Leave to remain in the context of "Home Office hostile environment policy"

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⭐ Core Definition: Leave to remain

Indefinite leave to remain (ILR) is an immigration status granted to a person who does not hold the right of abode in the United Kingdom (UK), but who has been admitted to the UK without any time limit on their stay and who is free to take up employment, engage in business, self-employment, or study. When indefinite leave is granted to persons outside the United Kingdom it is known as indefinite leave to enter (ILE).

It approximates to the concept of permanent residency (PR) in other countries, but that term had a different and specific meaning under the EU law on freedom of movement while the UK was in the EU. ILR is granted under UK domestic legislation, PR was (before Brexit) acquired automatically, if certain conditions were met, under EU law.

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👉 Leave to remain in the context of Home Office hostile environment policy

The UK Home Office hostile environment policy is a set of administrative and legislative measures designed to make staying in the United Kingdom as difficult as possible for people without leave to remain, in the hope that they may "voluntarily leave". The Home Office policy was first announced in 2012 under the Conservative–Liberal Democrat coalition. The policy was widely seen as being part of a strategy of reducing UK immigration figures to the levels promised in the 2010 Conservative Party Election Manifesto.

The policy has been cited as one of the harshest immigration policies in the history of the United Kingdom, and has been widely criticised as inhumane, ineffective, and unlawful. The United Nations Human Rights Council has stated that the policy has fostered xenophobia within the UK, while the Equality and Human Rights Commission has found that the policy broke equalities law.

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Leave to remain in the context of British Overseas citizen

A British Overseas citizen (BOC) is a holder of a residual class of British nationality, largely held by people connected with former British colonies who do not have close ties to the United Kingdom or its overseas territories. Individuals with this form of nationality are British nationals and Commonwealth citizens, but not British citizens. BOCs are subject to immigration control when entering the United Kingdom and do not have the automatic right of abode there or in any British overseas territory.

This nationality gives its holders a limited set of rights when they are resident in the United Kingdom, conferring eligibility to vote, to obtain citizenship under a simplified process, and to serve in public office or non-reserved government positions. As of 2025, about 10,000 BOCs hold valid British passports with this status and enjoy consular protection when travelling abroad. However, BOCs who do not have leave to remain in the UK nor the overseas territories and have no other citizenship are de facto stateless as they are not guaranteed the right to enter the country of which they are nationals.

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