Chapter 05: Leave to Enter or Stay in the UK (Extract Only)
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What does 'leave to enter' mean under UK immigration law?
Leave to enter is the permission granted by an immigration officer at the border for a person to enter the UK legally.
Leave to remain can only be granted from within the UK.
Leave to remain is granted to individuals who are already inside the UK and wish to stay longer or change their status.
Which of the following is a condition that may be attached to limited leave to enter or remain?
Limited leave may include multiple conditions such as restrictions on work, public funds, and obligations like police registration.
4. Can a person with leave to enter be refused entry upon arrival?
Even with leave to enter, a person may be refused entry if false representations or significant changes in circumstances are identified upon arrival.
Fatima from Nigeria has overstayed her student visa. What is her current immigration status likely to be?
Once a person overstays their visa, they are considered without lawful leave and may be subject to administrative removal or enforcement action.
Their leave has been automatically renewed.What does it mean if a person’s leave to remain is 'curtailed'?
Curtailment refers to the shortening or cancellation of previously granted leave due to breach of conditions or other legal grounds.
Which authority is responsible for granting, varying or curtailing leave to enter or remain?
The Home Office is the competent authority responsible for administering leave to enter or remain, including decisions to vary or curtail leave.
Indefinite leave to remain (ILR) can be lost in certain circumstances.
ILR may be lost through absence from the UK for more than 2 years, criminal convictions, or revocation by the Secretary of State.
Is it possible to apply to vary limited leave to remain into another category?
Applicants may apply to vary the terms of their limited leave to switch into another category, subject to eligibility and Home Office rules.
Chen from China was granted leave to remain for 24 months. He wants to extend his stay. What should he do before his leave expires?
A person must submit a valid application to extend or vary their leave before their current leave expires to avoid becoming an overstayer.
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