Leave to Enter vs Leave to Remain

The Key Difference Between Leave to Enter and Leave to Remain

Leave to enter means you have been granted permission to enter the UK by immigration officers, either at the border (for visa-exempt countries) or with a qualifying visa. Border officers can assess your reasons for entering the UK and whether you meet your visa’s eligibility criteria or hold a passport qualifying for visa-free entry clearance. Leave to enter is typically automatically granted for non-visa nationals. 

Leave to remain (LTR), on the other hand, grants temporary or permanent permission to stay in the UK after entry. There are two types of leave to remain: 

• Indefinite leave to remain (ILR), which grants permanent residence in the UK under some conditions
• Limited Leave to Remain (LLTR) grants a stay for a specified period, often with certain conditions, such as no recourse to public funds or limited work rights. 

Limited Leave to Remain (LLTR) is typically for visa extensions or switching to another visa in the UK. For instance, if you enter the UK and don’t hold permission to work initially, you must get a work visa, valid for a set duration. Leave to remain permits foreign nationals in the UK to renew their permissions, switch visas for extended stays or apply for indefinite leave to remain when eligible.

While visa-exempt nationals can enter for short visits, they must apply for a visa if they wish to stay longer or switch to a different immigration status, such as work or study. For longer stays, they would need to get Leave to Remain status, which requires meeting specific visa conditions. 

If you overstay, breach the terms, or are criminally prosecuted, your leave to enter or remain permission could be revoked, you could be deported, or you could be barred from re-entering the UK for a period of time. 

The Biometric Residence Permit (BRP) can confirm your visa status, showing that you have leave to remain in the UK. It also outlines the conditions under which you can remain in the UK. Leave to remain BRP is for individuals who intend to stay in the UK for more than six months.

Leave to Enter the UK

British citizens, Irish citizens, and those with the right to abode in the UK do not need leave to enter permission. An individual who is neither a British citizen or Irish citizen or with the right to live in the UK must have a leave to enter the UK as a non-visa national. Some visa-exempt countries will allow you to come to the UK, and your ‘leave to enter’ is instead determined at your port of entry (such as an airport).

Visa-exempt nationals are citizens from certain countries who can enter the UK for short stays, typically up to six months, without a visa. Upon arrival, immigration officers grant ‘leave to enter’ at the border. This is commonly for tourism, business, or family visits, but visitors are not allowed to work, claim public funds, or extend their stay beyond the permitted period.

Some examples of visa-exempt countries include:

• United States
• Canada
• Australia
• Japan
• New Zealand
• Singapore

Note. An Electronic Travel Authorization (ETA) is required for entry clearance for all visa-exempt countries, except Europeans, from 8 January 2025. They can apply from 27 November 2024. This requirement includes eligible Europeans from 5 March 2025 who need an ETA for travel from 2 April 2025.

Key Requirements for Obtaining Leave to Enter the United Kingdom

A non-visa national must travel to the UK and report at the port of entry to obtain leave to enter the UK. They must prove their identity and nationality before travelling, and they will do the same in the UK by presenting their valid passports and other travel documents. They may be subject to further checks to confirm their travel purpose meets their visa conditions.

Pre-Stay & Border Checks

Under sections 3 and 4 of the Immigration Act 1971, the immigration officer can issue foreign nationals leave to enter the UK for a certain period.

The officer can impose one or all of the following conditions that may:

• Restrict the person’s studies in the UK.
• Require the person to register with the police.
• Restrict the individual from working in the country.
• Prove that the person can cater for their accommodation and needs, including financial support of their dependents without relying on public funds.
• Require the person to visit the relevant Medical Officer of Environmental Health.

It is an offence for an individual to ignore the above conditions intentionally. Also, it is an offence for an individual to remain in the UK beyond the stipulated period (Section 24 of the Immigration Act 1971).

Individuals will be informed of the associated terms and duration of stay in the UK either:

• By written notice placed in their passports or other travel documents, the immigration officer approved.
• By any other means the Immigration (Leave to Enter and Remain) Order 2000 permits.

Leave to Remain in the UK

Leave to remain is also known as limited leave to remain. It permits individuals present in the UK on a visa to remain until their visa expires. You must fulfil the conditions of your leave when living in the UK with leave to remain.

For instance, if you enter the UK via a Skilled Worker Visa, you must have a valid certificate of sponsorship. You must also meet the financial conditions, adhere to the purpose of visit stated on the visa, and not depend on public funds.

Leave to remain requires you to exit the UK after the expiration of your visa. However, you can extend your visa or apply for a new one to retain a lawful status in the country. Your situation and eligibility will determine if you’ll apply for further leave to remain or indefinite leave to remain.

