Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Leave to remain definition

What does Leave to remain mean? Leave to remain is the Home Office’s permission for a person already in the UK—who would otherwise require leave to enter—to stay lawfully. In UK immigration law (Immigration Act 1971 and the Immigration Rules), it is either limited leave to remain (time‑limited and usually subject to conditions) or indefinite leave to remain (settlement). The Secretary of State may grant, vary (extend or switch) or curtail it. Conditions commonly include work or study restrictions and “no recourse to public funds”. Leave to remain underpins lawful residence, right to work and rent checks, access to services, and removal liability if leave lapses...

Section 17 Children Act 1989 support for families without leave to remain: Schedule 3 NIAA 2002, Articles 3 and 8 ECHR and procedural protection (England and Wales)

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Practice notes

Applicable families

This Practice Note addresses circumstances in which a family with at least one child under 18 is in the UK without current leave to remain (LTR) (that is, a person within paragraph 7 of Schedule 3 to the nationality, Immigration and asylum Act 2002 (NIAA 2002) who is in breach of immigration law and has not made an asylum/protection claim as defined by NIAA 2002, s 82(2) (as amended)).

The case of R (on the application of EAT) v Newham London Borough Council examined how a local authority (LA) should approach section 122(5)(b) of the Immigration and Asylum Act 1999, and whether there were reasonable grounds to believe a person had lodged an asylum claim that would prevent the LA from offering support. The court determined that the assessment must centre on the pertinent application and whether such a claim has been advanced, either expressly or by implication.

When the family have:

not applied to the Secretary of State for the Home Department (Home Secretary) to regularise their stay
applied to remain in the UK on the basis of their human rights...

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Bronwen Jones

Goldsmith Chambers

Bronwen specialises in asylum and immigration and children family law.In family law, Bronwen acts in cases concerning the care and safeguarding of children, applications under the Family Law Act 1986 and 1996, and matters concerning the inherent jurisdiction of the High Court. In private children law, she has experience of contested applications for temporary removal from the jurisdiction; jurisdictional disputes pursuant to BIIR; proceedings under the Hague Convention; fact-finding hearings; shared care arrangements; multi-party proceedings; and s. 10 applications for leave to apply for s. 8 orders, including in the context of post-adoption contact. Her experience in public law proceedings includes interim and final contested hearings for public law orders; s. 34(3) and (4) applications; secure accommodation; s. 8 and special guardianship orders as outcomes to care proceedings; private adoption; and application for permission to apply for the revocation of a...

Frances Allen

Goldsmith Chambers

Frances is a specialist in immigration, human rights and asylum law and has advised, drafted grounds and represented at all levels including public direct access.Frances has presented lectures to practitioners and specialist groups and was a member of the fact-finding mission sent by the Parliamentary Human Rights Group to Pakistan in October 2006. The team's report, entitled Parliamentary Human Rights Group Report: "Rabwah: A place for Martyrs", formed the basis for the AIT's country guidance case of IA and Others (Ahmadis: Rabwah) Pakistan CG [2007] UKAIT 00088....

Samina Iqbal

Goldsmith Chambers

Samina is a highly experienced immigration, human rights and family law practitioner and has successfully represented and advised on a variety of human rights related immigration, asylum, European law and nationality decisions at all levels, up to and including the Court of Appeal. Within the field of family law, she has experience in Children Act proceedings including residence, contact, parental responsibility, abduction and removal from the jurisdiction. She also regularly represents vulnerable adults, who are victims of domestic violence. Samina can also be instructed directly under the public access scheme. Samina's knowledge of both immigration and family law are invaluable, especially in more recent times following the Supreme Court decision in ZH (Tanzania) [2011] UKSC 4. Samina has been instructed as Counsel for the Appellant on a Special Immigration Appeals Commission (SIAC) matter. Samina has been praised for her meticulous yet fearless approach to cases and...

Miranda Butler

Landmark Chambers

Miranda Butler is a barrister specialising in public law, human rights, and immigration. She is ranked in the directories for public law and immigration. In 2013-2014 Miranda was the judicial assistance to Lord Kerr in the Supreme Court. In 2023 she was shortlisted for Immigration Junior of the Year at the Legal 500 Awards and in 2024 as Junior Barrister of the Year at the Legal Aid Lawyer of the Year Awards. Miranda is a Deputy Upper Tribunal Judge in the Immigration Tribunal and is one of the youngest practitioners ever to be appointed to this position. ...

Web page updated on 21/05/2026

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