2.1 Common Types of Immigration Status

The UK’s immigration laws are complex, and it can be difficult to establish whether or not a person has permission to enter or remain in the UK, and if so, on what basis. It is the responsibility of the Home Office to decide what a person’s immigration status is, usually after the person has made an application, and only an IAA-regulated immigration adviser or member of the appropriate regulatory bodies for solicitors and advocates can lawfully advise an individual on their immigration matter. However, social workers and other local authority officers will need to be able to identify a person’s immigration status and understand how this impacts on their entitlements, in order to determine what type of support and services may be available to migrants and their families. This section provides a basic summary of the different types of immigration status people may have. Please also refer to the glossary. Subject to Immigration Control People who require permission to enter the UK, or permission to stay in the UK to live, work and study here, are referred to as people ‘Subject to Immigration Control’. Unless the UK government has granted this permission (referred to as ‘Leave to Enter’ or ‘Leave to Remain’), or a form of temporary admission called ‘Immigration Bail,’ a person subject to immigration control is unlawfully resident and can be excluded, removed or deported from the UK. Every person requires leave to enter or remain in the UK unless they are:

• a British citizen
• an Irish citizen; or
• a Commonwealth citizen with the ‘Right of Abode’

British Nationality and British Citizenship British nationality law is complex, and there are 6 different types of British nationality. They are: British citizenship, British overseas territories citizen, British overseas citizen, British subject, British national (overseas) and British protected person. Some British nationals, such as British Nationals (Overseas) (BN(O)) may hold a British passport but they are subject to immigration control and do not have the automatic right to live or work in the UK. For more information about the rights and entitlements of BN(O) and BN(O) visa holders, please see the section on “British Nationals (Overseas) (Hong Kong)” below. British citizens, on the other hand, automatically have the ‘right of abode’ in the UK, which means that they can enter the UK when they wish to, even if they have never lived here before. British citizenship may be acquired by birth, by descent, or by making an application to the Home Office to register (a child) or naturalise (an adult). A child will not automatically be British solely by being born in the UK, following a change in the law that has applied since 1January 1983. You can check if someone might be a British citizen – or might be eligible to apply for British citizenship. Evidence of British citizenship can include a valid British passport, or a Certificate of Registration or Naturalisation. From 25 February 2026, British citizens who are dual nationals of another country must possess either a British passport, or a Certificate of Entitlement in their foreign passport, in order to travel to the UK. See guidance here. Irish Citizenship Irish citizens hold a unique status in the UK under the Common Travel Area (CTA) arrangements, a long-standing arrangement between the UK, the Crown Dependencies (Bailiwick of Jersey, Bailiwick of Guernsey and the Isle of Man) and Ireland. Under the CTA, Irish citizens can move freely and reside in the UK without holding any leave to enter or reside, including a visa, any form of residence permit or employment permit. Irish citizens also enjoy associated rights and privileges, including the right to work, study and vote in certain elections, as well as to access social welfare benefits and health services. Commonwealth Citizens Some Commonwealth citizens have the ‘right of abode’. They may have gained this right either because of who their parents are, or through marriage. British nationality law is complex and British citizenship may be acquired by birth, descent, or by making an application to the Home Office to register or naturalise. People who have the ‘Right of Abode’ can apply for a Certificate of Entitlement as evidence. EEA & Swiss nationals People who are from European Economic Area (EEA) countries,¹ and their family members, were exempt from immigration control during the period 1 January 1973 to 31 December 2020. During this period, EEA nationals could move freely and reside in the UK without holding any leave to enter or reside, including a visa, any form of residence permit or employment permit, so long as they were exercising rights arising under key treaties linked to the UK’s membership in the European Union (‘EU treaty rights’).² A ‘Right to Reside’ was acquired through exercising EU treaty rights:

• During the first three months of residence (initial right of residence)
• When an EEA national was: jobseeking, working, self-employed, self-sufficient or studying
• When the person is the family member of an EEA national with a right to reside

