After your posting ends – UK immigration options for former diplomats

UK diplomatic route series

After your posting ends – UK immigration options for former diplomats

What happens when a diplomatic posting ends? Learn about grace periods, loss of exemption, and routes to remain in the UK.

The Diplomatic Privileges Act 1964 gives effect in the UK to the 1961 Vienna Convention on Diplomatic Relations, which sets out the immunities granted to diplomatic staff. These immunities mean that diplomats posted on missions in the UK are exempt from immigration control throughout the duration of their posting.

The grace period and loss of exemption

Following the end of the diplomatic posting, diplomats have a 31-day grace period during which they still benefit from their diplomatic privileges and immunities, meaning they are exempt from immigration control. The purpose of this grace period is to facilitate a smooth exit transition for diplomats, providing an opportunity to get their affairs in order without threat of legal action.

Once the 31-day period has expired, these individuals lose their diplomatic privileges. This means that they may now face prosecution for criminal and civil offences and are no longer exempt from UK immigration control. The individual must either leave the UK or apply for permission to stay via a visa route.

How to stay in the UK

Once the grace period is concluded, those who are still in the UK will be automatically granted a 90-day ‘Deemed Leave’. During this period, diplomats are no longer free from immigration control, however, they are permitted to remain in the UK without restrictions (such as being prohibited from working).

Those hoping to stay in the UK should ensure that they do not leave the Common Travel Area (CTA) whilst relying on their Deemed Leave, as exiting the CTA will automatically cancel their permission.

The Deemed Leave period should be used by those who hope to stay in the UK to apply for permission to stay in the country via another visa category.

The visa options available to diplomats during their Deemed Leave are:

• Spouse or Partner visa
• Skilled Worker visa
• Student visa
• Innovator Founder visa
• Global Talent visa

Applicants who wish to apply for the above routes must ensure that they meet the requirements of the specific visa. The Spouse or Partner visa, as well as the Skilled Worker visa, are all routes that lead to settlement in the UK after 5 years. The Innovator Founder and Global Talent visas may lead to settlement after as little as 3 years. Diplomats should note that the time spent in the UK whilst on their post does not contribute to the qualifying periods of the above visas.

If the applicant leaves the UK and submits an out-of-country application, their continuous residence for the above routes is considered broken.

Applicants may apply for the above visa routes from within the UK once their grace period ends and they become subject to immigration control whilst on Deemed Leave. This means that they maintain their continuous residence within the UK, which they can later use as part of an application for Indefinite Leave to Remain via the 10-year Long Residence route.

Indefinite Leave to Remain via the 10-year Long Residence route

Individuals looking to settle in the UK may consider the 10-year Long Residence route. This is a route that requires 10 years of continuous residence in the UK, and unlike other routes to ILR, it takes into consideration the time spent in the country under various visa categories which do not necessarily lead to settlement on their own. This is a particularly useful route to ILR for diplomats, as time spent whilst exempt from immigration control also counts towards the qualifying period.

Read more from the diplomatic route series:

• What is the UK diplomatic route and who qualifies for entry?
• Dependants of diplomats in the UK – rights and immigration options
• Diplomatic immunity in the UK – myths, realities and immigration boundaries

How Gherson can assist

This blog provides general information on options for diplomats reaching the end of their post in the UK. Individual circumstances vary, and you should seek specific advice before taking action.

Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on X, Facebook, Instagram, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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