Lapsing leave and returning residents: caseworker guidance

Changes have been made to reflect Part Suitability, which replaced Part 9 Grounds for Refusal in the Immigration Rules.

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

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.

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.

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

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.

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.

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

Minor amendments to the examples within the guidance.

First published.