It was possible for EEA nationals to apply for documentation of their exercise of EU treaty rights during this period, but they were not required to do so. Many did not do so. This means that you may come across documentation from this era held by some EEA nationals but not others. The absence of a document does not mean they were in the UK unlawfully. In 2016, the UK voted to withdraw from the European Union (referred to as ‘Brexit’), and as a result, from 1 January 2021, EEA nationals became subject to immigration control and could no longer rely on EU treaty rights to acquire a right to reside. EEA nationals and their family members who were living in the UK on, or before, 31 December 2020 were eligible to apply for a form of Leave to Remain under the EU Settlement Scheme (EUSS). An EEA national who makes a valid application under the EUSS will receive a Certificate of Application, which also confirms the holder’s right to work and right to receive benefits, until a decision is made on that application. EEA nationals arriving in the UK for the first time on, or after, 1 January 2021, arrive subject to immigration control, and are generally not eligible to apply under the EUSS (unless they are eligible joining family members of pre-settled or settled status holders already in the UK). The following applies to:

• • EEA Nationals who entered the UK on or before 31 December 2020;
  • EEA and Non-EEA Family Members in a subsisting relationship with an EEA National who entered the UK on or before 31 December 2020 (even if the family member entered the UK for the first time on or after 1 January 2021)

TYPE OF STATUS	DESCRIPTION	RIGHTS AND ENTITLEMENTS
Pre-settled status	Limited leave to remain granted for up to five years under the EU Settlement Scheme.	Can obtain indefinite leave to remain under the EU Settlement Scheme (called Settled Status) after five years’ continuous residence in the UK. Continuous residence might be broken if they leave the UK for extended absences (e.g. more than 30 out of the last 60 months). No restrictions on employment or study. There may be additional eligibility criteria for accessing public funds.
Settled status	Indefinite leave to remain granted under the EU Settlement Scheme.	There is no time limit on the person’s length of stay in the UK but may be lost if they leave the UK for five years or longer. No restrictions on employment, study or access to public funds.
EU Settlement Scheme family permit	A document issued overseas to allow a non-EEA family member to enter the UK with or to join the EEA national.	The permit is valid for six months and normally, the person would apply for either Settled Status or Pre-Settled Status under the EU Settlement Scheme within three months of arriving in the UK. No restrictions on employment or study. There may be additional eligibility criteria for accessing public funds.

  The following applies to: EEA Nationals who entered the UK for the first time on or after 1 January 2021

TYPE OF STATUS	DESCRIPTION	RIGHTS AND ENTITLEMENTS
Short-term visitor	EEA nationals are permitted to enter the UK for short terms visits up to 6 months without needing to apply for a residence permit.	Will have conditions including a restriction on employment, long term study or access to public funds. Cannot be extended. To remain in the UK for more than 6 months, a person must make an application for another form of Leave to Remain, and typically this cannot be made in-country so they must leave the UK in order to do so.
Limited Leave to Enter Limited Leave to Remain	Immigration permission issued for a time limited  period. Leave may be granted under the Immigration Rules, outside of the rules or on a discretionary basis.	Will have conditions imposed, for example, restrictions on employment , study and access to public funds. A person’s eVisa will state whether they have recourse to public funds. If No Recourse to Public Funds (NRPF) and at risk of destitution, signpost to a legal representative to find out whether they can apply to Home Office for leave to be varied to remove the NRPF condition by making a change of conditions application. A person may be on a settlement route depending on the type of leave they have, which means they can apply for indefinite leave to remain after a specified period of time.
Indefinite Leave to Enter Indefinite Leave to Remain	Immigration permission with no time limit on the length of stay in the UK. Also sometimes referred to as ‘Settled Status’.	May be lost if the person leaves the UK for two years or longer. No restrictions on employment, study or access to public funds.

