The UK Returning Resident visa provides a pathway for former permanent residents to resume their settled status in the UK after spending an extended period abroad. For HR professionals and employers, understanding this route is important when supporting staff who may be affected, particularly where employees are relocating back to the UK or seeking to re-establish their careers after time overseas.
What this article is about: This guide explains the Returning Resident visa in detail, covering eligibility rules, the application process, the implications for employers, and practical HR guidance for supporting staff. It is designed for HR directors, managers, and business owners who may encounter employees or job applicants relying on this visa route. By understanding the Returning Resident visa, HR teams can ensure compliance with UK immigration law while providing appropriate support to affected individuals.
The Returning Resident visa plays a critical role for those who previously held Indefinite Leave to Remain (ILR) but spent long enough outside the UK to risk losing their settled status. This includes individuals who may have left for family reasons, overseas work assignments, or personal circumstances. Employers must be alert to the impact of absences on ILR, as well as the evidential and legal requirements for re-entry under this visa.
For HR teams, the Returning Resident visa raises practical considerations around right to work checks, employee reintegration, and compliance. The rules are strict and applications are discretionary, meaning decisions turn on the strength of UK ties, reasons for absence, and future intentions to settle. Employers therefore benefit from being prepared to support employees with the process and to manage workforce planning risks where applications are uncertain.
Section A: Understanding the Returning Resident Visa
The Returning Resident route exists to allow former holders of Indefinite Leave to Remain (ILR) to resume settlement after a prolonged period abroad. It is a discretionary route: caseworkers assess each application against factors such as the strength of an applicant’s continuing ties to the UK, the reasons for their absence, the length and quality of residence before departure, and their intention to settle permanently on return. Where absence has been less than two consecutive years, ILR does not normally lapse and no Returning Resident application is required.
1. What is the Returning Resident visa?
The Returning Resident visa is a mechanism to restore lapsed ILR for people who have been outside the UK for more than two consecutive years. Without it, they would be treated as first-time entrants and need to qualify under a standard immigration route. A successful Returning Resident application permits readmission as a settled person; it is not a grant of limited leave.
Because decisions are discretionary, applicants should present a coherent explanation of their absence (for example, overseas employment, study, or compelling family/medical reasons) alongside evidence of continuing UK connections and a clear plan to re-establish life in the UK.
2. Eligibility criteria – who can apply
Applicants must demonstrate:
- They previously held ILR (settlement) in the UK, with evidence such as a Home Office letter, an expired BRP, or historic passport endorsements.
- Their absence exceeded two consecutive years and was not intended to be permanent.
- Strong and continuing ties to the UK (e.g., close family resident in the UK, property, financial footprint, community links, or a confirmed UK job/business interest).
- An intention to settle permanently in the UK on return.
- Context around the absence and the length/quality of residence before departure.
Dependants: there is no derivative entitlement. Each family member must qualify in their own right as a Returning Resident (i.e., show previous ILR). Family members who never held ILR generally need to apply under the appropriate family route instead.
3. Key differences between ILR, settlement, and Returning Resident status
ILR and settlement are interchangeable terms describing the right to live and work in the UK without immigration time limits. Settlement normally lapses after more than two consecutive years abroad. The Returning Resident visa enables restoration of that status following case-by-case assessment; it is not a new, time-limited route. On approval and re-entry, the individual is again treated as settled for immigration and right to work purposes.
Evidence format: older documents (e.g., expired BRPs or letters) remain valid proofs of past ILR. As physical BRPs are being phased out, returning residents should expect their status to be held digitally; employers will generally verify via the online right to work service.
Section Summary: The Returning Resident route restores lapsed ILR where absence exceeded two years, subject to a discretionary assessment of UK ties, reasons for absence, prior residence, and future intent to settle. It is available only to people who previously held ILR; family members without prior ILR must use the relevant family routes. On successful return, the person resumes settlement and the associated unrestricted right to work.
Section B: Application Process
Applications for a Returning Resident visa must be made from outside the UK. Individuals cannot travel back to the UK and then apply; they must secure approval before re-entry. For HR professionals, understanding the process helps in managing expectations, supporting employees with evidence gathering, and anticipating timescales.
1. How to apply from overseas
Applications are submitted online via the GOV.UK portal. Once completed, applicants pay the fee, book an appointment at a visa application centre, and enrol biometric information (fingerprints and a photograph). They must wait for a decision before travelling. If approved, they re-enter the UK as a settled person, resuming ILR immediately on arrival.
2. Required documents and evidence
Because this is a discretionary route, the strength of supporting evidence is decisive. Common documentation includes:
- Proof of previous ILR, such as expired BRPs, passport vignettes, or Home Office letters.
