Leave to Remain

The concept originates in the core statutory scheme of UK immigration control. The Immigration Act 1971 provides that a non-British citizen 'may be given leave to enter the United Kingdom (or, when already there, leave to remain in the United Kingdom) either for a limited or for an indefinite period' — the Act itself draws the basic distinction between leave granted on arrival ('leave to enter') and leave granted or extended once someone is already in the country ('leave to remain'), and between time-limited and indefinite versions of it. Where limited leave is given, the Act allows it to be made 'subject to all or any of' a list of conditions, including a condition restricting the person's work or occupation, 'a condition restricting his studies in the United Kingdom', and 'a condition requiring him to maintain and accommodate himself, and any dependants of his, without recourse to public funds.'

The indefinite version of this permission is treated, both in law and in official guidance, as a distinct and more secure status with its own name: guidance describes 'indefinite leave to remain' as 'how you settle in the UK', giving 'the right to live, work and study here for as long as you like.' Limited leave to remain is the more common day-to-day status for people on work, study or family visas, and it is this time-limited form of leave that most directly governs 'how long a person can stay in the UK' and 'what activities they are permitted to carry out' while they remain here.