  British Nationals (Overseas) Hong Kong A British National (Overseas) is someone who was previously a British overseas territories citizen living in Hong Kong who registered as a British National (Overseas) before 1 July 1997. This is one of the 6 different types of British Nationality. British Nationals (Overseas) can hold a British passport and do not need to apply for residence permits to spend up to 6 months in the UK, but they do not have the ‘Right of Abode’. BN(O) status cannot be acquired by descent, by children of BN(O) holders. In response to the Chinese Government’s imposition of the national security legislation on Hong Kong in 2020, the UK Government created a new category of visa – the British National (Overseas) Visa (‘BN(O) visa’), which was launched in January 2021. BN(O) status holders who wish to remain in the UK for longer than 6 months are eligible to apply for this visa, along with their children, grandchildren, and adult dependent relatives. From November 2022 onwards, individuals aged 18 or over who were born on or after 1 July 1997 and who have at least one BN(O) parent are also able to apply to the route independently of their BN(O) parent. For more information on supporting BN(O) visa holders in Scotland, visit the Hong Kong Welcome Hub.

TYPE OF STATUS	DESCRIPTION	RIGHTS AND ENTITLEMENTS
BN(O) Visa	Leave to Remain for a period of either 2 years 6 months or 5 years	No restrictions on employment or study. Issued with No Recourse to Public Funds (NRPF) but if at risk of destitution, signpost to a legal representative to find out whether they can apply to Home Office for leave to be varied to remove the NRPF condition by making a change of conditions application. Eligible to apply for settlement after 5 years of continuous leave.
Indefinite Leave to Remain	Immigration permission with no time limit on the length of stay in the UK.	May be lost if the person leaves the UK for two years or longer. No restrictions on employment, study or access to public funds.

  Ukrainian Citizens The Ukraine Schemes were launched in March 2022, as a response to the Russian invasion of Ukraine, in order to provide safe, legal routes to the UK for Ukrainians and their family members fleeing conflict. There are four Ukraine schemes to be aware of:

• Ukraine Family Scheme – for Ukrainians with relatives in the UK – this closed to new applicants on 19 February 2024
• Homes for Ukraine – enables people in the UK to sponsor and host Ukrainians – this remains open
• Ukraine Extension Scheme – enabled the extension of leave for Ukrainians already temporarily resident in the UK – this closed to new applicants on 4 February 2025
• Ukraine Permission Extension (UPE) – extends all three schemes above and remains open

The Scottish Super Sponsor Scheme operated as part of the Homes for Ukraine Scheme. It was indefinitely paused for new applications on 13 July 2022. The Homes for Ukraine scheme is a means by which Ukrainian nationals (and family members) who lived in Ukraine before 1 January 2022, can apply to enter the UK. They must have a ‘sponsor’ in the UK who is either British, Irish, or has indefinite leave to remain in the UK. The Ukraine Permission Extension Scheme (UPE) is for Ukrainians who obtained permission to enter or reside in the UK under one of the above schemes. It is a free application which provides an extension of 18 months’ limited leave to remain in the UK. UPE holders can then apply for an additional 24 months Limited Leave to Remain when they have 90 days or less remaining on their 18 month UPE. Any time spent residing in the UK using one of the Ukraine Schemes does not count towards continuous residence for settlement. Upon arrival in Scotland, new Homes for Ukraine guests may be eligible for some help and support from local authorities. Welcome accommodation is not routinely offered however, except for the very small number of remaining Super Sponsor visa holders. There may be discretion in exceptional circumstances.