- Evidence of continuing UK ties – property deeds, tenancy agreements, UK bank accounts, tax or utility records, community or membership records.
- Close family links in the UK, supported by birth, adoption or marriage certificates.
- Employment or business connections, such as job offers, contracts, or employer reference letters.
- Evidence explaining reasons for absence, e.g. overseas work contracts, study enrolment, or medical documentation.
Employers can play an active role by supplying confirmation of UK employment opportunities, reference letters, or HR documentation, which can substantially strengthen an applicant’s case.
3. Fees, processing times, and biometric requirements
As of 2025, the application fee for a Returning Resident visa is £637. There is no Immigration Health Surcharge (IHS) payable. Applicants must also pay any local biometric enrolment fees charged by the visa application centre.
Processing times typically range from 3 to 6 weeks, depending on caseload and the country of application. Priority processing may be available for an additional cost. All applicants must provide biometric information (fingerprints and a digital photograph). If granted, the Returning Resident visa restores settlement status indefinitely, confirmed on entry. The status will be recorded digitally (eVisa), as BRPs are being phased out.
Section Summary: The Returning Resident application is lodged online and completed overseas. Applicants must provide strong evidence of continuing UK ties, valid explanations for absence, and proof of prior ILR. Employers can contribute important employment evidence. The £637 fee is payable, but no IHS is due. Successful applicants resume ILR, confirmed digitally on arrival.
Section C: Employer Considerations
For HR professionals, the Returning Resident visa engages both compliance and workforce planning responsibilities. Because the visa restores settlement only once granted and the employee has re-entered the UK, employers must carefully manage right to work checks and contingency planning.
1. Right to work implications for employees returning on this visa
If ILR has lapsed due to more than two years’ absence, the individual no longer has the right to work until the Returning Resident visa is granted and they have re-entered the UK. Employers cannot legally employ or continue employing them during this period.
On successful return, the individual is considered a settled person again with unrestricted right to work. Employers must conduct a fresh right to work check, either using the digital status share code (as eVisas replace BRPs) or, if still issued, checking a new BRP. Failing to undertake compliant checks risks civil penalties of up to £45,000 per worker for a first breach, rising to £60,000 for repeat breaches from 2025.
2. Supporting staff with applications
Employers can assist employees by:
- Issuing confirmation of employment offers or continuation of work in the UK.
- Providing reference letters to demonstrate ongoing professional links to the UK.
- Advising on timelines and planning start dates around visa processing.
- Offering relocation or reintegration support once the visa is granted.
While the responsibility for applying lies with the individual, employer support can be pivotal, helping evidence the applicant’s genuine intention to settle permanently in the UK.
3. Risks and compliance issues if an application is refused
A refusal means the individual cannot return as a settled person. They may need to apply under another immigration route, such as the Skilled Worker visa, which requires the employer to hold a sponsor licence and meet salary thresholds. Refusals therefore carry both:
- Legal risks – liability for employing someone without the right to work.
- Operational risks – disruption if a key employee cannot return to the workforce.
In refusal cases, there is generally no right of administrative review. Appeal rights are limited to human rights grounds, though judicial review may be an option in certain circumstances. Employers should consider contingency plans and, where sponsorship is possible, prepare for alternative immigration routes.
Section Summary: Employers must not allow work until ILR is restored through the Returning Resident visa. Once status is reactivated, a compliant right to work check is essential. Employer support can strengthen applications, but refusals may force consideration of sponsored routes or workforce alternatives. HR teams should prepare for both compliance obligations and operational risks.
Section D: Practical HR Guidance
HR responsibilities in Returning Resident cases extend beyond compliance. Employees re-entering the UK after long absences may require tailored support to reintegrate effectively. A proactive approach helps the employee and minimises business disruption.
1. Supporting relocation and reintegration of staff
Employees returning on a Returning Resident visa may face practical challenges re-establishing life in the UK, such as arranging accommodation, registering with healthcare providers, or schooling for children. HR can assist by:
- Offering relocation support or signposting to relocation specialists.
- Allowing flexible start dates or phased returns to manage logistical issues.
- Extending employee assistance programmes (EAPs) to help with wellbeing and adjustment.
These measures can reduce stress for the employee and ensure a smoother transition back into the workplace.
2. Internal HR policies for employees returning to the UK
Employers should review their HR policies to ensure they address the unique issues arising in Returning Resident cases. Policies may include:
- Absence and leave policies that clearly explain how prolonged overseas absence can impact ILR and right to work.
