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GLOSSARY

Variation of leave definition

Published by a LexisNexis Immigration expert

What does Variation of leave mean?

Changes made to the duration and or conditions of a person's leave to enter or to remain in the UK.

In the case of a limited leave to enter or remain in the UK, a person's leave may be varied, whether by restricting, enlarging or removing the limit on its duration, or by adding, varying or revoking conditions: see Immigration Act 1971, s 3(3) and Immigration Rules, para 31. The power under the Immigration Act 1971 to vary leave shall be exercised by the Secretary of State for the Home Department (Immigration Act 1971, s 4(1)) however an Immigration Officer at a port of entry may, but is not obliged to, consider an application made by a person with extant leave to enter or remain, granted prior to his arrival in the UK, to vary that leave (Immigration Rules, para 31A).

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Extensions, switching and varying existing applications

In this Practice Note, the terms ‘leave to enter/remain’ and ‘permission to enter/stay’ are used interchangeably. The word ‘permission’ replaces ‘leave’ in the Immigration Rules for simplified routes, but the former term is still used in other categories of stay and the relevant legislation.A person with permission to enter or remain in the UK, who wishes and is permitted to apply to stay beyond the date their current leave expires, or who wishes to change immigration category is generally required to make an application when in the UK to the Home Office to vary their permission.A person’s permission may be varied:•by restricting, enlarging or removing the limit on its duration, or•by adding, varying or revoking conditions attached to it. See Practice Note: Conditions of permission to enter or stay in the UK for further detailsThis Practice Note covers the following types of application submitted in the UK:•extensions of stay, eg to extend permission in the applicant’s current immigration category•indefinite leave to remain, otherwise known as ‘Settlement’, ie leave without a...

Home Office forms—applying from inside the UK

Home Office forms—applying from inside the UK Using this Practice Note This page contains an alphabetical list of Home Office application forms for use in applications made from within the UK, with links where relevant to a fully editable and saveable Lexis®Smart version of each form (see below). Where applications are made online, the links for these are also provided. In the case of applications for permission to stay in some routes, this link is to the GOV.UK page on the relevant Home Office tool for extension of stay in that route. This will contain an ‘apply’ button, which takes you to the form. For switching, this is generally the same form, but you can use the tool to navigate to the switching page. Using Lexis®Smart versions of Home Office forms and checking they are up-to-date When the Home Office issues a new version of a form in PDF format, it does not provide LexisNexis® with a copy in advance. As a result, we only become aware...

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