TYPE OF STATUS	DESCRIPTION	RIGHTS AND ENTITLEMENTS
Ukraine Family Scheme	Leave to Remain for a period of 3 years, to join a family member based in the UK	No restrictions on employment, study or access to public funds. Does not count towards eligibility to apply for settlement at a later stage.
Homes for Ukraine (Ukraine Super Sponsorship Scheme)	Leave to Remain for a period of 3 years, sponsored by a UK household (sponsor must be British, Irish or hold Indefinite Leave to Remain in the UK).	No restrictions on employment, study or access to public funds. Does not count towards eligibility to apply for settlement at a later stage.
Ukraine Extension Scheme	Leave to Remain for a period of 3 years, if you previously held Leave to Remain in the UK that expired between 1 January 2022 and 16 May 2023	No restrictions on employment, study or access to public funds. Does not count towards eligibility to apply for settlement at a later stage.
Ukraine Permission Extension Scheme	Grants permission to remain for an extra 18 months if you have a Ukraine schemes visa, with an option to then apply for a further 24-month extension.	No restrictions on employment, study or access to public funds. Does not count towards eligibility to apply for settlement at a later stage. Current holders of UPE can apply for an extension within 90 days of their leave expiring. If an application for UPE is not submitted prior to the expiry of status under one of the Ukraine schemes, you risk becoming a visa overstayer and losing the right to work, study and access public funds. A late application can still be submitted after expiry of status and public funds will be reinstated if UPE is granted.

Citizens of All Other Countries Citizens of all other countries are subject to immigration control, and must obtain permission to enter or remain in the UK. This will involve applying for entry clearance (if they are outside of the UK) and Leave to Enter (on arrival to the UK), or Leave to Remain (within the UK) under the UK Immigration Rules.

These rules set out the categories under which a person can apply, for example, to work, study, visit, join family or seek international protection. There will also be some instances where the Home Office may grant permission to remain in the UK on a discretionary basis or to prevent a human rights breach. Some key terms are set out in the table below. A person who is living in the UK without any immigration permission, when they are required to have this under the UK’s immigration laws, may be unlawfully present and may also be described as having irregular immigration status or as a person without leave. Leave to Enter – Immigration permission issued by an Immigration Officer on entry to the UK. Most people are required to apply for prior entry clearance by submitting an application online and then attending a Visa Application Centre (VAC) abroad. Evidence will usually be provided as a vignette (stamp) in a passport. Leave to Remain – Immigration permission issued by the Home Office, which is applied for from within the UK. An application is usually made by completing and submitting a form online. The outcome will usually be provided as a grant of status letter, and evidence of leave to remain displayed on an eVisa. Some people may still have a physical biometric residence permit (BRP) although these expired 31 Dec 2024. If you come across a person with a BRP and no eVisa, they should be assisted to apply for an eVisa as soon as possible.

TYPES OF STATUS	DESCRIPTION	ADDITIONAL INFORMATION
Limited Leave to Enter / Remain	Immigration permission issued for a time limited period. Leave may be granted under the Immigration Rules, outside of the rules or on a discretionary basis. This includes: Work permits Student visas Family visas Seasonal worker visas	Will usually have conditions imposed, such as, restrictions on employment and access to public funds. If No Recourse to Public Funds (NRPF) and at risk of destitution, signpost to a legal representative to find out whether they can apply to the Home Office for leave to be varied to remove the NRPF condition by making a change of conditions application. A person may be on a settlement route depending on the type of leave they have, which means they can apply for Indefinite Leave to Remain after a specified period of time.
Indefinite Leave to Enter / Remain (Settlement)	Immigration permission with no time limit on the length of stay in the UK.	May be lost if the person leaves the UK for two years or longer. No restrictions on employment, study or access to public funds.
Visa Overstayer	A person who had Leave to Enter or Remain in the UK for a limited period and is currently without leave. This happens because their previous leave has expired, or their leave was ‘curtailed’ meaning it expired early.	Will be treated as unlawfully present unless an in-time application has been submitted, and may be issued with a removal decision and reporting instructions. Will not be able to work, has no recourse to public funds and may be subject to sanctions on certain services.

