Leave to remain meaning

Checklist This Checklist summarises the issues an employer should evaluate when shaping a career break and/or sabbatical policy, and when setting the arrangements to support such leave. The expressions ‘career break’ and ‘sabbatical’ carry no fixed legal definition, and the title used for the break does not dictate its legal character. In practice: ‘Career break’ commonly denotes a longer spell of unpaid absence during which the employment contract may remain in place, though more frequently it does not; and ‘Sabbatical’ typically refers to a shorter period of leave, usually unpaid but potentially paid or partly paid, during which the contract does continue. For detailed information on career breaks and sabbaticals generally, see Practice Note Career breaks and sabbaticals...

General requirements for applications under section 17 of the Company Directors Disqualification Act 1986 This checklist outlines the information the court and the Secretary of State for Business and Trade (SoS) expect in an application by a director under section 17 of the Company Directors Disqualification Act 1986 (CDDA 1986) seeking leave to act as a director notwithstanding disqualification. What extra particulars and evidence are needed will be fact specific. The application must be issued on Form N208. For guidance on the process, see Practice Note: Applications for leave to act as a director under section 17 of the Company Directors Disqualification Act 1986—jurisdiction, parties and the application procedure. It is crucial that the applicant (the disqualified director) supplies the fullest information possible, and does so at the earliest opportunity. Taking this approach maximises the prospect of persuading the SoS and the court that it is necessary to grant permission for them to act as a director, despite disqualification, and that leave ought properly to be given...

Original news Makhlouf v Secretary of State for the Home Department (Northern Ireland) [2016] UKSC 59, [2016] All ER (D) 93 (Nov) The Supreme Court rejected an appeal against a deportation order made against a foreign offender, notwithstanding that his children are British citizens living in the UK. While the appellant argued that removal would violate his and his children’s rights under article 8 of the European Convention on Human Rights, the court decided that, on the evidence, he had no relationship with either child and their lives had been completely unaffected by his being their father. The court also determined that the Secretary of State was not required to undertake further enquiries concerning the appellant and his children beyond those already conducted. What was the background to the case? The appellant, a Tunisian national, married a British citizen in Tunisia in 1996. In 1997, his wife returned to Northern Ireland for the birth of their daughter, and he subsequently joined her. He was granted indefinite leave...

Insurance Europe and the European Insurance CFO Forum warned in a 3 July 2024 position paper that the current limitations give an incomplete view of insurers’ sustainability, putting the industry at a competitive handicap versus others. The EU’s taxonomy rule sets out which activities are sustainable for use in mandatory disclosures by insurers and other companies. It aims to shield investors from misleading claims about sustainability levels. The required reporting is anchored in key performance indicators, or KPIs, designed to reflect sustainability levels in investments and the premiums collected to profitably cover insurance risk. Insurers must disclose how much of their investing and underwriting is taxonomy-eligible, meaning it serves its environmental aims, such as climate change adaptation. However, there are several shortcomings which mean the insurance taxonomy KPIs as currently framed, in their present form and scope, remain problematic...

Employment Rights Bill, As Amended (Amendment Paper), 5 March 2025 Employment Rights Bill—Stages What are the implications? The Amendment Paper sets out the amendments lodged by 5 March 2025 for consideration at the report stage. There are no immediate consequences because it is still uncertain which of these proposals—if any—will be approved and trigger revisions to the ERB, although government-backed amendments remain more likely to pass. The consolidated schedule within the Amendment Paper also contains previously tabled, non-government amendments that we covered in our earlier News Analysis: Employment Rights Bill—non-government proposed amendments. The government’s suggested changes, many stemming from conclusions reached in its consultation responses, provide practitioners with an early indication of adjustments that are expected to filter into this key item of employment legislation. As a result, close monitoring of the debate remains advisable for all employment law stakeholders...

This Practice Note considers the eligibility criteria for indefinite leave to remain under the Tier 1 (Investor) category. The Tier 1 (Investor) category closed to fresh applications, without notice, from 16.00 on 17 February 2022 through Statement of Changes in Immigration Rules CP 632. Holders of existing leave on this route may still prolong their permission, including applying for entry clearance from outside the UK where they have held Tier 1 (Investor) leave at any point in the 12-month period before the application date, and may pursue settlement. Requests to extend, whether made inside or outside the UK, must be filed by 17 February 2026. Applications for indefinite leave to remain must be submitted before 17 February 2028. Specific timings for each cohort are outlined below. In line with other pre-simplification ‘legacy’ routes—and particularly as this route was partly closed due to concerns it enabled the movement of illicitly obtained wealth—both extension and settlement applications are expected to attract rigorous scrutiny. For more on the closure, see: LNB News...

