United Kingdom: Information on the meaning of the term "exceptional leave to remain" with regards to a person's immigration status, on the reasons for which a person might receive this status and whether there are any provisions in place to re-apply for "exceptional leave to remain" after having left the country
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 December 1993 |
| Citation / Document Symbol | GBR15993.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, United Kingdom: Information on the meaning of the term "exceptional leave to remain" with regards to a person's immigration status, on the reasons for which a person might receive this status and whether there are any provisions in place to re-apply for "exceptional leave to remain" after having left the country, 1 December 1993, GBR15993.E, available at: https://www.refworld.org/docid/3ae6ac7570.html [accessed 26 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
For information on the rights and obligations of persons with the designation "exceptional leave to remain" in Britain, please refer to Response to Information Request GBR15991.E dated 8 December 1993. This document is available at your Regional Documentation Centre.
The following information was provided by an official of the British High Commission in Ottawa (9 Dec. 1993). The term "exceptional leave to remain" on a person's immigration status and/or documents, means that due to events in the person's country of origin, she/he cannot return to that country. As a result the person has been given approval to remain in Britain, which is not the rule for admitting foreigners into Britain, but is instead an exception. The source advised that a detailed explanation of the term could only be obtained from the Home Office in London.
To be given "exceptional leave to remain" in Britain a person must be able to demonstrate that events in the country of origin make it impossible to return. Britain is a signatory of the 1951 Convention Relating to the Status of Refugees. Therefore the conditions for qualifying for convention refugee status in Britain are the same as those existing in Canada. However, the process is not the same. For further information on the status of an applicant at various stages in the determination process, and whether a person may apply for "exceptional leave to remain" after leaving Britain, please refer to the attachment.
This response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
Reference
British High Commission, Ottawa. 9 December 1993. Telephone interview with official.
Attachment
United Kingdom. House of Commons. n.d. "Statement of Change in Immigration Rules." London: Her Majesty's Stationary Office.