  It is important to be aware that a person’s immigration status may change. For example, a person might enter the UK with limited leave to remain as a student, and after completing their studies, might then apply to for leave to remain as a work permit holder, or as the spouse of a British citizen. This is called ‘switching’. People who have held indefinite leave to remain (including Settled Status) for at least 1 year, and who meet minimum residence requirements in the UK, are eligible to naturalise as British citizens. Finally, some forms of leave to remain are granted subject to the No Recourse to Public Funds condition. However, it may be possible to make a ‘Change of Conditions’ application which would then allow the person to access public funds, if they are at risk of destitution. Protection (Asylum) Claims The UK has signed the United Nations Refugee Convention 1951 (the ‘Refugee Convention’), and this means that we have agreed to offer sanctuary to people who are fleeing persecution in other countries. People who are fleeing persecution can come from any country – including countries that may appear safe for some people, but are not safe for everyone. Data on the most common nationalities seeking asylum in the UK can be found on the Home Office website. The table below contains some common terms associated with people who have claimed asylum in the UK because they fear persecution in their country of origin, including the status they might acquire following the outcome of their asylum claim.

TERM	DESCRIPTION	ADDITIONAL INFORMATION
Asylum seeker	A person who has made a claim to the UK government for protection (asylum) under the Refugee convention and is waiting to receive a decision from the Home Office on their application or from a court in relation to an appeal.	Has permission to live in the UK but may be subject to place of residence and reporting requirements. Does not have recourse to public funds. If destitute, will be accommodated and supported by the Home Office’s Asylum Support system. Will not usually have the right to work, although there are some exceptions.4 A person who has received a refusal from the Home Office on their asylum claim, and who has appealed in-time to the First Tier Tribunal, is still considered an asylum seeker and entitled to Asylum Support, until they are either granted asylum or become Appeal Rights Exhausted (see below).
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 Refugee Convention.	If claimed asylum as an adult before 2 March 2026, will be granted five years Limited Leave to Remain and can apply for Indefinite Leave to Remain after five years. If claimed asylum as an adult on or after 2 March 2026, will be granted 30 months’ limited leave to remain. Can apply for Indefinite Leave to Remain after five years but this is expected to increase to 20 years in 2026. If claims asylum as a child before or after 2 March 2026, will be granted five years’ limited leave to remain and can apply for Indefinite Leave to Remain after five years. No restrictions on employment, study or access to public funds. Had the right to apply for family reunion until the UK government announced a pause on new applications in September 2025. There may still be other routes for family members to join under the immigration rules, these can be explored with immigration advice.
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 Refugee Convention.	If claimed asylum as an adult before 2 March 2026, will be granted five years Limited Leave to Remain and can apply for Indefinite Leave to Remain after five years. If claimed asylum as an adult on or after 2 March 2026, will be granted 30 months’ Limited Leave to Remain. Can apply for Indefinite Leave to Remain after five years but this is expected to increase to 20 years in 2026. If claims asylum as a child before or after 2 March 2026, will be granted five years’ Limited Leave to Remain and can apply for Indefinite Leave to Remain after five years. No restrictions on employment, study or access to public funds. Had the right to apply for family reunion until the UK government announced a pause on new application in September 2025. There may still be other routes for family members to join under the immigration rules, these can be explored with immigration advice.
Unaccompanied Asylum Seeking Child (UASC)	Children and young people under the age of 18 who arrive in Scotland without parents or guardians are defined as unaccompanied asylum seeking children. They can be supported to make a claim to the UK government for protection (asylum) under the Refugee convention. UASC are the responsibility of the local authority in which they are found or present. The local authority is required to accommodate and support under the Children (Scotland) Act 1995. UASC are entitled, as any other child, to the full range of supports that can be made available to children under this and associated legislation and provisions.	If granted asylum they will receive five years Limited Leave to Remain and can apply for Indefinite Leave to Remain after five years. Whilst awaiting a decision on their asylum claim, they will have No Recourse to Public Funds, but local authorities have a duty to provide support, as with any other child, under the Children (Scotland) Act 1995, and associated legislation and provisions.
UASC leave, or section 67 leave,5 or Calais leave7	When an Unaccompanied Asylum Seeking Child (UASC) is refused refugee status and humanitarian protection, they may be granted another form of leave, depending on the reception conditions in their home country and how they arrived in the UK.	These forms of leave are granted for a period ranging from 30 months to 5 years. No restrictions on employment, study or access to public funds. Holders must apply to extend their leave to remain if they wish to stay in the UK.
Indefinite Leave to Remain	A person who has arrived through the UK Resettlement Scheme (UKRS) or the Afghan Resettlement Programme (ARP) (formerly the Afghan Relocation and Assistance Policy (ARAP) and Afghan Citizens Resettlement Scheme (ACRS))	No time limit and no restriction on employment, study or access to public funds. Holders may apply for British Citizenship after 5 years.
ARE (Appeal Rights Exhausted) Asylum Seeker	A person who has made an unsuccessful claim for asylum which has been finally determined by the Home Office and/or courts, has no further right to appeal, and has not been granted any other form of leave to remain. (The UK Government uses the term ‘failed asylum seeker’ in legislation and guidance).	Will be treated as unlawfully present and may be issued with a removal decision and reporting instructions. Will not be able to work, has no recourse to public funds and may be subject to sanctions on certain services.

