Guidance

Lapsing leave and returning residents: caseworker guidance

Immigration staff guidance on processing returning resident applications.

• From: UK Visas and Immigration
• Published: 6 July 2018
• Last updated: 26 September 2024 — See all updates

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Lapsing leave and returning residents

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Details

UK Visas and Immigration guidance on how staff make decisions on returning resident applications, including information about who is considered a returning resident under the Immigration Rules.

Published 6 July 2018
Last updated 26 September 2024 + show all updates

1. 26 September 2024

   Updated to account for the withdrawal of the 'replacement biometric residence permit' service.

2. 16 January 2024

   Updated to reflect amendments to the Immigration Rules allowing those with lapsed settled status under the EU Settlement Scheme to apply to resume their settlement in the UK by applying for entry clearance as a returning resident. There is also a minor change providing more detail about the refusal of leave to enter where there are doubts about whether a person’s settled status has lapsed.

3. 28 December 2023

   Guidance renamed from 'Returning residents'. Updated to reflect amendments to Appendix Returning Residents in the Immigration Rules. Moved the requirement to have previously held settlement from validity to eligibility. Added fuller information about lapsing leave and how Border Force officers should consider entry at the border for those who have previously been granted settlement.

4. 5 October 2023

   Updated to reflect the introduction of Appendix Returning Residents into the Immigration Rules.

5. 12 April 2023

   Guidance updated to reflect changes to the Immigration Rules to allow a person whose indefinite leave (settlement) has lapsed to apply to resume their settlement as a returning resident if they have subsequently returned to the UK as a visitor.

6. 24 January 2022

   Updated guidance to clarify the historical impact of Section 1(5) of the Immigration Act 1971 on the immigration status of Commonwealth citizens. Previous versions of Home Office guidance contained errors regarding the impact that this legislation had. The Windrush Scheme policy (and relevant guidance documents) has also been updated to reflect this issue.

7. 4 February 2021

   Added amendments relating to COVID related absences and clarified details relating to visa endorsements.

8. 13 July 2018

   Minor amendments to the examples within the guidance.

9. 6 July 2018

   First published.