Since both these terms are closely related to each other, common people usually misjudge them as one and the same thing. The difference between the two is quite simple to identify. If you have any ambiguity regarding this, it would be wise to consult one of the immigration lawyer serving in your area. However, we have defined and explained them briefly with a view to clarifying your thoughts about these two terms. Leave to remain The Leave to remain is a permit to remain in the UK. It is awarded to a person who has obtained the leave to enter. Moreover, such a person has no other right to remain in the UK whether through indefinite stay or British Citizenship. The permit is awarded by the UK border agency under the rules mentioned in Section 3(3) of the Immigration Act 1971. Leave to remain allows the holder to reside in the UK for a particular period. During this time, the holder can live and work according to the requisites of this permit. There are certain conditions, which the holder of a leave to remain has to fulfill during this probationary period. If any of the rules mentioned in the permit is not followed, the leave to remain is taken away by the UK border agency. Discretionary leave to remain This is a kind of leave to remain in the UK, which is totally based on the discretion of the UK border agency. These discretionary powers can be exercised in any kind of circumstances, which the UK border agency deems fit for the purpose. It further states that the concerned authority (UK Border Agency) can grant discretionary leave to remain in the UK even if an individual or group of individuals is not permitted to remain in the UK. This discretion is exercised only in case of such circumstances, which demand special attention as per Amnesty rules or it can be used in the circumstances where the compassionate attitude is inevitable. In order to get more detailed information, as for how to apply for this exceptional leave to remain, you can hire the services of any one of the seasoned immigration lawyers. Indefinite leave to remain After gaining some acquaintance with the leave to remain, it’s time to discuss the Indefinite leave to remain. In fact, it is considered as an extension to the leave to remain, as it is granted for an indefinite period. In other words, it gives the person a right to remain in the UK for a period, which is not defined by the UK border agency. In fact, the indefinite leave to remain is not indefinite in some cases. The UK border agency may withdraw the indefinite leave to remain Under Section 76 of the Nationality, Immigration and Asylum Act 2002. After the withdrawal or removal of indefinite leave to remain, the person who has been deprived of the permit will lose all those rights which were available for the person, such as the right to work or get welfare benefits. In these circumstances, qualified immigration lawyers may guide you for your stay in the UK.
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