Immigration status & leave


The legal permissions that determine whether someone may enter, stay in, or settle permanently in the UK.

Table of Contents

Leave to enter

Permission granted by an immigration officer at the UK border for a person to enter the country. It specifies the conditions of the person’s stay, including duration and whether they may work or study. A visa obtained in advance is typically converted into leave to enter on arrival.

Leave to remain

Permission to stay in the UK after entry, either on a temporary basis (limited leave to remain) or permanently (indefinite leave to remain). Most visa holders have leave to remain for a fixed period. Breaching its conditions — for example by working when not permitted — can lead to curtailment or removal.

Limited leave to remain

A form of permission to stay in the UK for a defined period, attached to specific conditions such as restrictions on work or access to public funds. Most visa categories grant limited leave. Holders must apply to extend or switch to another route before their leave expires or they become unlawfully present.

Indefinite leave to remain (ILR) / Settlement

Permanent permission to live and work in the UK without immigration restrictions. ILR holders can access public funds and apply for British citizenship after 12 months. For most Points-Based System routes, the qualifying period is currently five years, though proposals exist to extend this to ten years for many categories.

Humanitarian protection

A form of leave granted to people who do not qualify as refugees but would face a real risk of serious harm — such as unlawful killing or torture — if returned to their country. It carries similar rights to refugee status. From March 2026, it is also granted for 30 months for new adult claimants rather than the previous five years.

Discretionary leave

A limited form of leave granted in exceptional circumstances where someone does not qualify for refugee status or humanitarian protection but cannot be returned. It is granted for up to 30 months at a time. Cases may include unaccompanied children, certain trafficking victims, and some human rights claims under the ECHR.

Graduate Route / Graduate visa

Allows international students who have completed a UK degree to stay and work — or look for work — for two years after graduation, or three years for PhD holders. No sponsorship is required. Currently under review; from January 2027, the standard period will be reduced to 18 months for bachelor’s and master’s graduates.

Student visa

The main route for non-UK nationals aged 16 or over to study a qualifying course at a licensed UK education provider. Applicants must hold a Confirmation of Acceptance for Studies (CAS), meet English language requirements, and demonstrate sufficient funds. Recent reforms have tightened the rules on bringing dependants and on post-study work.

Restricted leave

A rarely-used form of leave granted to people who are excluded from receiving refugee status or humanitarian protection — for example, those deemed a danger to national security — but who cannot be removed because doing so would breach the ECHR. It carries significantly reduced rights compared to other forms of protection.

Exceptional leave to remain (historical)

A form of leave used before 2003 to grant protection outside the formal refugee framework. It was discretionary and carried fewer rights than refugee status. It was replaced by humanitarian protection and discretionary leave. Some older cases still reference it in immigration history.

Pre-settled status

Granted under the EU Settlement Scheme to EU, EEA, and Swiss citizens who had lived in the UK for less than five years by 31 December 2020. It is a temporary status, giving the right to live and work in the UK while building towards settled status. Since 2025, the Home Office has been automatically upgrading eligible holders to settled status using tax and benefits records.

Settled status

The permanent form of leave granted under the EU Settlement Scheme to EU, EEA, and Swiss citizens who had lived continuously in the UK for five years by 31 December 2020. It is the equivalent of indefinite leave to remain and allows holders to live, work, and access public funds in the UK indefinitely.

Entry clearance

Permission to travel to the UK and seek entry, granted in advance by a British post abroad. It takes the form of a visa sticker in a passport for visa nationals, or an entry certificate for others. Entry clearance is not a guarantee of entry — an immigration officer may still refuse admission at the border.

Entry clearance visa

A specific type of entry clearance valid for travel to the UK. It is activated when the holder passes through UK immigration control on arrival. There are three categories: temporary visit visas, visas leading to settlement, and settlement visas. Not all nationalities require a visa to enter the UK.

Visa

A conditional authorisation allowing a foreign national to travel to and/or stay in the UK. Visas are issued for specific purposes — work, study, family, or visits — and carry conditions governing permitted activities and duration of stay. Since 2025, visas are represented digitally as eVisas rather than physical stickers or cards.

eVisa

A digital record of a person’s immigration status, replacing the physical Biometric Residence Permit. Held in an online UKVI account, it is accessed and shared via a government portal. Introduced fully from January 2025, eVisas are now the standard means by which migrants prove their right to live, work, and rent in the UK.

Biometric Residence Permit

A physical card previously issued to non-EEA nationals as proof of their immigration status in the UK. It contained biometric data including a fingerprint and photograph. BRPs have been phased out and replaced by the digital eVisa system. Those issued before the transition may still hold valid BRPs until they expire.

Certificate of Entitlement

A document placed in the passport of a Commonwealth citizen to confirm they have the right of abode in the UK. It allows them to enter and live in the UK without a visa or leave to enter. Unlike a visa, it does not expire and is not conditional on any purpose of travel.

Naturalisation

The process by which a foreign national applies to become a British citizen. Applicants must generally have held indefinite leave to remain for at least 12 months, meet residency requirements, pass the Life in the UK test, and demonstrate good character. Upon successful naturalisation, a person may apply for a British passport.

Citizenship

The legal status of being a British national with full rights, including the right of abode, the right to vote in all elections, and the right to hold a British passport. Citizenship can be acquired by birth, descent, registration, or naturalisation. It is distinct from other forms of British nationality that do not carry the same rights.

Right to reside

A person’s legal entitlement to be present in the UK, relevant particularly for access to benefits and housing support. It is distinct from leave to remain. EU nationals exercising treaty rights — such as working or being self-employed — held the right to reside before Brexit. Certain benefit claims require applicants to demonstrate both right to reside and habitual residence.

Habitual residence

A test applied to people claiming certain income-related benefits or seeking housing support, requiring them to demonstrate that they are genuinely settled in the UK as their main place of residence. It is not defined in law and must be assessed case by case. People with refugee status, ILR, and other forms of settled leave are generally exempt.

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Policy & legal framework

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Institutions & bodies

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