TNAG-2205-FCO40-3162-Immigration-policy-changes-to-rules-1990 — Page 67

A.

5.

6.

7.

Where a person seeks admission as a returning resident within two years of having had settled status, it will therefore nor normally be necessary

to make any further enquiries about he person's plans. On the other hand, if there are clear and substantial reasons to doubt whether the passenger is seeking admission as a returning resident, the immigration or entry clearance officer may make what enquiries he considers necessary to establish the passenger's intentions. If it is clear that the passenger only visiting the United Kingdom before resuming residence overseas, then the application should be treated

an application for leave to enter as a visitor.

is

This approach should normally enable an immigration officer to determine whether a passenger who seeks admission as a returning resident should be admitted on this basis or as a visitor. Very occasionally, where the immigration officer does not have sufficient information to determine whether

passenger who seeks admission as a returning resident qualifies for admission on this basis (for example, if it is not clear how long the passenger has been away or if it is difficult to confirm that he had settled status when he left), the immigration officer should consider whether it would be appropriate to grant leave to enter for a limited period. In

In these circumstances, the passenger should be advised to apply to the Home Office if he wishes to pursue his claim to admission as a returning resident.

In general, a flexible and commonsense approach should be adopted in applying the rules relating to returning residents, on the basis that the benefit of any remaining doubt should normally be given to the passenger if he or she in all other respects is apparently bona fide. Many people who have their home in this country may nevertheless spend substantial periods overseas, for example on business, or studying, or visiting relatives. This does not disqualify them from readmission as a returning resident provided that they are normally resident in the UK, or intending to resume residence here, and have not been away for more than two years. It should also be borne in mind that a person returning temporarily to the UK is not necessarily a visitor: if his ordinary place of residence is in the UK he should still be treated as a returning resident.

If an applicant previously settled here has been away for more than two years, consideration should be given to admission as a returning resident under paragraph 59 of the rules if, for example, he has lived here for most of his life or has close family or other connections with the UK.

General instructions will be amended in due course.