Section 2: Leave to remain
33.Section 2 introduces a new section 3B into the 1971 Act. It is designed to allow greater flexibility in the way in which foreign nationals (ie non-British and non- EU/EEA nationals) are given or refused leave to remain.
34.Subsection (1) gives the Secretary of State the power by order to make further provision with respect to the grant or refusal or varying of leave to remain. The power is designed to enable the use in future of new technology to grant, refuse or vary such leave.
35.There are a variety of categories in the Immigration Rules under which people can apply for leave to remain. Where someone has been granted leave as, for example, a visitor and then applies to stay as a student, the length of their leave and the conditions attached to it would have to be changed to enable the individual to stay here as a student. That is, their leave would have to be varied.
36.Under subsection (2), the order may specify the form or manner in which leave to remain may be granted, refused or varied. Paragraph (b) allows the Secretary of State to deem conditions to be attached to leave to remain which has been granted in a particular way under the order. For example, a requirement to report to the police or not to take employment may be imposed.
37.Under the current system, any leave that has been granted to an individual lapses if he leaves the CTA (see paragraph 21 above and section 3(4) of the 1971 Act). Subsection (2)(c) (with subsection (3)) will allow the order to provide that the individual may leave the United Kingdom and then re-enter the United Kingdom, using his continuing permission to stay (for the duration of its validity), without having to obtain a new visa or fresh leave to enter from the immigration officer.
