Other Rules & Categories in UK Immigration

There are various types of UK immigration routes, depending on the purpose of an applicant wanting to come to or stay in the UK. For example, visiting the UK for tourism – UK Visitor Visa, starting a new job or a business – UK Work Visas, undertaking a course of study – UK Student Visa, or even starting a new life with loved ones – UK Family Visa.

The right visa grants a person legal entry or permission to stay in the UK. It also determines the duration of their leave and the activities they are permitted under their visa conditions, such as education or employment.

In addition to the main UK visa categories, there are other categories one should know about, including discretionary leave to remain, Ancestry Visa, Ancestry Visa dependents, BNO Visa for Hong Kong British Nationals, etc.  

Similarly, there are other immigration rules that foreign nationals should be aware of before they apply for a relevant UK visa. For example, Discretionary leave to remain, leave to remain, English language requirements, Continuous Residence for Immigration Applications, TB test for UK Visa, Priority and Super Priority Service, etc.

Discretionary leave to remain

There are numerous immigration routes under which foreign nationals already in the UK can apply for leave to remain in the UK.  If, however, a person is not eligible under any of these routes, there are certain circumstances in which UKVI (UK Visas and Immigration) may still consider it appropriate to grant that person discretionary leave to remain in the UK.

Discretionary Leave (DL) is a pathway for overseas nationals who are in the UK but do not meet the requirements for asylum or humanitarian protection. DL is an immigration status granted outside the Immigration Rules, and is instead based on Home Office policy. Importantly, Discretionary Leave cannot be applied for from outside the UK and is generally granted to individuals who may not qualify for asylum or humanitarian protection but have other exceptional circumstances that justify their stay in the UK.

Leave to remain

Leave to remain is the permission granted by the Home Office to non-UK nationals to stay in the UK for a limited period of time (2.5 years on most visas) beyond their original leave period. It can be issued temporarily, known as Limited Leave to Remain, or as ILR (Indefinite Leave to Remain) – also known as ‘Settlement’. Which immigration route an applicant takes will depend on their visa category, personal circumstances, and how long they have lived lawfully in the UK.

English language requirements

The English language requirement rules require a person applying for permission on a particular route to show that they have a specified level of English language ability. The level of English language a person is required to meet is set out in the rules for the relevant immigration route, and the rules on how to meet the requirement are set out in Appendix English Language in the Immigration Rules.

Required levels come from the CEFR (Common European Framework of Reference for Languages), and 4 components are tested:

• Reading 

• Writing 

• Speaking and 

• Listening 

Ancestry Visa

The UK Ancestry visa allows Commonwealth citizens aged 17 or over to live and work in the UK. For this visa, one of the applicant's grandparents must have been born in the UK (England or Wales, Scotland, or Northern Ireland), the Channel Islands (the Bailiwick of Guernsey, or the Bailiwick of Jersey), or the Isle of Man.

Successful applicants can live in the UK for 5 years on an Ancestry visa. This visa is also a pathway to settlement in the UK.

Ancestry Visa dependents

A partner or child of a person who is 

• Applying for permission to enter or remain on the Ancestry route, or

• Has permission on the Ancestry route, or

• Settled in the UK or has become a British citizen, providing they had permission on the UK Ancestry route at the time of their settlement

can apply for permission to enter or remain as a dependent partner or dependent child on the UK Ancestry route. 

The applicants will need to provide evidence of their relationship with the person on the Ancestry route when they apply.

BNO Visa for Hong Kong British Nationals

If a person is from Hong Kong and is a British National (Overseas), they and their family members can apply for a BNO (British National (Overseas)) visa.

A child of a British National (Overseas) aged 18 or over who was born on or after 1 July 1997 can apply separately from their parent. Their family members can also apply with them.

A person from Hong Kong can apply for the BNO visa from overseas, but they should wait for a decision on their application before traveling to the UK.

