Enter, stay in and return to the UK

What Does ‘Leave’ or ‘Permission’ mean in UK Immigration Law?

In UK immigration law, a person who is not a British citizen and otherwise does not have the right of abode needs to obtain permission to be in the UK. This permission has traditionally been called ‘leave to enter’ or ‘leave to stay (remain)’ in the UK.

A British citizen has the right of abode, defined in the Immigration Act 1971 as a person being ‘free to live in, and to come and go from, the UK without restriction’. Everyone else must obtain immigration permission, which is granted with time‑limited conditions on entering or staying in the UK.

What is Leave to Enter?

For those applying for permission outside the UK, they are granted Leave to Enter, which allows a person to enter the UK for a time‑limited period.

Leave to Enter (or permission to enter) is also commonly referred to as ‘entry clearance’. This is often called a visa so therefore common examples include visit visas or visas to work or study in the UK.

Leave to enter can be granted at the border in some circumstances for non-visa nationals.

See more information on visit visas.

What is Leave to Remain?

For those applying for permission inside the UK, they are granted Leave to Remain, which allows a person to stay in the UK for a time‑limited period. Leave to Remain is also referred to as permission to stay. 

Indefinite Leave to Remain (ILR) is permission granted with no time-limit on how long the person can stay in the UK. 

Both Leave to Enter and Leave to Remain are time‑limited forms of immigration permission. They have set expiry dates and allow an individual to enter or remain in the UK for a defined period.

What is the difference between Leave and Permission?

In UK immigration law, the terms leave and permission are legally equivalent. They refer to the same form of immigration status.

Recently the Immigration Rules have increasingly used the term permission to stay in place of leave to remain, but in law there is no difference between the two.

Conditions on your stay in the UK 

In addition to the time limit on your permission to stay in the UK, your visa is normally granted with specific conditions depending on your immigration route and circumstances. You may have full rights to work and study, or you may face restrictions on the type of work you can do. A common condition is No Recourse to Public Funds, which prevents access to certain benefits.

These conditions must be complied with. For example, Student visa holders must not work more than 20 hours per week during term time.

If these conditions are not complied with, the Home Office may curtail your visa, meaning your permission can be brought to an end earlier, before the expiry date.

What happens when my visa expires?

You only have the permission to stay in the UK while your visa is in date. The permission ends and therefore your rights to remain and the conditions attached cease after the date your visa expired. 

You should consider if you can stay in the UK by extending your stay on your current visa route or switching to a different immigration route. 

What applications are available to stay in the UK?

There may be immigration applications available to you depending on your circumstances and provided you meet the eligibility requirements.

Read about personal immigration options. 

Extending your stay in the UK

This means applying to continue on your current immigration route. Not all routes allow extensions (for example, the Graduate visa route), and some have maximum time limits on how long you can remain in the category (for example, student routes have limits depending on the level of your course). Whether you can extend depends on the rules of your specific visa.

Switching to a different immigration route

This means applying to change to a different visa category from inside the UK. You must meet the requirements of the new route and any switching restrictions. For example, some students must complete their course before switching to the Graduate visa route.

Consequences of not applying in time

Staying beyond the expiry date of your visa is not permitted under UK immigration law. If your permission ends, you lose your right to remain in the UK and any conditions attached to your previous visa. This can leave you with insecure immigration status. 

Consequences include that you will lose any conditions which you had on your previous visa.

Losing your permission can:

• break your continuous residence for future settlement in the UK
• affect future immigration applications
• remove any conditions you previously held (for example, the right to work).

It is essential to apply before your visa expires. If you apply in time, your rights and conditions continue while the Home Office considers your application. This protection is known as Section 3C leave.

Importantly, there is no grace period. A late application may be accepted within 14 days, but only if you have a good reason and the Home Office accepts it. A late application does not protect your rights while you await a decision, as explained above under Section 3C leave.

If you have insecure or unclear immigration status, you may be vulnerable to immigration enforcement, which in the worst scenario could lead to removal from the UK. You should seek legal advice on how to regularise your status.

Read about Regularising your stay in the UK.

Indefinite leave to remain and settlement in the UK

Settlement, also known as Indefinite Leave to Remain (ILR), means there is no time limit on how long you can stay in the UK. Obtaining ILR also removes previous restrictions, such as limits on working and study, and it also allows access to public funds.

Settlement is usually required before applying for British citizenship.

Read about British Citizenship.

If you obtain ILR, you can sponsor certain family members. Having ILR can affect the citizenship routes available to children.

Read about British Citizenship for Children.

How do I prove my immigration status in the UK?

The UK immigration system has moved to a digital system of eVisas, meaning most people now prove their immigration status online using a share code generated from their eVisa, rather than a physical document. 

If you were in the UK before the change you may have been issued a Biometric Residence Permit (BRP) with an expiry date of 31 December 2024, even when your actual permission lasts longer. This BRP expiry does not affect your immigration status. Your permission continues until the date in your Home Office decision, and you should use the online service to prove your status. It is important that your eVisa is kept up to date by updating your contact details and your identity document. If your eVisa is still linked to an expired passport, you may face difficulties proving your status when travelling.