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> Leave to Enter, Entry Clearance and Leave to Remain
Leave to Enter, Entry Clearance and Leave to Remain
Leave to Enter:
In order to enter the UK an immigrant needs leave to enter which is granted at the port of entry into the UK , such as Calais port or Heathrow airport.
Entry Clearance:
Before applying for leave to enter most visitors will need a visa, officially known as an entry clearance. A person who is a visa national requiring by law to possess entry clearance before applying for leave to enter will be refused on arrival if they arrive at the UK port of entry without leave to enter.
The list of visa countries is contained at Appendix 1 of the Immigration Rules and is also available on the Home Office website.
Prior entry clearance is required by nationals of any country who intend to stay in the UK for longer than 6 month, by children visitors, and by individuals coming to the UK for the reasons of marriage or civil partnership.
Visa or entry clearance applications are made from outside the UK at British Embassies or High Commissions (applicable to Commonwealth countries). Those are managed by UK Visas. See www.ukvisas.gov.uk. An application must be made on a correct form and accompanied by a correct fee in local currency.
See also para 32 of HC 395 (as amended):
“With the exception of applications made under [paragraph 31A (applications at the port of entry),] paragraph 33 (work permits), [33A (applications made outside the United Kingdom),] paragraphs 255 to 257 (EEA nationals) and Part 11 (asylum), all applications for variation of leave to enter or remain must be made using the form prescribed for the purpose by the Secretary of State, which must be completed in the manner required by the form and be accompanied by the documents and photographs specified in the form. An application for such a variation made in any other way is not valid.”
In Entry Clearance cases, the legislation does not specify particular forms for applications but Embassies have sets of application form they’ll insist of using.
The entry clearance application forms are available free from the UKvisas website: http://www.ukvisas.gov.uk
Non-visa nationals can apply for entry clearance prior to their arrival in the UK and have a right of in-country appeal in cases of refusal. This normally applies to persons with poor immigration history who may be refused leave to enter on arrival in the UK .
On arrival, the Entry Clearance Officer has a right to revoke the entry clearance if they decide that material facts were not disclosed, the circumstances allowing the entry clearance have changed or that the entry clearance has been obtained through false representations.
Leave to Remain
Once in the UK , a person can make an application for an extension of leave. If an application is successful, further leave to remain is granted. Such application is made locally at the Border and Immigration Agency based at Croydon or Liverpool .
Again, a correct form must be used accompanied by a correct fees.
Failure to comply with the requirements will make an application invalid if the applicant does not provide a timely explanation for the failure, within 28 days following notification of the failure by the Secretary of State. Rejection of an invalid application is not treated as a refusal of leave. The effect of the rejection of an application as invalid is that no application has been made.
In order to enter the UK an immigrant needs leave to enter which is granted at the port of entry into the UK , such as Calais port or Heathrow airport.
Entry Clearance:
Before applying for leave to enter most visitors will need a visa, officially known as an entry clearance. A person who is a visa national requiring by law to possess entry clearance before applying for leave to enter will be refused on arrival if they arrive at the UK port of entry without leave to enter.
The list of visa countries is contained at Appendix 1 of the Immigration Rules and is also available on the Home Office website.
Prior entry clearance is required by nationals of any country who intend to stay in the UK for longer than 6 month, by children visitors, and by individuals coming to the UK for the reasons of marriage or civil partnership.
Visa or entry clearance applications are made from outside the UK at British Embassies or High Commissions (applicable to Commonwealth countries). Those are managed by UK Visas. See www.ukvisas.gov.uk. An application must be made on a correct form and accompanied by a correct fee in local currency.
See also para 32 of HC 395 (as amended):
“With the exception of applications made under [paragraph 31A (applications at the port of entry),] paragraph 33 (work permits), [33A (applications made outside the United Kingdom),] paragraphs 255 to 257 (EEA nationals) and Part 11 (asylum), all applications for variation of leave to enter or remain must be made using the form prescribed for the purpose by the Secretary of State, which must be completed in the manner required by the form and be accompanied by the documents and photographs specified in the form. An application for such a variation made in any other way is not valid.”
In Entry Clearance cases, the legislation does not specify particular forms for applications but Embassies have sets of application form they’ll insist of using.
The entry clearance application forms are available free from the UKvisas website: http://www.ukvisas.gov.uk
Non-visa nationals can apply for entry clearance prior to their arrival in the UK and have a right of in-country appeal in cases of refusal. This normally applies to persons with poor immigration history who may be refused leave to enter on arrival in the UK .
On arrival, the Entry Clearance Officer has a right to revoke the entry clearance if they decide that material facts were not disclosed, the circumstances allowing the entry clearance have changed or that the entry clearance has been obtained through false representations.
Leave to Remain
Once in the UK , a person can make an application for an extension of leave. If an application is successful, further leave to remain is granted. Such application is made locally at the Border and Immigration Agency based at Croydon or Liverpool .
Again, a correct form must be used accompanied by a correct fees.
Failure to comply with the requirements will make an application invalid if the applicant does not provide a timely explanation for the failure, within 28 days following notification of the failure by the Secretary of State. Rejection of an invalid application is not treated as a refusal of leave. The effect of the rejection of an application as invalid is that no application has been made.