If you have an approved UK visa, you’ll have the status of leave to remain. There are different conditions for UK visas, but there are many purposes for entering the country.

If you continue to meet your visa conditions, you can stay in the UK for the duration stated in your visa. You can obtain leave to remain in the UK if you have a Study Visa, Family Visa, Work Visa, etc.

Key Requirements for Obtaining Leave to Remain in the UK

If you have an approved UK visa obtained in the UK, or you’ve extended or switched your permissions, you’ll have the status of leave to remain. Here are some situations where you’ll need to obtain leave to remain.

• Leave to Remain can be granted when an individual applies for a visa from within the UK for the first time (e.g., a student in the UK switching to a work visa or a visitor switching to a family visa).
• If an individual is already in the UK with valid immigration status, they can apply for Limited Leave to Remain (LLR) to extend their stay under the same visa category (e.g., extending a work visa or a student visa).
• Leave to Remain also allows individuals to switch to another visa category while in the UK, provided they meet the eligibility requirements for the new visa (e.g., switching from a family visa to a work visa).
• Leave to Remain can also serve as a step towards Indefinite Leave to Remain (ILR), a form of permanent residence after someone has lived in the UK for a certain number of years on a qualifying visa.

If you meet your visa conditions, you can stay in the UK for the duration of your visa/visa extension. You can obtain leave to remain in the UK if you have a Study Visa, Family Visa, Work Visa, etc. You can extend your stay and get leave to remain in the UK under a Visitor Visa, but this is under exceptional circumstances and typically costs £1000. 

Difference Between Limited Leave to Remain and Indefinite Leave to Remain

Limited Leave to remain permits UK visa holders to extend their stay in the country for a specified period. While indefinite leave to remain allows individuals to live and work in the country permanently. Indefinite leave to remain is a status that requires a period of living in the UK with qualifying permissions, typically 5 years. 

If you have leave to remain in the UK, you cannot claim benefits or assistance. You must be able to service your accommodation and financial needs, including those of your family members. 

While indefinite leave to remain (permanent residence) allows an individual to live and work in the UK for the foreseeable future. Furthermore, after having indefinite leave to remain for an extra qualifying period, the holder can qualify to apply for British citizenship.

Suspension of Leave to Enter or Remain in the United Kingdom

An individual who entered the UK on a valid leave to enter must have been issued permission before entering the UK. They may be subjected to an examination by an immigration officer. 

The immigration officer conducting the examination can suspend the individual’s permission to enter or remain in the UK. This is contained under paragraph 2A of Schedule 2 to the Immigration Act 1971. 

If an individual is required to appear at an examination after their permission has been suspended. The individual can be detained until the examination is finished. After the exam, the immigration officer can grant leave to enter the UK or refuse it.

Conditions under Which Leave to Enter or Remain May be Suspended

Before your leave to enter or remain is suspended, the Home Office must provide legitimate conditions for the suspension. Below are the conditions under which your leave to enter or remain may be suspended:

Change of Circumstance

Your leave to remain may be suspended if your circumstances change and you’re ineligible for the specific UK visa you hold. For instance, you still have a Student Visa after graduating from a UK university.

Another situation could be if your purpose of entering the UK no longer suits your immigration category. This will make you ineligible for the visa and, therefore not meet the criteria set by the Home Office.

Threat to National Security

The UK border agency can suspend your leave to enter or remain if they believe you threaten national security. This may include suspicion of involvement in espionage, terrorism or any other activity endangering the country’s safety.

Suspending an individual’s leave to enter or remain in the UK is a proactive measure to safeguard institutions and citizens from possible harm. Decisions like this may cause the removal of such an individual from the UK.

False Information

An individual’s leave to enter or remain may be suspended if the immigration officer discovers that their immigration status is obtained through falsehood. Falsification of information includes the provision of forged documents in your visa application.

These forged documents can include false international passports, proof of funds, proof of accommodation, etc., or lying about your employment status, relationship, or other personal situations to qualify for a visa.

The Home Office takes stringent action against falsification of information to curb fraudulent activities to protect the credibility of the country’s immigration system.

When an individual is found guilty of obtaining immigration status through falsification of information, such an individual may be removed from the country. This can also complicate issues and get them a re-entry ban for a specified period.

Medical Grounds

Your leave to enter or remain in the UK can be suspended if it’s discovered that you pose a threat to health and safety. Should you carry a contagious disease, such as Pulmonary TB and other serious infections, your leave to enter or remain will be suspended. This helps UK government prevent the spread of diseases.

