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 practice 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
  • When leave continues
  • Examination on arrival in the UK
  • Cancellation and suspension of continuing leave
  • In-country applications, appeals and ARs: statutory extensions of leave
  • For how long is section 3C leave extended?
  • Where the IA 2014 appeals regime does not apply
  • Where the IA 2014 appeals regime applies
  • Section 3C leave and void applications
  • More...

STOP PRESS: This Practice Note is being updated to reflect changes to the Immigration Rules further to Statement of Changes in Immigration Rules HC 813. For further information on these changes, see: LNB News 22/10/2020 80. See also Practice Note: The post-Brexit immigration system: what will it look like?

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.

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

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