There are many stages to an asylum claim and it is important to be aware that – due to delays in Home Office decision making as well as the exercise of appeal rights – a person may be an asylum seeker in the UK for many years before finally being granted some form of protection status. The Home Office provides data on the average grant rates of asylum claims. It is important to be aware that a person’s immigration status may change. For example, a person seeking asylum, who has been refused and exhausted their rights to appeal, could make further submissions to the Home Office raising new asylum grounds that are accepted as a fresh claim, and become an ‘asylum seeker’ again. If their claim is successful, they would be granted Leave to Remain in the UK. More terms are set out in the glossary and for more information, see:

• 6.4 Establishing Immigration Status
• 13.2 How to Find a Legal Aid Lawyer or IAA Adviser
• 15 EEA Nationals and Family Members
• 16 Asylum Seekers

How immigration status affects access to services The eligibility rules for many publicly funded services often contain requirements that are dependent on a person’s nationality or immigration status. However, the term ‘public funds’ in an immigration context is very specific and only includes some benefits, homelessness assistance and a local authority allocation of social housing. Local authority staff therefore need to be aware of the following:

• • When a person subject to immigration control has a type of immigration status that allows access, or ‘recourse’ to public funds, they will be eligible for mainstream benefits, homelessness assistance and a local authority allocation of social housing.
  • When a person subject to immigration control has a type of immigration status that does not permit recourse to public funds – ‘No Recourse to Public Funds’ (NRPF) – then generally they will not be able to access mainstream benefits, homelessness assistance and a local authority allocation of social housing.

If a person with NRPF claims one of these benefits by mistake, then this may cause them to breach a condition attached to their leave.

• Even if a person has recourse to public funds, their immigration status may still be a relevant factor in establishing whether or not they will be eligible for some publicly funded services other than social security benefits, homelessness assistance and a local authority allocation of social housing.
• It is important not to make assumptions about a person’s immigration status and what services they will be entitled to; the UK’s immigration laws are complex and a person’s immigration status can change over time.
• Local authority staff will need to understand common types of immigration status and the implications this has on a person’s ability to access services and support. They will also need to understand how to ask the right questions to identify a person’s immigration status, and when it may be appropriate to obtain this information from other organisations, for example, the person’s legal adviser or the Home Office.

For more information, see: 2.3 Who has recourse to public funds 2.4 Who has NRPF 3    Public funds for immigration purposes 4    Eligibility for other publicly funded services 6.4 Establishing immigration status 15 EEA nationals and family members ________________________