Understanding the Returning Resident Visa: Requirements, Eligibility, and Application Process
Returning Resident visa caters to those who previously had indefinite leave to remain in the United Kingdom (also known as “settlement”) which has now lapsed, and who now want to return to and settle in the UK.
If the visa application is successful, having been granted permission to re-enter the UK, the applicant's residential rights and benefits will be restored.
The Returning Resident visa application must be submitted from outside of the UK and the following validity requirements must be met:
- The application must be submitted on the ‘UKA/ROA/RR’ form or (for applicants under the Windrush Scheme) the ‘Windrush Scheme application (Overseas) form
- The applicant must be outside the UK
- The required fees must be paid (no fee is required for the Windrush Scheme)
- The required biometrics must be provided
- The applicant’s identity and nationality must be established
- There must be a record of the applicant being previously granted settlement in the UK, which has now lapsed due to the absence
On the application, the genuine intention to settle in the UK must be demonstrated as well as strong ties to the country through family, assets or business connections. Furthermore, the length of time the applicant had lived in the UK before their departure will also be a factor in considering whether there is a strong link. As such, the longer the period of residence in the UK was, the more reason will be to believe that the applicant has established a strong connection with the UK.
Important to note that when assessing an application, the Home Office will also take into consideration the reason for the prolonged absence, would it be medical treatment, caring for a family member, overseas employment/self-employment or studies. Overstaying due to inability to travel can also be taken into consideration.
Lastly, some applicants might be subject to a TB test requirement.
The application fee is currently set at £637. The current processing time is 3 weeks. If the application is successful, the passport will be endorsed with an entry clearance vignette valid for 3 months. The BRP card will be available for collection at a designated post office upon arrival in the UK.
At Chan Neill Solicitors LLP we have an experienced immigration team which has been successfully assisting applicants with a Returning Resident visa for many years. Do not hesitate to contact us for advice and assistance.
UK Mortgage | Legal Counsel Approved by Lenders
In the UK, a Loan is a way for most people, especially for office workers to buy a property. With rents in the UK going through the roof, more people are considering taking out a bank loan to purchase a property to have a stable place to live.
The most familiar procedure of purchasing a property is that once the budget has been confirmed and the offer has been accepted by the seller, the seller will need to appoint a property solicitor to handle the whole purchase process for them.
However, it is not necessarily for the buyer to appoint a solicitor with their will.
What is a Bank Panel?
The buyer’s conveyancing must transfer both the deposit and the loan funds to the seller.
When obtaining a loan to purchase a property in the UK, it is common practice to engage a property solicitor to represent both the bank, and the lender, and provide various legal documents.
Therefore, it is crucial to instruct a trustworthy property solicitor for the lender’s benefit.
This means the buyer must gain the Lender’s approval for their chosen property solicitor before proceeding. Failure to do so may result in the lending bank denying the loan application.
To facilitate the choice of property buyers, the vast majority of UK banks will pre-screen law firms that they believe are qualified, reputable and can be confidently instructed to add to their list of Panels to work with. That being said, banks are usually only willing with solicitors who are on their panel.
What can Property Solicitors do for Lenders?
If the property is purchased using a mortgage, the buyer will need to provide the Lender with the property solicitor’s details and the Lender will then need to transmit the Mortgage Offer to the solicitor.
Meanwhile, the solicitor is obliged to report to the Lender on relevant circumstances and changes regarding the buyer and the property, such as the results of the AML check on the buyer’s fund for the purchase of the property, and whether there has been a change in the price of the property.
*AML check – Anti-money laundering checks are one of the customer due diligence measures required by regulated businesses to comply with money laundering regulations and prevent financial crime.
All of this can potentially affect the amount the Lender ultimately lends to a buyer.
Before handing over the property, the solicitor will submit a title deed requesting the loan funding following the lender’s drawdown regulations.
So if the buyer doesn’t instruct a solicitor on the Bank Panel, will it still work?
Although there is no requirement to instruct a solicitor on the bank’s Panel to buy a house in the UK. But if you don’t, the Lender will employ another solicitor on their Panel in addition to the solicitor employed by the buyer to look after the transaction.
Then with the seller’s property solicitor, there will be a total of 3 solicitors involved in the property transaction and communication between the parties will take longer.
At the same time, the Lender’s legal fees for appointing a solicitor are generally paid by the buyer, and if the buyer does not choose the solicitor on the Panel, the buyer will have to pay an additional amount for legal fees, so it is not recommended that you do so.
Which banks are Chan Neill Solicitors on the Panel?
Chan Neill Solicitors has been established for 20 years and has built up a good reputation and credibility among clients and various partner organisations as a professional legal institution worthy of trust.
We are Panel members of over 60 banks and financial institutions in the UK, including Lloyds Bank, Barclays, HSBC, Metro Bank, Royal Bank of Scotland, Halifax and other smaller banks or financial institutions.
As well as providing legal services to both the buyer and the bank at the time of the purchase, our property solicitors can take care of the formalities required after handover, which include:
- Payment of Stamp Duty Land Tax ( SDLT)
- Land Registry
When the registration of the property is complete, the solicitor will forward the registered title to you to confirm that you own the property. The solicitor will also send a copy of the title deeds to your lender.
If you are planning to purchase a property with a loan, you are welcome to contact Chan Neill Solicitors on Instagram, Facebook, LinkedIn, and Twitter or call us on 020 7253 7781. Our team of property solicitors have extensive experience in acting for both local and overseas buyers and will be able to help you on your journey to settling in your new home.