Leave to remain is the permission granted to non-UK nationals to stay in the UK for a limited period of time beyond their original visa period. It can be issued on a temporary basis, known as Limited Leave to Remain, or as Indefinite Leave to Remain (ILR). The route an applicant takes depends on their visa category, personal circumstances, and how long they have legally lived in the UK.
Applying for Leave to Remain requires meeting specific eligibility criteria, which vary depending on the visa type. Factors such as continuous residence, financial stability and compliance with visa conditions are assessed.
The application process for leave to remain can be costly and time-consuming, with high application fees and long processing times. However, those who fail to apply before their visa expires risk overstaying, which can lead to legal penalties and difficulties in future visa applications.
In this guide, we explain what limited leave to remain means and how to apply.
What is limited leave to remain?
Limited leave to remain refers to the status of UK visa holders who have been approved to enter the UK and to remain here until their visa expires. Under limited leave to remain, you will have to meet the conditions of your visa throughout your stay, such as having a valid certificate of sponsorship if you have a Skilled Worker visa, and having no recourse to public funds while in the UK.
Limited leave to remain requires you to depart the UK at the end of the specified visa period, or to make a further application to the Home Office to retain lawful status. Depending on your circumstances and eligibility, this could mean applying for a visa extension, further leave to remain or indefinite leave to remain.
What is indefinite leave to remain?
While holders of certain visa types, such as visitors or short-term students, will be expected to eventually return home, some categories of limited leave may lead to settled status in the UK. Settled status gives the holder permission to stay in the UK on a permanent basis. This is known as indefinite leave to remain (ILR).
Note that ‘settled status’ with ILR is different to the EU settlement scheme for EEA nationals in the UK.
Individuals with ILR are not subject to immigration restrictions in the UK. You can leave and enter the UK at will. ILR does not expire, unless you have been absent from the UK for more than two years.
If you hold ILR status, you may also become eligible to certain entitlements, such as welfare benefits and tax credits. The exception is if your right to remain was awarded as a result of another person formally agreeing to maintain and accommodate you. In this case, you will be excluded from some benefits for five years.
What is the difference between limited, further and indefinite leave to remain?
Limited leave to remain allows you to stay in the UK for a specified period of time, while indefinite leave to remain will provide you with permission to permanently live and work in the UK. There are, however, other differences that go beyond time restrictions.
Limited leave to remain is usually granted on the condition that you maintain and accommodate yourself, and any dependants, without recourse to public funds. This means that for the duration of your stay in the UK you are likely to be excluded from any welfare benefits, as well as most forms of local authority housing and homelessness assistance.
As the holder of limited leave to remain, other conditions may also be imposed as part of your permission to remain in the UK including, for example, a condition restricting your employment or your studies.
In contrast, ILR holders will be free from immigration restrictions, and will broadly have the same rights and entitlements to services and welfare benefits as a UK citizen.
Furthermore, having held indefinite leave to remain for an additional qualifying period, an applicant with settled status may be eligible to apply for British citizenship by way of naturalisation.
FLR, which stands for ‘Further Leave to Remain’, refers to someone applying to extend their stay in the UK by, for example, extending their existing visa.
What categories of leave are available?
There are several different categories of leave to remain depending on your eligibility and why you want to come to or stay in the UK. The main immigration routes for individuals wanting to work or study in the UK are under the points-based system and include:
- Work sponsorship visas such as the Skilled Worker visa for skilled workers with a job offer in the UK.
- Global Business Mobility visas for workers with an overseas employer coming to the UK for a specific purpose.
- Global Talent visa for those with exceptional talent or promise in their field.
- High Potential Individual visa for graduates of certain non-UK universities.
- Student visa for international students.
- Graduate route for non-UK graduates of UK universities.
- Temporary work visas & schemes for specific sectors and younger workers.
Other categories of leave to remain may also be available to you depending on your circumstances, such as applying as a points-based dependant visa or a family, partner or spouse visa.
Am I eligible to apply for leave to remain?
To be eligible to apply for limited leave to remain, you must meet the full requirements under the Immigration Rules and those required for the visa you are applying for. For points-based visas, this will mean accruing the minimum number of points determined by your particular visa category.
For example, you will be required to satisfy both an English language and maintenance requirement:
- The English requirement – unless you are a national of a majority English-speaking country, typically you will need to satisfy the Home Office of your knowledge of English. You will either need to provide evidence of an academic qualification that was taught in English and is recognised as being equivalent to a UK bachelors degree, masters degree or PhD, or you will need to pass an approved English test.
- The maintenance requirement – you will also need to satisfy the Home Office of your ability to accommodate and support yourself on arrival in the UK. Here, you will either need to prove that you have a certain amount of personal savings in your bank account for a specified number of days before you apply, or have your work sponsor guarantee financial support on your behalf.
To be eligible for indefinite leave to remain, applicants must have resided in the UK for a qualifying period of time. The length of qualifying time will depend on an applicant’s existing immigration category and ability to meet all other relevant rules in place. In most cases, applicants will also be required to demonstrate their knowledge of English language and life in the UK.
When can I apply for further leave to remain?
If you are applying for further leave to remain you should do so prior to expiry of your existing permission to stay. It is an offence for any holder of leave to remain to ‘overstay’ and knowingly stay in the UK beyond the time limit permitted by their visa. It is also an offence to fail to comply with a condition or requirement imposed as part of your permission to be in the UK.
