December 2004. Telephone interview with an entry clearance manager and consul.

Embassy of the United Kingdom in Washington, DC. n.d. "Entry Clearance for UK Residence Permits." [Accessed 2 Dec. 2004]

UKvisas. 7 September 2004. "Guidance – Returning Residents." [Accessed 3 Dec. 2004]
_____. 7 March 2003. "Diplomatic Service Procedures – Entry Clearance Volume 1: General Instructions." [Accessed 9 Dec. 2004]
_____. 1 July 2002. "Entry Clearance Fees." [Accessed 6 Dec. 2004]

United Kingdom (UK). nN.d. Home Office, Immigration and Nationality Directorate. "Returning Residents." [Accessed 2 Dec. 2004]

Attachments

Ukvisas. 2004. "Non-Settlement Form (VAF1 2004)." 7 pp. [Accessed 9 Dec. 2004]
_____. 7 March 2003. "Diplomatic Service Procedures – Entry Clearance Volume 1: General Instructions," 2 pp. [Accessed 9 Dec. 2004]