ARCHIVED : The Tier 1 (Investor) category was closed to initial applications, without warning, from 16:00 on 17 February 2022 through Statement of Changes in Immigration Rules CP 632. Applicants with existing permission in this route can still seek to extend their leave, and may apply for entry clearance from outside the UK if they have held Tier 1 (Investor) leave within the 12 months before the date of application, as well as apply for settlement. Extension applications, whether made in the UK or abroad, must be lodged by 17 February 2026. Applications for indefinite leave to remain must be submitted by 17 February 2028. For additional details, see: LNB News 17/02/2022 76. This Practice Note—last updated before the post-Brexit work and study routes introduced in December 2020 via Statement of Changes in Immigration Rules HC 617—has been kept in archived form for historical interest. Anti-money laundering duties and other client due diligence processes, together with advisers’ own regulatory compliance...

Important note—Archived Practice Note This Practice Note is no longer maintained, as it concerns the position before the rollout of simplified Immigration Rules and processes around, and leading up to, the end of the Brexit transition period. It is kept as an archive for historic interest. The Home Office operates a policy of keeping important original documents where an in-country application has been refused or treated as invalid, in cases where the applicant holds no leave other than statutory leave under sections 3C or 3D of the Immigration Act 1971 (IA 1971). Note that IA 1971, s 3D was removed with effect from 1 December 2016. For more detail, see Practice Note: Dealing with curtailment and cancellation. This approach has caused various practical problems, for example when making a fresh application for leave to remain or arranging voluntary departure. This Practice Note addresses these elements of document retention: the principal legislation and relevant Home Office guidance the choices where the Home Office has...

A. Documents for main applicant Evidence of the sponsor parent(s)' income and funds: Examples of suitable evidence are set out below. While a six-month span is not mandated by the Immigration Rules, it is recommended as a reasonable timeframe for demonstrating income and savings. Payslips for the previous six months (for employed persons). And/or proof of business or self-employment income for at least the last six months, such as: (a) Letter from a registered accountant for the business confirming the sponsor parent(s)’ income during that period. (b) Invoices. (c) Business accounts. Personal bank or building society statements or passbooks covering the past six months. Any accountant providing a supporting letter must be registered with an appropriate professional regulatory body. Bank or building society statements should show what has been paid in and out of the accounts for the past six months...

[ To be typed on employer’s headed notepaper ] [ Insert date ] Dear [ insert name of employee ] Congratulations, and thank you for informing me of your pregnancy and your baby’s expected due date. I am writing to you regarding your maternity leave and pay arrangements. As discussed, you qualify for 52 weeks of maternity leave, comprising 26 weeks of ordinary maternity leave followed straight away by 26 weeks of additional maternity leave. Based on your selected start date of [ insert date ], your maternity leave will finish on [ insert date ]. Throughout your maternity leave period, all employment terms and conditions will remain in force, apart from those concerning pay. Should you wish to alter your start date, please, where feasible, notify me no later than 28 days before your proposed new start date, or 28 days ahead of [ insert date leave starts ] (your original start date), whichever is earlier. In certain circumstances, your maternity leave may begin earlier than...

Threat Advanced persistent threat (APT) What is it? Attackers obtain unauthorised access to a system and remain concealed for extended periods, potentially moving sensitive data without permission. Even once spotted, they may leave several backdoors so they can return. Our defensive measures We ensure users understand the risk and follow basic account security practices. We use firewalls to monitor and filter traffic. We use antivirus software. Botnet What is it? A group of infected computers remotely controlled by a hacker, who can share or sell access to other cyber criminals to send spam or overwhelm a system. Our defensive measures See Malware and Hacking Chain letter What is it? An email that pushes recipients to forward it to others. Not a security threat, but it wastes time and can slow email servers. Our defensive measures We advise users not to forward chain letters or hoaxes. We...

Practice Note: Suitability grounds for refusal and cancellation of permission notes that, under the Immigration Rules, Part 9, para 320(7B): Unless an exemption applies, or the relevant re-entry ban has expired, any application made under a route within Parts 2–8, or under Appendix Armed Forces, must be refused where the person has previously breached UK immigration law by: overstaying, unless the overstay was 90 days or less (where it began before 6 April 2017) or 30 days or less (where it began on or after 6 April 2017) and, in either scenario, they left the UK of their own accord and not at public expense Where any of the above circumstances apply, any further application to re-enter the UK will be refused until the following re-entry ban has run: one year, if the individual departed the UK voluntarily and not at public expense—note that those refused entry at port fall within this category, provided they complied with the conditions set...

This is a Q&A about whether it is necessary for dependants to apply to switch categories at the same time as their relevant points-based system (PBS) migrants. The Points Based System (Dependant) Guidance states, as a general rule, that where the principal migrant changes employer or education provider, receives a new certificate of sponsorship and applies for leave to remain to work or study with their new sponsor, their dependants are not obliged to apply for leave to remain at the same time...

section 3C leave This answer proceeds on the basis that no request was submitted to the Home Office to cancel the application, nor to retrieve the passport prior to departing the UK. If someone makes an application from within the UK to extend their permission to stay before their existing leave runs out using the online route, the date on which the application is treated as lodged is the date the online form is submitted, not the enrolment of biometrics. When someone who already has leave to remain applies from inside the UK to extend it, their current leave, together with all attached conditions, continues automatically so long as a valid application is made before that leave expires (known as ‘section 3C leave’)...