A person can apply for Discretionary Leave to Remain on the basis of Article 8 of the European Convention on Human Rights arguing that his/her removal from the UK will result in breach of the UK's obligation under Article 8 of the ECHR and that interference of the UK Authorities in a person's private and family life will be an unreasonable and disproportionate interference. The Secretary of State may also grant Discretionary Leave to those who do not qualify for Humanitarian Protection or leave under the Immigration Rules.

 

The Home Office will only give you discretionary leave to remain in limited circumstances. If you apply to renew it when it expires, the Home Office will review your circumstances before deciding whether to give you further permission to stay.

 

Discretionary Leave can be granted in the following circumstances:

 

•   The removal of the individual would breach Article 8 of the ECHR by breaching the right to a private and family life in the UK.

•   Removal would breach Article 3 of the ECHR because of a person’s medical condition or because of other severe humanitarian factors in the country of return such as the absence of food or shelter. Individuals who would qualify for Humanitarian Protection but for committing activities that have caused their exclusion.

•   A grant of DL should be considered where a UK Competent Authority has identified that person as a victim of trafficking within the meaning of Article 4 of the Council of Europe Convention on Action Against Trafficking in Human Beings and the individual’s personal circumstances

•   Individual circumstances, although not meeting the criteria of any of the other categories listed above, are so compelling that it is considered appropriate to grant some form of leave.

 

The duration of Discretionary Leave granted will be determined by a consideration of the individual facts of the case but leave should not normally be granted for more than 30 months (2.5 years) at a time. Subsequent periods of leave can be granted providing the applicant continues to meet the relevant criteria.

 

From 9 July 2012 an applicant normally needs to complete at least 120 months, (i.e. a total of 10 years normally consisting of four 2.5 year periods of leave), before being eligible to apply for settlement. Separate arrangements exist for cases granted 3 years DL prior to 9 July 2012.

Those granted with Discretionary Leave will have access to public funds and will be eligible to work.

Why Choose UK & EU ILS for your visa application:

 

Close proximity to the Home Office so we can take advantage of the same day visa services

High success rates in all our immigration cases

Fixed fees so no hidden costs

Quick and easy access to our specialists

More than 10 years experience

Multiple languages spoken

 

If you require assistance on your Discretionary Leave application, call us on 0208 7811 992 or email info@ukeuils.com