Rules and Eligibility for Discretionary Leave to Remain

When a person is granted leave to stay in the UK outside of regular immigration conditions and rules, it’s a discretionary leave. You must prove to the Home Office that you are eligible enough to apply for a discretionary leave. The only person who can approve such an application is the Secretary of State.

The Article 8 of the European Convention on Human Rights (ECHR) is the edict that we must turn to in order to understand how and who applies for an application to remain in the UK on a discretionary leave. The idea is that if the person/applicant is removed from the UK, the removal will be tantamount to an obligation breach.

From Where Can You Apply for a Discretionary Leave?

You must be physically present in the UK to apply for a discretionary leave to remain in the kingdom. Do remember that the application is not so easily granted, which is why you must think hard before applying.  We would strongly recommend seeking a professional’s advice before making the application because that will save your time and effort. A professional legal counsel can tell you if your reasons for an application will eventually be counted as “compassionate” and “exceptional” enough to have a chance with the Secretary of State.

Can You Apply for a Discretionary Leave to Remain in the UK?

The condition is that the applicant must be over 18 years of age. But that isn’t the only condition in this case—another condition is that the applicant must have lived in the UK for less than 20 years. You should also have no cultural, social, familial ties with your country of origin.

For eligible persons, the next step is to fill out the FLR (O) form. Please remember that this form covers only those circumstances for an extension in a stay in the UK that are not covered by regular immigration procedures or documents. Humanitarian grounds or threat to life are some of the circumstances that can qualify as exceptional.

How Long Will I Have if My Discretionary Leave is Granted?

You’ll have, initially, 30 months if your application goes through. You can get indefinite leave to stay back for 10 years in the UK. Previously, it was only 6 years.

Do remember that the grant or acceptance of a DL does not warranty any entitlement for further settlements or applications. Any subsequent applications will also be granted if they meet the criteria.

Get Legal Counsel

Reach out to the legal experts at Wembley Solicitors to find out if you’re eligible for a discretionary leave in the UK.