Leave to Enter Guide

What Is Leave to Enter?

Leave to enter is the permission British immigration officers grant visa nationals at the port of entry. You will need leave to enter the UK if you are not a British citizen, Irish citizen or a Commonwealth citizen with the right of abode in the UK. Non-visa nationals must obtain permission to be allowed into the country at the UK port of entry.

Leave to enter is valid for a limited period. The time limit of your leave to enter and stay in the UK depends on your situation. It comes with conditions you must meet until your UK visa expires. 

Conditions Attached to Leave to Enter

Visitors seeking entry into the UK may fulfil certain conditions attached to their leave to enter. They may include:

• Restriction of your employment or occupation in the UK.
• Registration with the police.
• Restriction from studying in the country.
• Order to visit the relevant Environmental Health medical officer.
• Provision of your needs, accommodation and those of your family members (if any) without relying on public funds.

Duration of Leave to Enter

The duration of your leave to enter starts from the day you arrive at any UK port of entry. The leave to enter will last for the specified period your UK visa allows. The time limit of your leave to enter will be contained in a written notice or endorsement on your passport or travel document. 

Legal Rights under Leave to Enter

A person subject to immigration permission to enter the UK has some legal rights. These depend on the UK visa they hold, including:

• The right to temporary stay: Leave to enter allows individuals to stay temporarily in the UK. Your visa allows you to stay for a specified period.
• The right to work and study: Your right to work and study in the UK depends on your visa. If you are granted leave to enter on a Student Visa, you have the right to study in the UK. While studying, you can work for up to 20 hours per week.
• The right to healthcare: You can access the National Health Service (NHS) after paying the Immigration Health Surcharge (IHS) during your visa application.
• The right to bring dependents: If you hold an eligible visa, your dependents can join you in the UK. The eligible UK visas to bring dependents into the country include a Skilled Worker Visa, Ancestry Visa, Spouse Visa, etc.
• The right to protection: Individuals who hold leave to enter are entitled to the right to protection under UK laws. You will be protected by the Human Rights and Labour laws, including protection from discrimination.
• The right to obtain further leave: If you hold an eligible UK visa, you can apply to extend your stay in the UK. Also, you can switch to a different UK visa if you meet the eligibility criteria.

What if Your Leave to Enter is Refused?

Leave to enter the UK can be refused for many reasons, including if:

• You completed your visa application with forged documents. Or you provided false information about your situation when applying.
• You are not eligible for the UK visa you applied for.
• Your presence in the UK appears to be against the public good based on issues such as:
  • Threatening national security, e.g., terrorism and espionage.
  • Violating the immigration rules, e.g., overstaying or breaching the conditions of your permit.
  • Participating in serious criminal activities.
  • Engaging in other unacceptable activities.

Steps to Take if Leave to Enter Is Refused 

If your leave to enter the UK is refused, you can explore several alternatives:

Contact an Immigration Lawyer

If your leave to enter is refused, you should consult an immigration lawyer. Immigration lawyers understand the UK immigration rules and are experienced in handling settlement matters. They can analyse your situation and discover the reason your leave was refused.

They can also advise you and know how to settle the case best. Our IAA-certified immigration lawyers at IAS can help you with all immigration-related cases. Call us at +44 (0)333 414 9244 or message us online.

Immigration Decision Appeal

This entails petitioning the Home Office when you believe there was an error, breach of your human rights or incorrect interpretation of the law. You may have the right to appeal the refusal of your leave to enter the UK.

You’ll learn your eligibility for an appeal or administrative review from the decision letter you will receive after your leave refusal. If you’re outside the UK or inside the country, submit the appeal within 28 days or 14 days of receiving the decision, respectively.

Administrative Review

If you don’t have the right to appeal the refusal of your leave to enter by the Home Office, you may qualify to apply for administrative review. If you believe a mistake was made in refusing your leave to enter the UK, you can request an administrative review.

An administrative review is a formal petition that the Home Office should reassess an immigration decision. You must be eligible before petitioning the Home Office for an administrative review.

Judicial Review 

You can request a judicial review to contest the legitimacy of an immigration decision. If you believe a decision was unlawful or irrational, take this route.

Exercise of the Power to Refuse or Cancel Leave to Enter or Remain in the United Kingdom Which Is in Force

An immigration officer lacks the power to refuse leave to enter or remain in the UK that is already in force. They’ll need to seek the authority of a Chief Immigration Officer or Immigration Inspector.

Legal Provisions Empowering Refusal or Cancellation of Leave to Enter

The authority to cancel leave to enter is outlined in the Immigration Act 1971 Schedule 2, the Immigration (leave to enter and remain) Order 2000, and Section 76 of the Nationality, Immigration and Asylum Act 2002 (indefinite leave revocation).

Criteria for Exercising the Power to Refuse or Cancel Leave to Enter

Your UK leave to enter may be refused or cancelled based on some criteria. These depend on your situation and breach of immigration rules. Several criteria may determine if your permission will be refused or cancelled.

Some factors determine when it is mandatory (must) or discretionary (can) for a border force officer to cancel your leave. Some of the criteria for exercising the power to refuse or cancel leave to enter:

• When an individual can no longer meet their leave requirements.
• When a person threatens national security.
• When an individual engages in a serious offence.
• When a person cannot provide the required information.
• The Secretary of State requires the cancellation of an individual’s leave, etc.

Consequences of Refusal or Cancellation of Leave to Enter

You can face some consequences when your leave to enter is refused or cancelled, including that you may:

• Be asked to submit a fresh visa application or leave the UK voluntarily within 60 days.
• Lose your right to study if you entered the country through a study visa
• Lose your legitimate status to stay in the UK.
• Incur a re-entry ban for serious breaches of immigration rules such as overstaying for more than 90 days, illegal entry, etc.
• Experience difficulty in obtaining a visa to another country, etc.

Appeal Process and Legal Remedies for Refused or Cancelled Leave to Enter

All refusal or cancellation of leave to enter the UK by border force officials don’t grant the right to appeal. Your situation determines whether or not you have the right to appeal, including the immigration rules you breached.

Here are the steps you can take to appeal the refusal or cancellation of your leave to enter the UK:

• Consult an immigration lawyer to assist you immediately. Immigration lawyers can help you make a compelling appeal.
• Check if you have the right to appeal the decision.
• Analyse the reason for the decision.
• Organise the appeal case, state the main reason for the appeal and include all necessary documents for backup.
• If you’re outside the UK or inside the country, submit the appeal within 28 days or 14 days of receiving the decision, respectively.
• Assemble additional documents.

How Can Immigration Advice Service Help?

At IAS, our immigration lawyers have helped many individuals solve their UK settlement cases. Our experienced immigration lawyers have several years of experience and understand the application of the UK immigration rules.

Our IAA-certified immigration lawyers can help you make a compelling appeal against a decision to refuse or cancel your leave to enter the UK. Our immigration lawyers can represent you during court or administrative proceedings. Our immigration lawyers can help to reinstate your refused or cancelled permission.

Contact us if you need more information on how we can help you at this difficult time. Call us at +44 (0)333 414 9244 or complete our online enquiry form for immediate assistance.