Appeal rights exhausted (ARE)

A person will become ‘appeal rights-exhausted’ when their asylum or immigration claim and any subsequent appeals have been unsuccessful, the time to lodge an appeal has passed, or they have no further right to appeal.

Asylum seeker

A person who has made a claim to the UK government for protection (asylum) under the United Nations Refugee Convention 1951 and is waiting to receive a decision from the Home Office on their application or from the Court in relation to an appeal.

Country of origin

Usually the person’s country of nationality but if this is unclear then local authorities would need to find out from the Home Office which country the person may be removed to or whether the person is stateless.

EEA national

A person who is a national of a European Economic Area (EEA) country or Switzerland: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lichtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovenia, Spain, Slovakia, Sweden & the UK. When the term EEA national is used in this guidance this does not include the UK.

Home Office

The government department that is responsible for maintaining immigration control, including:

• UK Visas and Immigration (application casework)
• Border Force (border control)
• Immigration Enforcement (enforcement within the UK including the Intervention and Sanctions Directorate which undertakes immigration status checking for local authorities)

Humanitarian Protection

A person who has been recognised as having a real risk of serious harm or well-founded fear of persecution in their country of origin, but not for any reason set out under the UN Refugee Convention 1951. They will be granted five years limited leave to remain, may work and claim public funds, and can apply for indefinite leave to remain after five years.

Illegal entrant

A person who has entered the UK without the correct immigration permission, has used deception to gain entry, has not passed through immigration control, or who re-enters the UK before their deportation order is revoked.

Immigration Rules

The statutory instrument which sets out the categories under which people can apply for leave to enter or remain in the UK, the requirements which need to be met, the length of leave which will be granted and conditions attached to the leave. See: https://www.gov.uk/guidance/immigration-rules.

Indefinite leave to enter

Immigration permission with no time limit on the length of stay in the UK. Also referred to as ‘settled status.’ There are no conditions attached to this type of leave so a person may undertake employment and can access public funds (unless they were granted as an adult dependent relative and have lived in the UK for less than five years).

Indefinite leave to remain

Immigration permission with no time limit on the length of stay in the UK. Also referred to as ‘settled status.’ There are no conditions attached to this type of leave so a person may undertake employment and can access public funds (unless they were granted as an adult dependent relative and have lived in the UK for less than five years).

Leave to enter

Immigration permission issued by an Immigration Officer when a non-EEA national enters the UK. Most people are required to apply for prior entry clearance at a visa application centre abroad, which will be provided as a vignette in the person’s passport.

Leave to remain

Immigration permission issued by the Home Office, which is applied from within the UK, usually by completing a form and submitting this online, by post or in person.

Leave to remain outside of the rules

Leave to remain granted outside of the Immigration Rules on the basis of a person’s family or private life in the UK.

Limited leave to enter

Immigration permission issued for a time limited period; conditions may include restrictions on employment and access to public funds.

Limited leave to remain

Immigration permission issued for a time limited period; conditions may include restrictions on employment and access to public funds.

Limited right to rent

A person with limited leave to remain should be able to rent, sub-let or be the paying lodger of a private landlord in England for 12 months, if their leave to remain expires within one year, or until their leave expires if this is after 12 months.

No recourse to public funds (NRPF)

A condition that prevents a person from being able to claim most welfare benefits, homelessness assistance and social housing because of their immigration status.

No right to rent

A person who is seeking asylum or has no current immigration permission will not be able to rent, sub-let or be the paying lodger of a private landlord in England, unless the Home Office grants them permission to rent on an exceptional basis.

Primary carer

When a person, who is the parent, grandparent, or legal guardian, either has primary responsibility for the child’s care or shares this responsibility equally with another person (who does not have British Citizenship, settled status or a European right to reside on any other basis).

Refugee

A person who has been recognised as having a well-founded fear of persecution in their country of origin for reasons of race, religion, nationality, membership of a particular social group, or political opinion under the UN Refugee Convention 1951. They will be granted five years limited leave to remain, may work and claim public funds, and can apply for indefinite leave to remain after five years.

Refused asylum seeker

A person who has made a claim for asylum which has been finally determined and refused.

Unlimited right to rent

A person will be able to rent, sub-let or be a paying lodger of a private landlord in England if they are British Citizen, EEA national or if they have settled status (for example, indefinite leave to remain).

Visa overstayer

A person who had leave to enter or remain in the UK for a limited period and has no current immigration permission because they:

• did not make an application to extend their leave before their previous leave expired, or
• made an application which was refused after their previous leave expired.

UASC leave

Leave to remain granted to an unaccompanied asylum seeking child who is under 17.5 years old and has been refused asylum but there are no reception arrangements in their country of origin.