Overseas Adoption of Children

Appendix Adoption sets out the rules for a child under 18 to apply for entry clearance to come to the UK either to be adopted here or if they have been adopted overseas. 

A child can be adopted from overseas if:

• In their own country, they cannot be cared for in a safe environment

• The adoption would be in their best interests

• An adoption agency in the UK has assessed the person who is adopting as eligible and suitable to adopt a child from overseas

To adopt a child from overseas, the adopter should contact a UK adoption agency.

Continuous Residence for Immigration Applications

The continuous residence requirement is a key requirement that overseas migrants in the UK must satisfy to be able to apply for settlement here. Continuous residence for the UK's immigration application means a person applying for indefinite leave to remain (also known as settlement) must have resided in the UK lawfully for the qualifying period as per the requirements and restrictions of their immigration route, their continuous residence must not be broken, and their absences from the UK must not exceed the maximum permitted.

Appendix Continuous Residence of the Immigration Rules sets out how the continuous residence requirement can be met.  Appendix Continuous Residence applies to ILR applications made under various routes. Some of those routes include the following:

• HM Armed Forces (only settlement as a Partner or Child)

• Skilled Worker Route

• Representative of an Overseas Business Route

• T2 Minister of Religion Route

• Family Life Route

• Innovator Founder Route

TB test for UK Visa

TB (known as Tuberculosis) is a bacterial infection. A person will need to have a TB (tuberculosis) test for a UK visa if all of the following are true:

• They are applying for a route to come to the UK for 6 months or more

• They have lived in any of these listed countries for 6 months or more

• They were living there (or another listed country) within the last 6 months

A person needs a TB test even if they are coming to the UK for less than six months as a Fiancé (e) visa or proposed civil partner visa under the family route, or as a Returning Resident under the Returning Resident Visa. If someone already in the UK is applying for or extending a BNO visa, they will need a TB test if they did not provide a TB certificate when they arrived in the UK.

Visa Switching Rules

Some UK visa categories, such as the Skilled Worker visa, permit in-country switching, while other routes, such as the Visitor Visa, require applicants to leave the UK and apply from overseas. The applicant must meet, depending on the visa type, the criteria of the new visa, such as relationship, work, financial, and English language requirements.

A person must apply to switch before their existing permission expires. You will also normally be required to attend a biometric appointment, unless the UKVI can reuse the biometric information provided by the applicant previously.

Apply for travel document

A person can apply for a document to travel outside the UK if:

• They are not British

• They cannot use or get a passport from the national authorities of their country

• The national authorities of their country cannot give them a new passport

One should not book travel until they have received their travel documents. 

The type of travel document a person can apply for depends on the kind of permission to stay in the UK they have, such as refugee status or being recognized as stateless.

Lost Biometric Residence Permit Card

BRP (Biometric residence permits) are cards that were previously used to prove a person’s immigration status in the UK. One might have a BRP if they were granted permission to live or work in the UK by the UKVI on or before 31 October 2024.

All existing BRPs have now expired and have been replaced by an online record of a person’s immigration status known as eVisas.

A person whose BRI is lost or stolen must report it either themself or through someone else, such as a legal representative, even though it’s expired. If they do not report a lost or stolen BRP card, they can be fined up to £1,000 and asked to leave the UK. 

If the BRP card is found reporting it lost or stolen

A BRP card cannot be used if it is found after being reported as lost or stolen. It must be destroyed.

Priority and Super Priority Service

Priority and Super Priority Service are mechanisms available to UK visa applicants to get a faster decision on their visa applications. Priority service allows a person to receive a decision within 5 working days, and on the other hand, Super Priority Service ensures a Home Office decision usually by the end of the next working day.

Both are paid services.

UK Entry Clearance

UK Entry Clearance refers to the permission that UK authorities grant to non-UK nationals to enter the country. Entry clearance is typically required for individuals who need a visa to come to the UK for family visits, work, study, or settlement. The process involves a person submitting an application from outside the UK and obtaining approval before traveling.