Applying as a returning resident

Published by a ÀÏ˾»úÎçÒ¹¸£Àû Immigration expert
Practice notes

Applying as a returning resident

Published by a ÀÏ˾»úÎçÒ¹¸£Àû Immigration expert

Practice notes
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When does indefinite leave lapse by operation of law?

People with indefinite leave in the UK:

  1. •

    have no limit on the amount of time they can spend in the UK, and

  2. •

    cannot have conditions attached to their stay, eg their ability to work or claim social security benefits in the UK cannot be restricted for immigration reasons. For information about conditions of leave, see Practice Note: Conditions of permission to enter or stay in the UK

However, people with indefinite leave still enter and stay in the UK by permission and therefore remain subject to immigration control.

Indefinite leave is frequently referred to as settlement, or having settled status or permanent residence in the UK. In this Practice Note, the term 'indefinite leave' will be used to mean leave with no limit on its duration as defined in Immigration Act 1971 (IA 1971). The term ‘settled’, which appears in various places in immigration and nationality law, has two elements in IA 1971. These are: that a settled person is not subject to any restriction on the

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Jurisdiction(s):
United Kingdom
Key definition:
Entry clearance definition
What does Entry clearance mean?

A visa, entry certificate or other document which, in accordance with the immigration rules, is to be taken as evidence or the requisite evidence of a person's eligibility, though he is not a British citizen, for entry into the United Kingdom: see Immigration Act 1971, s 33(1).

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