Leave to Enter UK: Employer Compliance Guide

‘Leave to Enter’ is a critical concept in UK immigration law, referring to permission granted to an individual to enter the UK. For employers, understanding what Leave to Enter means and how it affects right to work compliance is essential to lawful recruitment and workforce management.

Given the Home Office’s focus on employer compliance, failure to verify an individual’s right to work correctly—especially where temporary permissions like Leave to Enter are concerned—can result in civil penalties, sponsor licence breaches, and significant reputational risk.

This guide explains the meaning of Leave to Enter, the differences between Leave to Enter and Leave to Remain, and the implications for UK employers when conducting right to work checks and managing sponsored employees.

 

Section A: Legal Definition of Leave to Enter

 

Leave to Enter is a formal permission granted by the UK Border Force or automated eGates at the point of entry into the UK. It permits a non-British national to enter the UK for a specified purpose and duration, subject to certain conditions. Leave to Enter is defined under paragraph 2 of the UK Immigration Rules as permission given by an Immigration Officer or via electronic system to enter the UK subject to certain conditions.

There are two main types of Leave to Enter:

• Visitor Leave to Enter – typically for short stays such as tourism or business visits.
• Entry Clearance Leave to Enter – for visa nationals who have obtained a visa before travelling to the UK.

 

Leave to Enter can be granted with a physical stamp in the passport, a written endorsement (such as a vignette visa sticker), or digitally recorded through electronic immigration systems for those eligible to use eGates. Non-visa nationals may be granted Leave to Enter upon arrival for certain routes, such as Standard Visitor visas, without the need for prior Entry Clearance.

 

1. Difference Between Leave to Enter and Leave to Remain

 

While Leave to Enter is permission to enter the UK, Leave to Remain refers to permission to stay in the UK after entry, typically granted by the Home Office within the UK. Entry Clearance (Leave to Enter) is often followed by an application for Leave to Remain for those wishing to extend their stay, switch visa categories, or settle permanently.

Leave to Remain can be granted as limited leave for a temporary period or as Indefinite Leave to Remain (ILR) for permanent settlement. For example, a Skilled Worker visa holder will first be granted Entry Clearance Leave to Enter, valid for 30 days, to enter the UK. They must then collect their Biometric Residence Permit (BRP) to receive Leave to Remain for the full duration of their sponsored employment.

 

2. Visa Categories Where Leave to Enter Applies

 

Leave to Enter is relevant across multiple visa routes, including:

• Skilled Worker Visa
• Global Business Mobility Routes
• Temporary Worker Visas
• Student Visas
• Visit Visas

 

For employers, it is crucial to understand that Leave to Enter alone may only provide a short-term permission to enter and stay, and may not automatically grant the right to work.

 

3. Relevant Immigration Rules and Home Office Guidance

 

The legal framework for Leave to Enter is set out in the Immigration Act 1971, alongside the Immigration Rules Part 1 and the relevant Appendices for each visa route. Additionally, employers must follow Home Office Right to Work Check guidance, which specifies how Leave to Enter should be verified as part of pre-employment compliance.

The introduction of electronic visas (eVisas) and the phased removal of BRPs by 2025 are changing how Leave to Enter is granted and recorded, making it essential for employers to stay updated with Home Office digital status verification processes.

 

Summary for Section A – Legal definition essentials for employers

 

Employers must understand that Leave to Enter is an entry permission that may not automatically confer the right to work. Thorough knowledge of how Leave to Enter differs from Leave to Remain, and which visa categories it applies to, is essential for correct right to work compliance. Employers should also ensure HR teams are up-to-date with the evolving Home Office guidance on digital status verification, referencing the statutory definition under paragraph 2 of the Immigration Rules.

 

Section B: Leave to Enter & Employer Right to Work Checks

 

For UK employers, verifying an individual’s right to work is a legal requirement before employment commences. Where an individual holds Leave to Enter, understanding whether this status permits lawful employment, and how to verify it correctly, is critical to compliance.

