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.
27 Comments
Imran Shaheen
7/16/2019 01:54:36 pm
Dear Sir, I am from Pakistan. I came to UK back in 1998 illegally. In 2003 I was caught by immigratio. I was bailed but I stoped signing to immigration office in London due to my circumstances back home. I was caught again in 2007. Police raided the place where I use to reside. They found three old passports one was Pakistani which was expired and second one from Belgium which also was expired. When I came to UK I used Belgium passport. I also managed to make British passport to travel back to my country. In short I was sent to prison for 12 months but I was released after six months sentence and I was told to report to probation officer for six months. Same time I suppose to sign at Bucket house in London bridge. I was deported back to my country origin on 8th of June 2008. My deportation period of ten years expired last year in June 2018. Recently I came a cross a divorced Pakistani lady who reside in London with her three grown up kids in council place. Her current status is leave to remain in UK. We have been chatting to each for quite some time. I was wondering what if I apply for Spouse visa will I be able to get spouse visa? I know that she has to earn £18600 or more in one year. I am self employed in Pakistan my age is going to 39 this year in August. Kindly guide me if i will be able to get six months visa to marry her or she has to wait till she get indefinite visa in UK. More likely she have another three years to complete the process to get indefinite leave to remain. Further will I be able to get visa since my previous record in UK. I will wait for you kind reply. Many thanks.
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