The laybrinth of UK immigration law can be daunting, especially when it comes to decoding concepts like Leave to Enter. As an essential aspect of UK immigration, it is crucial for non-British and non-Irish citizens to grasp what Leave to Enter entails, its difference from Indefinite Leave to Enter, and the potential consequences of a refusal. This article aims to demystify these concepts, providing clear insights and guidance on how GigaLegal’s leading team of immigration solicitors, can assist you through this process.
What is Leave to Enter?
Leave to Enter is a formal permission granted to non-British, non-Irish, and non-Commonwealth citizens with no right of abode in the UK, allowing them to enter and stay for a specified period. Unlike Indefinite Leave to Enter (ILE) and Indefinite Leave to Remain (ILR), which are not time-bound, Leave to Enter comes with an expiry date. It is a critical requirement for those planning to visit or stay in the UK for various purposes such as work, study, or joining a family member.
This permission can be obtained through a successful visa application made outside the UK or upon arrival at the UK border. It is important to note that for stays exceeding six months, entry clearance is generally required before travel. The Leave to Enter is then activated upon arrival in the UK.
What is Leave to Remain?
Understanding the distinction between Leave to Enter and Leave to Remain is crucial. While Leave to Enter is for those arriving in the UK, Leave to Remain applies to individuals already in the UK seeking to extend their stay. For example, if you join your spouse in the UK from abroad, you’ll need Leave to Enter. Conversely, if you are already in the UK and apply for a UK Spouse visa, you will be granted Leave to Remain.
What If your Leave to Enter is refused?
Refusals of Leave to Enter can occur due to various reasons, including not meeting visa criteria, criminality, national security threats, or providing misleading information. In such cases, options like an administrative review, a UK visa appeal (especially under Article 8 of the ECHR), a fresh application, or a judicial review might be available. These options depend on the specific circumstances and reasons for refusal.
In such cases, it is important to seek assistance from expert immigration solicitors to make the process a breeze. GigaLegal specialises in all aspects of Leave to Enter applications, offering comprehensive assistance. Our services include:
- Assessing eligibility for UK Leave to Enter.
- Managing your Leave to Enter application process.
- Advising on and handling refusals, whether inside or outside the UK.
- Guiding on how to obtain Leave to Enter outside standard rules.
- Assisting if your Leave to Enter has expired.
Get in touch: For a comprehensive understanding of your options or queries on UK immigration matters, reach out to GigaLegal at 02074067654 or click here to book a no-obligation consultation with an immigration expert.