 

1. When is Leave to Enter a Valid Permission for Employment?

 

Leave to Enter can confer the right to work, but this depends entirely on the type of visa under which Leave to Enter was granted. For example:

• Skilled Worker visa holders are permitted to work in their sponsored role upon entry.
• Student visa holders may be subject to restricted working hours.
• Visitors are generally prohibited from working, except for certain permitted activities.

 

Employers must carefully assess whether the individual’s Leave to Enter includes work permissions by reviewing the visa type, conditions, and any restrictions stated in the visa vignette or digital status.

 

2. Verifying Leave to Enter Through Documents and Share Codes

 

Employers conducting right to work checks for individuals with Leave to Enter must follow the prescribed Home Office procedures:

• For physical documents, such as vignette stickers in passports, the employer must take copies and retain them.
• For digital statuses (eVisas), the employer must use the Home Office online right to work check service, requiring the individual to provide a share code.

 

The online check will display the individual’s immigration status, including whether they have the right to work, and any conditions attached. Employers must retain a copy of the Right to Work Check ‘Profile Page’ as evidence of having established a statutory excuse against illegal working penalties.

 

3. Temporary Permissions: Entry Clearance Stamps and Digital Statuses

 

Some individuals may enter the UK with a 30-day vignette in their passport, serving as temporary Leave to Enter before collecting their BRP. This is common for Skilled Worker visa holders. During this period:

• The individual is lawfully in the UK and may commence employment if their visa conditions permit.
• Employers must conduct a right to work check using the vignette and follow-up within 10 days of BRP collection.
• Once the BRP is issued, a new right to work check should be completed using the BRP or share code.

 

Since April 2022, where the online check confirms an individual has a continuous right to work, follow-up checks are no longer necessary, except where the individual holds time-limited permission, such as a vignette awaiting BRP collection. With the phasing out of BRPs by 2025, eVisas will replace physical documentation, requiring employers to rely entirely on digital checks.

 

4. Common Errors in Right to Work Checks Involving Leave to Enter

 

Typical mistakes employers make include:

• Assuming all forms of Leave to Enter automatically confer the right to work.
• Failing to conduct follow-up checks when Leave to Enter is time-limited (e.g., vignette periods).
• Not using the Home Office online service for digital statuses.
• Relying solely on physical stamps or endorsements without verifying visa conditions.

 

Such errors can expose employers to civil penalties of up to £20,000 per illegal worker and sponsor licence breaches.

 

Summary for Section B – Compliance actions for HR and recruitment

 

Employers must ensure robust right to work checking procedures are in place for individuals with Leave to Enter. This includes verifying work permissions based on visa conditions, using the Home Office online service for digital statuses, and ensuring follow-up checks are conducted where temporary permissions are involved. HR teams should be trained to spot common errors, retain statutory excuse evidence, and maintain accurate records to demonstrate compliance during Home Office audits.

 

 

Section C: Sponsorship Duties & Leave to Enter

 

For licensed sponsors, employing individuals who hold Leave to Enter requires careful management to ensure compliance with sponsorship duties. The Home Office expects sponsors to maintain accurate records, monitor employee statuses, and ensure work commences only when the individual has valid permission to work in the UK.

 

1. Sponsoring Workers with Leave to Enter: Key Risks for Sponsors

 

When sponsoring a migrant worker, the employer must ensure that the individual has Leave to Enter under a valid work route, such as the Skilled Worker visa. Risks arise when:

• The individual enters the UK but does not collect their BRP within the specified timeframe.
• The worker delays their UK entry beyond the start date on their Certificate of Sponsorship (CoS).
• Work is commenced without verifying that Leave to Enter permits the specific job role.

 

Failure to manage these risks may result in a breach of sponsorship duties, leading to compliance action from the Home Office, including licence suspension or revocation.

 

2. Timing of CoS Issuance vs. Actual Entry Clearance

 

Sponsors must align the Certificate of Sponsorship (CoS) start date with the worker’s intended date of entry. If there are delays in visa processing or travel plans, sponsors should update the CoS accordingly or notify the Home Office through the Sponsor Management System (SMS) to avoid compliance issues.

