When does permission 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 permission 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
  • Coronavirus (COVID-19) concessions
  • In-country applications, appeals and administrative reviews: statutory extensions of leave
  • Section 3C leave and judicial reviews, out-of time appeals and withdrawn decisions
  • For how long is section 3C leave extended?
  • Section 3C leave and void applications
  • More...

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

In this Practice Note, the terms ‘leave to enter/remain’ and ‘permission to enter/stay’ are used interchangeably. The word ‘permission’ replaces ‘leave’ in the Immigration Rules for simplified routes, but the former term is still used in other categories of stay and the relevant legislation.

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, 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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