The following Immigration guidance note provides comprehensive and up to date legal information covering:
This Practice Note explains what happens to a person’s leave to enter or remain in the UK when they:
travel outside the UK, the Channel Islands, the Isle of Man and Ireland. This geographical area is known as the Common Travel Area (CTA). For information on immigration regulations within the CTA, see Practice Note: The Common Travel Area
make an in-country application to 'vary' their leave
lodge an in-country appeal
make an in-country application for administrative review (AR), or
withdraw an in-country variation of leave application before it is determined
Where a person already has leave to enter or remain, any application to extend, reduce or otherwise alter this leave is termed under the Immigration Rules as an application to vary their leave.Immigration Rules, Part 1, para 31
The provisions on continuing leave do not apply to people who are not subject to immigration control as they do not require leave, ie permission to enter or remain in the UK. For further information on who is and is not subject to immigration control, see Practice Note: Who requires permission to travel to the UK?
In addition to the provisions set out below, from 6 October 2016, leave as a domestic worker or private servant in a diplomatic household will continue where:Immigration (Variation of Leave) Order 2016, SI 2016/948
a competent authority has determined that there are reasonable grounds to believe that the person is a victim of modern slavery, and
the person's leave would otherwise expire before the competent authority notifies the person of its conclusive decision as to whether they are a victim of modern slavery
In these circumstances, leave is extended
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234