Leave To Enter and Remain Order
Summary of Information
The Immigration (Leave to Enter and Remain) (Amendment) Order 2024 (“the 2024 Order”) amended the Immigration (Leave to Enter and Remain) Order 2000 (“the LTERO”).
The IMA’s legislation monitoring report in respect of the 2024 Order can be found here. Article 13 of the LTERO as previously drafted was incompatible with the IMA judgment and the Agreements as it did not make provision for pre-settled status holders who had acquired the right of permanent residence under the Agreements and who therefore benefitted from a longer period of permitted absence from the UK.
Amendments were made to the LTERO to address this in a way which avoids complicated assessments at the border. The 2024 Order provides for all holders of leave under the EUSS to be absent from the UK and Islands for a 5-year period (4-year for Swiss citizens and their family members) before their leave lapses under the LTERO.
However, as made clear in paragraph 5.8 of the accompanying Explanatory Memorandum, these changes do not affect the ability of the Home Office to curtail pre-settled status for those who have not acquired the right of permanent residence who cease to remain eligible for pre-settled status as they have exceeded the absence(s) from the UK permitted by the Agreements.
Summary of Actions and Evidence
Following the amendments, the Home Office confirmed to the IMA that updated guidance to Border Force officers has now been published.
Officials at the Home Office have now confirmed to the IMA that the updates to guidance for Border Force officers and affected citizens have been made to reflect the amendments to the LTERO. The links to the amended guidance can be found below:
- EU Settlement Scheme: Border Force guidance – GOV.UK (www.gov.uk)
- Apply to the EU Settlement Scheme (settled and pre-settled status): What you’ll get – GOV.UK (www.gov.uk)
Any citizens who may have been affected by this issue can report a complaint to the IMA via our complaints portal. For anyone seeking further advice, our useful contacts page has details of organisations that can assist.
