Who needs leave (permission) to enter or remain in the UK?
Generally any person without a ‘right of abode’ (mainly British citizens), will require leave (i.e. permission) to enter the UK (s. 3 IA 1971).
People with right of abode can reside freely in the UK, and can enter without restriction. They may, however, be required to demonstrate that they actually have the right of abode – e.g. by producing a valid British passport or other evidence of nationality.
There are also a few special groups who are exempt from immigration control, including diplomats.
What is leave to enter or remain?
Leave can be
- Limited in duration (e.g. six months leave to enter the UK as a visitor); or
- Indefinite, i.e. the person may remain in the United Kingdom for an indefinite period without conditions.
Where the UKVI grants leave for a limited period, then it may also impose conditions to the leave: e.g. a prohibition or restriction on working, or a requirement not to have recourse to public funds.
Indefinite Leave to Remain (‘ILR’) (Or Indefinite Leave to Enter (‘ILE’) if granted before someone enters the UK) carries no time limit, nor any other condition. However, the holder remains subject to some immigration control and may be subject to deportation action in certain circumstances.
It is also possible for ILE/ILR to lapse if the holder remains absent from the UK for a continuous period of 2 years.
The Home Secretary has the power to revoke ILE/ILR in some limited situations – most obviously in light of serious criminal convictions, of if it transpires that the leave has been obtained by fraud.
ILE/ILR is sometimes also referred to as settlement, settled status or permanent residence.