Table Of Contents:
- Lapsed Temporary Leave
- Lapsed Settlement
- Proof of Someone’s Settlement Status in the UK
- Applications for Entry Clearance as a Returning Resident
- Eligibility Requirements for Returning Residents
- Granting Entry Clearance
- Final Thoughts
A person is granted leave for up to a certain period, depending on their immigration application. For example, if they have applied for a UK visitor visa, they may be granted a leave of up to 6 months. On the other hand, settlement or indefinite leave to remain allows them to live, work, or study in the UK indefinitely. However, there is a provision called ‘lapsed temporary leave’ and ‘lapsed settlement.’ This means that a person’s permission to stay in the UK will lapse if they remain outside the UK for a certain period.
Lapsed Temporary Leave
The leave of a person will lapse on them whose stay in the UK is subject to a time limit and:
- They go to a country or territory outside the common travel area if they were granted a leave of up to 6 months or less or conferred by a visit visa.
- They have been outside the UK for more than 2 years continuously, where their leave has not yet expired.
If a person’s temporary leave has lapsed, they cannot apply as a returning resident to resume their leave or return using that leave, which would still have been valid had it not lapsed.
Lapsed Settlement
When a person holds a settlement, i.e., indefinite leave to enter or remain status, they are allowed to be outside the UK and the Islands only for a certain period of time or under certain circumstances specified in the Immigration LTERO (Leave to Enter and Remain) Order 2000. If they stay outside the UK and Islands for more than the permitted period or under circumstances not allowed, their settlement status lapses through the operation of law. The periods are
- More than 5 years, if they previously held settlement status in the UK under the EUSS
- More than 4 years, if they previously held settlement status in the UK under the EUSS as a Swiss citizen or a family member of a Swiss citizen
- Otherwise, more than 2 years
The LTERO sets out some exceptions that prevent a person’s leave from lapsing for the following people:
- A child or partner accompanying a member of HM (Her Majesty’s) Armed Forces overseas
- A child or partner accompanying a permanent member of the British Council, Foreign, Commonwealth & Development Office, or Home Office overseas.
If a person’s settlement has lapsed, they must apply for entry clearance to return and settle in the UK. A decision maker will assess the application for a returning resident under Appendix Returning Resident to the rules.
Proof of Someone’s Settlement Status in the UK
A person trying to enter the UK whose settlement has lapsed will be checked by Border Force officers. For this, officers must first check whether they were previously granted a settlement. Evidence of settlement status in the UK can be
- Endorsement of ILE (indefinite leave to enter) or ILR (indefinite leave to remain) in their passport, a BRP (Biometric Residence Permit), or on an immigration status document.
- NTL (No Time Limit) endorsement in their passport, a BRP, or on an immigration status document.
- Returning resident visa
- Open date stamp in their passport after ILE or ILR has been granted.
- An eVisa (an electronic version of a person’s immigration permission) that confirms they have settled in the UK.
The Home Office stopped issuing BRPs on 31 October 2024, and most BRPs expired on 31 December 2024. The Home Office has advised BRP holders to create a UKVI account to access their eVisa if they have not already done so.
If a passenger can provide evidence that they have been granted a settlement and they have been outside the UK within the permitted, they should be granted entry at the border.
Applications for Entry Clearance as a Returning Resident
If a person’s leave to remain or enter or indefinite leave to remain has lapsed due to their absence from the UK for more than the permitted time period, they need to apply for entry clearance before arriving in the UK. They need to apply for entry clearance if they want to regain their old immigration status, which would otherwise have been intact had they stayed outside the UK within the permitted time period.
Eligibility Requirements for Returning Residents
A returning resident must meet certain eligibility requirements when they apply for entry clearance before they arrive in the UK. They need to meet the entry requirement, intention to settle, strong ties to the UK, and parental consent requirement for a person aged under 18.
Entry Requirement
A person who wants to return to the UK must apply for and be granted entry clearance as a returning resident before arriving in the UK. They must have previously received a settlement status in the UK, which has lapsed due to their absence from the UK. The person is not required to have last left the UK with settlement status.
Intention to Settle
The applicant must prove their genuine intention to return to the UK for the purposes of settlement. For example, a person’s immediate reasons for wanting to resume their house hunting or job hunting prior to returning to settle some months later, would substantially demonstrate their intention to settle. Whereas, reasons to return for a short time for a fixed-term job, medical treatment, or study would not.
Strong Ties to the UK
A person can prove their strong ties to the UK in a number of ways. The decision maker, when assessing whether a person should be readmitted as a returning resident, will need to consider the nature of those ties and the degree those ties have been maintained during a person’s absence.
Such ties may include the following and more:
- Family ties
- Business ties
- Property ties
- Length of original residence and length of time spent outside the UK
Parental Consent for a Returning Resident Aged under 18
This is a requirement for returning residents who are aged under 18 on the date of application. They must provide written consent from both their parents, one parent if that parent has the sole responsibility for the applicant, or their legal guardian. The written consent must confirm the following:
- Support for the application itself,
- The living and care arrangements for the applicant in the UK, and
- The applicant’s travel and reception arrangements in the UK.
Granting Entry Clearance
The decision makers must issue entry clearance with indefinite leave to enter to a person whose settlement has lapsed, and they satisfy the requirements in Appendix Returning Resident to the rules. The person will be given an eVisa that confirms their status as a returning resident.
Final Thoughts
Anyone with valid leave to enter or remain or with indefinite leave to remain must comply with the conditions associated with the leave. One of those conditions is not staying outside the UK, only within the permitted time period (they have been mentioned above), and under certain circumstances. Staying outside the UK for more than the permitted time period may result in the lapse of temporary leave, and indefinite leave to enter or remain.
In such circumstances, you must apply for entry clearance to return to the UK. You must apply and be granted entry clearance before you arrive in the UK. For this application, you must meet the eligibility criteria by showing required evidence. For any assistance, you should consult an immigration lawyer.
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