Restricted leaveleave: caseworker guidance
PolicyImmigration staff guidance on granting restricted leave.
Documents
Details
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Updated restricted leave PDF to reflect the Nationality & Borders Act 2022 amendments.
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Updated guidance.
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Guidance updated with the following changes: clarification of who the policy applies to; clarity on considerations around the duration and conditions of leave and travel outside the UK; removal of the requirement not to spend more than 3 consecutive nights or more than 10 days in a rolling 6-month period away from the place of residence without seeking prior permission from the Secretary of State; minor clarifications in respect of applicability of the policy to dependants; updates to reflect the Court of Appeal decision in MS & Anor v SSHD [2017] EWCA Civ 1190 (31 July 2017); inclusion of refusal of applications for leave under the EU Settlement Scheme.
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Guidance updated to comply with GDPR.
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Updated guidance.
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Updated guidance.
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First published.
Update history
2026-01-05 00:01
Updated section on conditions to impose on a grant of leave, to reflect commencement of provisions in the Border Security, Asylum and Immigration Act 2025. Updated section on breach of conditions. Updated references to reflect the current Immigration Rules.
2025-08-27 15:37
Updated guidance, including: updated condition code for recourse to public funds; updated references to the Immigration Act 1971; replaced references to biometric residence permit with immigration status online (eVisa); and updated travel outside the UK section.
2023-10-25 13:47
Replaced document with a new version.
2023-07-28 15:00
Guidance updated, including: removing condition requiring a person to register with the police; amending to include persons to whom Article 1(2)(iii) of the 1954 Convention on the status of stateless persons applies; updating to clarify approach to adult children of those granted restricted leave; amending to clarify approach when reviewing the no recourse to public funds condition.
2022-07-20 15:27
Updated restricted leave PDF to reflect the Nationality & Borders Act 2022 amendments.
2022-04-11 13:56
Updated guidance.