When does leave continue—making and withdrawing applications, challenging decisions and travel
When does leave continue—making and withdrawing applications, challenging decisions and travel

The following Immigration guidance note provides comprehensive and up to date legal information covering:

  • When does leave continue—making and withdrawing applications, challenging decisions and travel
  • Travel outside the CTA
  • In-country applications, appeals and ARs: statutory extensions of leave
  • For how long is section 3C leave extended?
  • Section 3C leave and void applications
  • Section 3C leave and invalid applications
  • Cancellation of section 3C leave
  • Withdrawing an immigration application
  • Requesting the return of passports/travel documents
  • Withdrawing an administrative review application
  • more

This Practice Note explains what happens to a person’s leave to enter or remain in the UK when they:

  1. 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

  2. make an in-country application to 'vary' their leave

  3. lodge an in-country appeal

  4. make an in-country application for administrative review (AR), or

  5. 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

  1. a competent authority has determined that there are reasonable grounds to believe that the person is a victim of modern slavery, and

  2. 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