Who is a returning resident?
A returning resident is someone who has obtained a permanent right of settlement in the U.K. and has been living in the U.K. but, having travelled abroad, requires re-admission to the U.K. as a 'returning resident'.

The conditions to be satisfied
If a returning resident has been away from the U.K. for less than two years he/she may be admitted with a permanent right of settlement provided he/she intends to settle in the U.K. as before. He/she does not need to obtain any kind of visa or entry clearance for returning to the U.K for settlement. The Home Office, suggest however, that a returning resident who has stayed abroad for more than 2 years should be advised to apply for an entry clearance to the nearest British mission abroad.

Absence of over two years
Those returning residents who have been away from the U.K. for more than two years have no automatic right of re-admission but they may be admitted if, for example, they lived in the U.K. for most of their life or have strong family or other ties with the U.K.

Frequent long stay abroad
Some people have lifestyles which involve them living in more than one country. Although the Immigration Rules are not specific about this, the returning resident rule has been interpreted by the judiciary as meaning that those who regularly stay abroad for most of their time and return to the within the two year limit to regain their settled status in the U.K. may be refused re-admission on the ground that the returning resident does not in fact intend to live here permanently. It is recommended that people to seek specialist immigration advice if their lifestyle is such that their intentions could be misunderstood in this way.

Position of British Citizens
All British citizens have a right of abode in the U.K. They are absolutely free to live abroad as long as they want and on their return to the U.K. they must be admitted at any time without any hindrance. The returning resident rule does not apply to British citizens and all those who have the right of abode: it applies only to those returning residents who have no right of abode.

Persons with limited leave to remain
When a person who is not settled in the U.K. but has only a limited leave to remain (for example, a student, visitor or working holidaymaker) leaves the country to go to another country, his/her limited leave lapses. Such a person who returns after a temporary absence abroad within the period of his/her leave to remain has no claim to admission as a returning resident. His/her application to re-enter the U.K. is to be considered in the light of all the relevant circumstances. He/she will normally be re-admitted with the same time limit and conditions attached to his/her previous stay provided he/she meets the requirement of the Rules applicable to his/her case.