Duration and Implications of Suspended Status

The duration of a suspended leave to enter or remain in the UK relies on the actual situation that led to the suspension. Also, the result of any investigation or legal proceeding determines the duration of the suspended status.

When suspended, you will no longer be allowed to exercise the rights your visa granted you. For example, if you entered the UK through a work visa, you won’t be allowed to work in the UK.

In the worst situation of a suspended status, you may be banned from re-entering the country. This will depend on the kind of offence you committed. 

Legal Procedures for Reinstating Suspended Leave

There are legal procedures that can help to reinstate a suspended leave. These legal procedures depend on the individual’s situation and reason for the suspension.

You can get a lawyer to help you with your situation. Our experienced immigration lawyers can help you comply with UK immigration rules and prepare an application to reinstate your leave within the time limit. The lawyer can also represent you during a court or administrative proceeding.

A professional immigration lawyer will advise you and assist in covering all the legal procedures needed to reinstate your leave. This may include appealing a decision, applying for an administrative or judicial review.

Contact one of our IAA-certified immigration lawyers at IAS to help you prepare a case for your leave reinstatement. Call us today at +44 (0)333 414 9244 or message us online.

Rights and Restrictions During the Suspension Period

There are some rights and restrictions during the suspension of leave to enter or remain in the UK. These depend on the reason for your suspension and the specific situation.

Rights During Suspension

During suspension, you have the right to:

• Access emergency medical care.
• Have a legal representation.
• Submit additional evidence.
• Request a review or appeal (depending on your case).

Restrictions During Suspension

During suspension, you are restricted from:

• Appealing the UK authority’s decision to suspend your leave for participating in serious crimes.
• Enjoying the permissions your visa granted you in the UK.
• Travelling abroad.

Cancellation of Leave to Enter or Remain in the United Kingdom

An immigration officer can cancel an individual’s valid leave to enter when an individual arrives. However, immigration officers require a Chief Immigration Officer’s authority to cancel continuing leave to remain.

Grounds for Cancellation of Leave to Enter or Remain

Some reasons can cause an individual’s leave to enter or remain in the UK to be cancelled. These are determined by the individual’s situation and breach of immigration rules.

Certain situations can determine when it is mandatory (must) or discretionary (can) for an individual’s leave to be cancelled. Here are some grounds for cancellation of leave to enter or remain in the UK:

• When an individual is a threat to national security.
• The Secretary of State needs the individual’s leave to be cancelled.
• When a person is guilty of a serious offence.
• When an individual stops meeting the requirements of their leave.
• Failure to provide required information

Process and Authority Responsible for Cancelling Leave

An immigration officer with the appropriate authority can cancel an individual’s leave to enter or remain in the UK. When a continuing leave is cancelled, the word “CANCELLED” must be stamped across the leave in red ink.

A stamp of refusal must be set beside the cancelled leave as close as possible. A cancelled continuing leave sometimes requires a right of appeal inside the UK.

Consequences of Cancellation on the Individual’s Immigration Status

A person granted leave to enter or remain will be exposed to several consequences when leave gets cancelled. Such consequences include:

• Ordered to leave the UK voluntarily within 60 days or submit a fresh visa application.
• A re-entry ban can be imposed for more serious breaches of immigration rules, such as illegal entry or overstaying your visa for more than 90 days (which results in an automatic re-entry ban).
• Negative impact on chances to obtain a visa to another country.
• Loss of legitimate status to remain in the UK.
• Loss of the right to work or study if the individual holds a work visa or study visa, etc.

Appeal Rights and Procedures Following Cancellation

The appeal rights you have following the cancellation of your leave to enter or remain depend on your situation. Some leave cancellations don’t grant a right to appeal.

They also depend on the immigration rules you breached. Take the following steps to appeal a leave cancellation:

• Consult a professional immigration lawyer to help you from this point. Immigration lawyers can help build a compelling case.
• Know if you have the right to appeal the decision.
• Assess the reason for the decision.
• Assemble the appeal case, including the reason for your appeal and the required documents.
• If you are outside the UK or in the UK, submit the appeal within 28 days or 14 days of receiving the decision, respectively.
• Gather additional documents.

How Can IAS Help?

At IAS, our immigration lawyers can assist you in covering all your immigration issues. Our IAA-certified immigration lawyers can help you submit a comprehensive appeal. They can represent you during administrative or court proceedings.

Our expert immigration lawyers have helped many individuals to reinstate suspended or cancelled leave in the UK. Depending on your circumstances, our immigration lawyers can also help you apply for a discretionary leave to remain in the country. 

Contact us if you need more information on leave to enter or remain BRP or other ways IAS can help you. Call us at +44 (0)333 414 9244 or complete our online form for immediate assistance.