It is critical that the individual enters the UK and starts work within the timeframe specified on their CoS, as discrepancies can trigger scrutiny during a Home Office audit.

 

3. Monitoring Start Dates and Delayed Arrivals

 

Sponsors are required to report on an employee’s work start date. If a sponsored worker’s arrival is delayed:

• The employer must adjust onboarding plans to ensure the individual does not start work until lawful permission is confirmed.
• The Home Office must be notified of any significant delays or changes via the SMS.

 

A failure to report delayed arrivals or inaccurate start dates can be considered a breach of sponsor duties, with potential enforcement action affecting the sponsor licence.

 

4. Record-Keeping Requirements for Employees with Leave to Enter

 

Employers must retain evidence of:

• The individual’s entry into the UK (e.g., boarding passes, passport stamps if applicable).
• Right to work checks conducted using the vignette, BRP, or share code.
• Notifications made to the Home Office regarding delayed arrivals or changes.

 

Additionally, sponsors must maintain records of the migrant’s passport, visa/entry clearance vignette, BRP (if applicable), right to work check evidence (including profile pages from online checks), and documentation confirming lawful entry. These records must be kept in accordance with the Home Office sponsor record-keeping duties and be readily available during a compliance visit.

 

Summary for Section C – Sponsorship compliance essentials for employers

 

Employers must actively manage the sponsorship process where Leave to Enter is involved, ensuring accurate start dates, lawful commencement of work, and full compliance with reporting and record-keeping obligations. Sponsors should have clear internal processes to monitor arrivals, conduct timely right to work checks, and maintain up-to-date documentation to protect their sponsor licence status.

 

 

Section D: Common Employer Scenarios & Best Practices

 

Employers often encounter practical challenges when managing new hires or existing employees with Leave to Enter. Understanding these scenarios and implementing best practices ensures compliance with immigration law while supporting smooth onboarding processes.

 

1. New Hires with Leave to Enter but No BRP Yet

 

It is common for sponsored workers to arrive in the UK with only a 30-day vignette sticker as Leave to Enter, pending collection of their Biometric Residence Permit (BRP). In these cases:

• Employers can conduct a right to work check using the vignette and start employment if visa conditions allow.
• A follow-up check must be completed within 10 days of the individual collecting their BRP.
• Employers should diarise key dates and obtain evidence of BRP collection to remain compliant.

 

2. Remote Right to Work Checks for Arrivals with Leave to Enter

 

For remote onboarding scenarios, such as where an employee is working from home upon arrival:

• Employers must still complete a compliant right to work check before work commences.
• Digital statuses (eVisas) must be verified via the Home Office’s online service using a share code.
• For vignette holders, employers should arrange a virtual check using live video and request scanned copies of documents, followed by a physical check when feasible.

 

Failure to verify Leave to Enter digitally or physically prior to employment commencement can result in non-compliance and loss of statutory excuse.

 

3. Transition from Leave to Enter to Leave to Remain – HR Considerations

 

Employees granted Leave to Enter may later apply for Leave to Remain to extend their stay or settle in the UK. Employers must:

• Ensure right to work checks are updated once the individual’s Leave to Remain is granted.
• Monitor visa expiry dates and ensure timely applications are made.
• Support employees through the documentation process to avoid work disruptions.

 

An employee’s right to work status can change during this transition, making proactive tracking essential to avoid illegal working penalties.

 

4. Updating Internal HR Policies for Leave to Enter Scenarios

 

To ensure consistent compliance, employers should:

• Update right to work check procedures to address Leave to Enter scenarios and digital verification processes.
• Train HR staff on the differences between Leave to Enter and Leave to Remain and how to verify both statuses.
• Establish workflows for monitoring temporary permissions, diarising BRP collections, and conducting follow-up checks where applicable.
• Implement a compliance checklist to ensure SMS reports are submitted for delayed CoS activations or start dates.
• Provide immigration compliance training to line managers involved in onboarding.

