Case Study – Returning resident – Paragraph 18 of HC395

Virgo Solicitors Limited assisted a client seeking leave to enter the UK as a returning resident who had ILR in the UK when he last left in 2012 but had been away from the UK for more than 2 years living in his native Sierra Leone. Leave lapses on the holder remaining outside the UK for a continuous period of more than 2 years by reason of Paragraph 20 of HC395. The decision to admit a person who has been outside the UK for more than 2 years is at the discretion of the Secretary of State for the Home Department. With our assistance, the client was able to successfully apply for re-admission. The Secretary of State exercised his discretion favourably taking into consideration strong representations submitted in support of the client’s relevant circumstances such as the length of his original residence in the UK, the strength of his family ties in the UK and the fact that his application for re-admission was to enable him to resume his residency.