Have you heard of the two-year rule?

People with indefinite leave to remain in the UK who, after travelling abroad, seek to be readmitted to the UK to resume residence in this country are known as ‘returning residents’. Provided these individuals are not absent for a continuous period of more than two years, their indefinite leave status in the UK will not be deemed to have expired.

However, holding indefinite leave status in the UK does not exempt the person from examination by an Immigration Officer (IO) on arrival in the UK. To qualify as a returning resident, a person must therefore satisfy the immigration authorities on their return to the UK that they:

• had indefinite leave in the UK when they last left;
• have not been away from the UK for more than two years;
• did not receive assistance from public funds towards the cost of leaving the UK; and
• are seeking admission for the purpose of resuming residence in the UK.

Although a common sense approach to what is meant by resuming residence is usually applied by Border Force officials, they can sometimes be overzealous in concluding that a returning resident is actually only visiting the UK before resuming residence overseas.  In such cases, where an officer believes that a returning resident is temporarily visiting the UK before resuming residence overseas, he/she may seek to treat the passenger as a visitor and thereby put an end their permanent residency status.

If you are a returning resident, you should therefore be prepared to be questioned on arrival in the UK, especially if you are currently spending substantial periods overseas on short-term business contracts or for studies. Presenting evidence to show you maintain indefinite leave status whilst expressing a clear intention to resume UK residence could ensure the IO does not mistakenly re-admit you to the UK as a visitor.

For further advice on this subject, please contact your Smith Stone Walters advisor today.