Limited Leave to Remain in the UK

Limited Leave to Remain (LLTR) allows non-UK nationals on a valid visa to stay temporarily in the UK until the expiration of their visa. For your LLR to remain valid, you must continue to fulfill the conditions of your UK visa.

For example, if you entered the UK on a Skilled Worker visa, you must continue to have valid sponsorship and meet the financial conditions without depending on public funds. Any form of deviation from the purpose stated on your visa can render your LLTR invalid. If you violate the terms of your LLTR or overstay, you could be deported, have your permission revoked, or be barred from re-entering the UK for some time.

Page Contents

• What is Limited Leave to Remain in the UK?
• Eligibility for Limited Leave to Remain in the UK
• Benefits and Restrictions of Limited Leave to Remain in the UK
• Renewing Your Limited Leave to Remain in the UK
• Transitioning from Limited Leave to Remain to Indefinite Leave to Remain (ILR) in the UK
• How Can Total Law Help?
• Frequently Asked Questions

If you have an approved UK visa, switched your permissions, or gotten a visa extension, you have a leave to remain status. Here are some of the visa categories that grant you a limited leave to remain status:

• UK work visas (e.g. Global Business Mobility visa)
• UK family visas (e.g. child or spouse visa)
• UK visitor visas
• UK study visas
• UK business visas
• British National (Overseas) visa (e.g. Hong Kong BNO visa)
• EU Nationals with EU Settlement Scheme or Pre-Settled Status
• EU Settlement Scheme Family Permit
• UK Asylum visas

You can also use LLTR to extend your stay under a particular visa category as long as you have a valid immigration status. Limited Leave to Remain is also a step towards getting an Indefinite Leave to Remain (ILR), which is a form of permanent residence granted after living in the UK for a specific number of years, usually 5 years, on a valid visa.

As long as you continue to fulfil your visa conditions, your limited leave to remain status will be valid.

Once you get your limited leave to remain in the UK, you can begin to enjoy all the benefits and entitlements of acquiring this status.

With a Limited Leave to Remain status, you can live in the UK for as long as your visa permits. You can also engage in all of the activities permitted under the type of visa you have.

Some visas enjoy more freedom than others. For instance, people with a Pre-Settled Status under the EUSS can live, study, and work at most jobs in the UK. They could also access public benefits, which most people with limited leave to remain status cannot access.

Not having access to public funds and assistance is one of the restrictions of having limited leave to remain status. It is usually stated on your Biometric Residence Permit (BRP card) so you must have the ability to meet your financial needs and that of any dependent family members.

However, you will have access to the UK National Health Service once your visa is in effect for a stay longer than 6 months. You will only have to pay the immigration healthcare surcharge. Visitors with visas for less than 6 months do not get free NHS care unless they are EU nationals with PRC, EHIC, or S2.

Individuals under limited leave to remain status in the UK might also face some travel restrictions. While you can travel if you wish, there is no guaranteed re-entry. Therefore, it is essential to confirm that your visa will remain valid for your re-entry. You might also have to provide evidence of your lawful status and purpose for travel at the border.

Avoid travel for long periods as it can jeopardize your eligibility for an indefinite leave to remain. You should also confirm that your visa does not have any travel restrictions before you make plans.

You are protected under UK law with a limited leave to remain, and you can seek recourse to justice. With the Equality Act 2010, you are protected from all forms of unlawful discrimination. You can seek legal redress and get assistance through the tribunals and courts.

The renewal process must be started before your current leave expires, usually within 28 days of its expiration.

You start the process by filing the necessary online form for an extension of your visa category and providing the required documents. Some of the required documents include proof of income, proof of residence, and proof of sponsorship. Note that the required documents will vary based on the specific visa that you are applying for. You have to ensure that you submit the right documents in time, as any delay can impact your legal status.

You would also have to provide your biometric information at a UK Visa and Citizenship Application Services (UKVCAS) centre. Payment of the application fee and immigration health surcharge is mandatory.

Once you have submitted your application, you should wait for the decision by immigration control.

You must renew your limited leave to remain visa before it expires to avoid becoming an overstayer. If you overstay the duration of your visa, you can lose your legal right to live, work, and enjoy some public services in the UK. You might also get deported from the country and banned from re-entry, which can pose a challenge in obtaining future visas.

Overstaying can also affect your chances of getting your Indefinite Leave to Remain as an ILR requires continuous lawful residence. You can mitigate these risks by renewing your leave promptly.

Getting an Indefinite Leave to Remain has several benefits. These include:

• Permanent residence in the UK and possible British citizenship.
• No more travel restrictions. You do not have to be bound by the Limited Leave to Remain travel restrictions.
• Access to social welfare support and public funds.
• Free access to healthcare from the NHS without paying the immigration health surcharge fee

To transition from a Limited Leave to Remain to Indefinite Leave to Remain, you need to meet the minimum qualifying period of continuous lawful residence in the UK based on your visa type.

For most visas, the qualifying period is 5 years. However, not all visas provide a pathway to an ILR. You can seek legal advice from your immigration lawyers to know if your visa qualifies for an ILR. If your visa is eligible, you would still need to satisfy some additional criteria.

Some of the eligibility criteria you might be required to meet include:

• Meeting the qualifying number of continuous lawful residence in the UK
• Not having left the UK for more than 180 days in any 12 months
• Passing the Life in the UK test
• Proving your English proficiency with a test
• Being a person of upstanding character without a criminal record.

Transitioning to an ILR can be a technical process, but you do not have to do it alone. You can seek the help of experienced immigration lawyers who can help you through the process.