 

By embedding these practices into HR policies, employers reduce the risk of non-compliance and streamline onboarding processes.

 

Summary for Section D – Avoiding compliance risks through proactive HR management

 

Employers must recognise the operational risks associated with Leave to Enter and implement robust HR procedures to mitigate these. From conducting initial right to work checks to monitoring visa transitions and maintaining accurate records, proactive management ensures compliance and supports a smooth employee onboarding experience. Regular training and policy updates are essential to keep pace with evolving Home Office guidance, particularly in the transition towards digital immigration statuses.

 

 

FAQs

 

1. What is the difference between Leave to Enter and Leave to Remain?

 

Leave to Enter is permission granted to a non-British national to enter the UK, while Leave to Remain is permission to stay in the UK after entry. Leave to Enter is usually granted at the border or through a visa vignette, whereas Leave to Remain is applied for and granted within the UK. Leave to Remain can be granted as limited leave (temporary) or Indefinite Leave to Remain (ILR) for permanent settlement.

 

2. Can an employee start work with Leave to Enter?

 

An individual may commence employment if their Leave to Enter confers work permissions under the relevant visa route, such as the Skilled Worker visa. Employers must verify this by conducting a compliant right to work check and confirming the specific work conditions attached to their Leave to Enter status.

 

3. How do employers verify Leave to Enter digitally?

 

Employers can verify Leave to Enter through the Home Office online right to work check service using a share code provided by the individual. This is mandatory for statuses granted digitally (eVisa) and for non-UK nationals without physical documents. Employers must retain a copy of the online profile page as evidence of compliance.

 

4. What if an employee’s Leave to Enter expires soon after joining?

 

Employers must ensure a follow-up right to work check is conducted if the initial Leave to Enter is time-limited, such as a 30-day vignette. The employee must collect their Biometric Residence Permit (BRP) or transition to Leave to Remain to continue lawful employment. If the online check confirms continuous permission, no further checks are required.

 

5. Can an individual with Leave to Enter as a Visitor work in the UK?

 

No. Visitors are not permitted to undertake paid or unpaid work in the UK, except for specified permitted activities outlined in the Immigration Rules Appendix V. Employers must ensure visitors are not engaged in any work beyond these permitted activities.

 

Conclusion

 

Employers play a critical role in ensuring compliance with UK immigration law when hiring individuals who hold Leave to Enter. Understanding what Leave to Enter means, how it differs from Leave to Remain, and how it affects right to work checks is essential for mitigating legal and financial risks.

Incorrect assumptions or failures to verify an employee’s immigration status accurately can lead to civil penalties, sponsor licence breaches, and reputational damage. It is essential for HR teams to maintain up-to-date knowledge of Home Office requirements, particularly regarding digital status verification and statutory excuse documentation.

Proactive management of immigration compliance—through robust HR policies, training, and effective record-keeping—ensures that employers remain compliant, avoid enforcement action, and support a positive onboarding experience for employees.

 

Glossary

 

Term	Definition
Leave to Enter	Permission granted to a non-British national to enter the UK for a specified purpose and duration, subject to certain conditions.
Leave to Remain	Permission granted within the UK to remain for a specific period, often following Leave to Enter, as limited leave or Indefinite Leave to Remain (ILR).
Entry Clearance	Permission granted before arrival to the UK, typically through a visa application process at a British diplomatic post overseas.
Biometric Residence Permit (BRP)	A physical card confirming an individual’s immigration status and right to work in the UK, being phased out by 2025.
Right to Work Check	The mandatory process employers must follow to verify an individual’s lawful permission to work in the UK, including digital verification using share codes.

 

Useful Links

 

Resource	Link
Home Office Right to Work Guidance	Right to Work Guidance
GOV.UK: Leave to Enter vs Leave to Remain	UK Border Control Overview
Sponsor Licence Duties Overview	Sponsor Licence Duties