Reactivating a 'Lapsed IRL'?

Hi Everybody,

I'm an American citizen and would like to move back to the UK, during or after Covid. I have ILR in the UK, but it may no longer be valid. I found some options and would like your thoughts on them.

I lived in London from 2008-2015, working as a Lecturer at the University of London. In 2013, I applied for ILR and received it. My ILR card expires in 2023. I've been living in Minnesota from 2015 until now, so I've been out of the UK for about 6 years. I browsed the Home Office website and found:

Where a person is absent from the UK for more than 2 years, their indefinite leave will automatically lapse.
From newcomer link: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/958708/returning-residents-v3.0ext.pdf [nonactive]

In that case, my ILR is no longer valid, but there seem to be options. On the same webpage, I found that:

Any applications for readmission following a 2 year absence, must be made at a UK visa application centre … or the Windrush scheme.

Any suggestions on which option I should focus on, going to UK visa application centre or the Windrush scheme? Other thoughts? For what it's worth, I'm not in a hurry.

Thanks for any suggestions,

Steven

Welcome .

Honestly, I really don’t think you are going to be able to reactivate an invalid ILR... which involves applying for a Returning Resident visa (which is what you linked to in your post above):
https://www.gov.uk/returning-resident-visa

We have had a few people attempt to apply for a Returning Resident visa over the last few years and I think only 1 person has been granted it.

All the others were refused.

One girl, who moved to the UK as a child and then left the UK to attend college in the US, applied for a returning resident visa a few years ago to go back to her family... and it was still refused, even though her parents and all her siblings still lived in the UK!

In order to qualify, you would have to show VERY STRONG ties to the UK that you have maintained since 2015... for example, your immediate family members live in the UK, you currently pay taxes/make NI contributions to the UK, you own a business in the UK, you own property in the U.K. etc.

Since it’s very unlikely you will qualify for a Returning Resident visa, if you wish to move back to the U.K., you will most likely have to start from scratch with a new work visa and then see if you can qualify for ILR again after 5 years of working here.

The Windrush Scheme does not apply to you... it’s for immigrants who came to the UK to work after World War II (mainly from the Caribbean and generally before 1973), but whose immigration data/evidence of right to live in the UK was accidentally lost by the government in 2018 and many were wrongly deported (https://en.m.wikipedia.org/wiki/Windrush_scandal).


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The person who was successful in the Returning Resident application was a roll of the dice. She shouldn’t have been granted it, but was. I think it was a £400 gamble at the time and paid off… so. Could be worth a go. 

The reality is, it’s indefinite leave to REMAIN.  The emphasis is on the remain, not the indefinite.  As long as you don’t leave, you can remain forever…. So that’s where it gets sticky.

But if you don’t mind gambling on the fee, it’s *possible*. Just need a case worker having an off day.   

Thanks very much for the detailed answers. They remind me of what it was like getting my ILR the first time. The rules were clear, and for the most part, they were followed. I don't have family, properly, or a business in Britain, so I suspect my chances are small for reactivating my ILR. I rarely have much spare time, so I try not to spend it on things that have a low chance of succeeding. In this case, I'll think about applying again, for another work permit. If I do, I'm sure some of the details have changed, but my previous experience will still help.

Thanks again,

Steven

I responded while out and about yesterday.  The application is £516 now.

Yes the skilled worker visa has changed in title but if you qualified in the past, it's likely you would be able to get one again.

I'll think about applying again, for another work permit. If I do, I'm sure some of the details have changed, but my previous experience will still help.

The visas have changed a lot since you would have applied in 2008.

The UK have recently replaced the Tier 2 (General) visa (which was the Tier 2 visa that led to ILR) with the Skilled Worker visa. As said, it shouldn't be a problem for you to get this visa with your skills.
https://www.gov.uk/skilled-worker-visa