By staying beyond the expiry of your visa, or otherwise breaching your leave to remain conditions, you will be at risk of removal from the UK, refusal of further leave or even criminal prosecution. Both these types of offences are punishable by way of a fine or a term of imprisonment.
If, on the other hand, you submit a valid application prior to the expiry of your existing leave, the terms and conditions of that leave will continue until a decision is made on your application for further leave to remain.
How do I apply for limited leave to remain?
How you submit your application for leave to remain will depend on whether you are applying from outside or within the UK. In most cases, you will submit your application online.
If you are applying from within the UK, in most cases you will need to attend a UKVCAS centre. The purpose of a leave to remain interview is for the Home Office to request further information, verify facts or documentation and check that you meet all of the visa requirements. For some visa categories, fast tracked processing is available for an additional charge.
The visa processing times for leave to remain applications can vary dramatically and guidance should be sought at the time of making your application for your specific visa category.
There are a number of practical considerations when applying for leave to remain, from how much the visa application fee is and which supporting documents you will need to provide, to what questions you may be asked during interview.
When applying for leave to remain, reference should always be made to any specific Home Office guidance relevant to your visa category, in conjunction with the relevant provisions of the Immigration Rules. However, these provisions are subject to constant change and expert legal advice from an immigration specialist may be required.
Indefinite leave to remain after 10 years’ long residence
Another way to qualify for ILR is through the long residence route. If you have at least 10 years of continuous, lawful residence, you may be eligible to settle. In addition to being able to prove 10 years of unbroken status in the UK, you will also need to show you meet the English language and life in the UK test, and that there are no general grounds to refuse your application, such as a criminal record or past breaches of the Immigration Rules.
Need advice?
DavidsonMorris are specialists in UK immigration, working closely with individuals to provide guidance and support through Home Office applications including all types of leave to remain and Indefinite Leave to Remain applications. Contact us for specialist advice.
Leave to remain FAQs
What is Leave to Remain?
Leave to Remain is permission granted by the UK Home Office for a foreign national to stay in the UK beyond the duration of their original visa. It can be granted on a temporary or permanent basis, depending on the applicant’s circumstances.
What is the difference between Limited Leave to Remain and Indefinite Leave to Remain?
Limited Leave to Remain allows a person to stay in the UK for a fixed period with certain conditions, such as work or study restrictions. Indefinite Leave to Remain (ILR) grants permanent residence, meaning there is no time limit on staying in the UK.
How do I apply for Leave to Remain?
Applications for Leave to Remain must be submitted to the Home Office, usually online. Applicants need to meet eligibility requirements, provide supporting documents, and, in most cases, pay a fee.
Can I work in the UK with Leave to Remain?
If you have Limited Leave to Remain, your right to work depends on the conditions of your visa. Indefinite Leave to Remain allows unrestricted work rights in the UK.
Does Leave to Remain lead to British citizenship?
Indefinite Leave to Remain is a key step towards British citizenship. Those with ILR can usually apply for naturalisation after meeting residency and other legal requirements.
How long does it take to get a decision on my application?
Processing times vary depending on the type of Leave to Remain applied for. Standard applications may take several months, while priority services can expedite the process.
Can my Leave to Remain be refused?
Applications can be refused if the applicant does not meet eligibility criteria, provides insufficient evidence, or has a history of immigration breaches.
What happens if my Leave to Remain expires?
If your Leave to Remain expires without renewal or an application for extension, you may become an overstayer, which could lead to removal from the UK and affect future applications.
Can I travel outside the UK with Leave to Remain?
Yes, but if you hold Limited Leave to Remain, you must ensure your visa remains valid for re-entry. If you have ILR, spending long periods outside the UK may affect your status.
Glossary
| Term | Definition |
|---|---|
| Leave to Remain | Permission granted by the UK Home Office for a foreign national to stay in the UK beyond their original visa period. |
| Limited Leave to Remain (LTR) | Temporary permission to stay in the UK for a fixed period, often with conditions such as work or study restrictions. |
| Indefinite Leave to Remain (ILR) | Permanent residency in the UK, allowing the holder to live and work without time restrictions. |
| Home Office | The UK government department responsible for immigration, visas, and nationality applications. |
| Visa Extension | An application to extend an existing visa to continue living in the UK lawfully. |
| Naturalisation | The legal process by which a person with ILR can apply to become a British citizen. |
| Overstayer | A person who remains in the UK after their visa or Leave to Remain has expired, without applying for an extension or new visa. |
| Biometric Residence Permit (BRP) | A physical card issued to foreign nationals with Leave to Remain, proving their immigration status. |
| Right to Work | The legal entitlement for a person to take up employment in the UK, which depends on their immigration status. |
| 10-Year Route to Settlement | A pathway for migrants who do not qualify for the standard ILR route but have significant ties to the UK, such as family life. |
| Continuous Residence | The requirement for ILR applicants to have lived in the UK for a specified period without long absences. |
| Good Character Requirement | A condition for ILR and British citizenship applications, assessing the applicant’s criminal, financial, and immigration history. |
| Priority Processing | A faster application service offered for some immigration routes, reducing the standard decision time. |
| Refusal of Leave to Remain | A decision by the Home Office rejecting an application due to failure to meet eligibility requirements. |
| Immigration Appeal | The legal process for challenging a visa or Leave to Remain refusal through the courts or an independent tribunal. |
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