- Relocation policies outlining available support for international moves.
- Onboarding processes adapted for returning employees, covering new right to work checks, payroll reactivation, and benefits enrolment.
Consistency in policy application avoids ad hoc decision-making and provides clarity for staff and management alike.
3. Contingency planning if the visa is refused
Because Returning Resident applications are discretionary, refusals are possible even where strong ties exist. HR should prepare for this outcome. Planning may involve:
- Exploring alternative routes such as Skilled Worker sponsorship if the business holds a sponsor licence.
- Identifying interim staffing solutions, such as temporary contractors or secondments.
- Communicating transparently with affected employees about the implications of a refusal and next steps.
Where refusals occur, legal advice may be necessary, particularly as there is no administrative review route and appeal rights are limited to human rights grounds. Judicial review may be available in certain circumstances.
Section Summary: HR teams should approach Returning Resident cases holistically, supporting relocation and reintegration, ensuring policies are fit for purpose, and preparing for possible refusals. This mitigates operational risk while demonstrating support for staff.
FAQs
How long can someone stay outside the UK before losing ILR?
ILR normally lapses after more than two consecutive years abroad. If the absence is less than two years, ILR remains valid and no Returning Resident application is needed.
What evidence helps prove strong ties to the UK?
Evidence can include close family members resident in the UK, property ownership or tenancy, UK financial records such as tax or bank accounts, community or membership ties, and future plans such as a confirmed job offer. Employer confirmation of employment is particularly persuasive.
Can dependants apply as Returning Residents?
Dependants cannot derive status automatically. Only individuals who previously held ILR may qualify. Family members without ILR must usually apply under family visa routes, such as a Spouse or Child visa.
What happens if a Returning Resident visa is refused?
Refusals mean the applicant cannot return as a settled person. They may have to apply under another visa route such as Skilled Worker sponsorship, subject to employer eligibility. There is no administrative review for refusals, and appeal rights are limited to human rights grounds. Judicial review may be available in limited cases.
Is the Immigration Health Surcharge payable?
No, the Immigration Health Surcharge is not payable for a Returning Resident visa application.
Will applicants receive a BRP?
Physical BRPs are being phased out. Returning Resident visa holders will generally receive digital status (eVisa), which employers can check using the online right to work service.
Conclusion
The Returning Resident visa is an important mechanism for individuals who previously held ILR but lost it after more than two years abroad. For employers and HR teams, awareness of this route is essential to managing compliance risks and supporting staff returning to the UK.
Applications are discretionary and depend on strong evidence of continuing UK ties, the reasons for absence, and a clear intention to settle permanently. Employers can play a key role in supporting staff by providing employment evidence and planning for reintegration, while also preparing for possible refusals.
From a compliance perspective, no work may commence until the visa is granted and the individual has re-entered the UK. A fresh right to work check is mandatory. With civil penalties now at £45,000 per worker for first breaches and £60,000 for repeat breaches, HR teams must be rigorous in their checks.
By combining compliance with supportive practices, HR professionals can minimise legal and operational risks, safeguard workforce continuity, and help employees re-establish their careers and personal lives in the UK.
Glossary
| Term | Meaning |
|---|---|
| Indefinite Leave to Remain (ILR) | Settled status allowing an individual to live and work in the UK without immigration restrictions. Normally lapses after two years abroad. |
| Settlement | Another term for ILR, granting permanent residence in the UK. |
| Returning Resident visa | A visa enabling a former ILR holder who has been absent from the UK for more than two years to restore their settled status. |
| Biometric Residence Permit (BRP) | A card previously issued by the Home Office to confirm immigration status. Being phased out and replaced by eVisas. |
| eVisa | Digital proof of immigration status replacing physical BRPs. Employers verify status through the online right to work service. |
| Right to Work | The legal entitlement to work in the UK, confirmed through compliant checks carried out by employers. |
Useful Links
| Resource | Link |
|---|---|
| GOV.UK – Returning Resident visa guidance | https://www.gov.uk/returning-resident-visa |
| GOV.UK – Right to Work checks | https://www.gov.uk/check-job-applicant-right-to-work |
| DavidsonMorris – Returning Resident visa | https://www.davidsonmorris.com/resident-return-visa/ |
| Xpats.io – Returning Resident visa | https://www.xpats.io/returning-resident-visa/ |
Author
Gill Laing is a qualified Legal Researcher & Analyst with niche specialisms in Law, Tax, Human Resources, Immigration & Employment Law.
Gill is a Multiple Business Owner and the Managing Director of Prof Services - a Marketing & Content Agency for the Professional Services Sector.
