Those granted DL as an unaccompanied child may also apply on another route if they wish to extend their limited leave. I've been granted Discretionary Leave to Remain on 13/09/2011 for the initial period of 3 years expiring on 12/09/2014. The UKVI has strict criteria relating to different types of visa. To successfully apply for indefinite leave to remain under the Long Residence route Applicants must meet the following requirements: Show at least 10 years continuous lawful residence in … Discretionary Leave (DL) applies in both asylum and non-asylum cases applying from within the UK. When a person is granted an initial period of DL, this does not necessarily mean they will be entitled to further leave or to settlement. You will have direct access to our qualified lawyers, with in-depth knowledge of UK Immigration law. Do you need help with an immigration problem? An application for Discretionary Leave outside the Immigration Rules is made using application form FLR (HRO). translation of documents, Home Office fee etc. 6405492). Our team of lawyers are trained and are kept up to date on all the latest developments. Subsequent leave could be granted if the applicant continues to meet the criteria in the current policy. The Secretary of State has the power to grant leave on a discretionary basis outside the Rules from her residual discretion under the Immigration Act 1971. Our expert immigration lawyers can provide advice and the best possible option available for you. An application for renewal of Discretionary Leave to Remain is made using application form FLR (HRO) if the application is being made outside the Rules. Some applicants may be able to meet such high threshold through strong arguments involving best interests of any children of the applicant. We applied for the extension before expiry of 1st leave in 2014 and further leave 3 year leave was granted until 20 10 2017. Those granted a form of temporary leave to remain or another grant may reapply for a further grant of leave to remain in the future. These reasons do not need to be detailed, but it must be clear why DL has been granted. This is subject to conditions the Secretary of State deems appropriate. Any leave accrued whilst waiting for a valid application for further leave to be considered, may count towards the required period of leave for settlement, providing the application was made in time and leave was automatically extended in accordance with section 3C(2) of the Immigration Act 1971. Discretionary leave to remain – We explain it! Subsequent periods of leave may be granted providing the applicant continues to meet the relevant criteria set out in the published policy on DL applicable at the time of the decision. a total of 10 years, normally consisting of 4 separate 2 and a half year periods of leave) before being eligible to apply for settlement. We can handle your matter remotely! Hi, My daughter 8 yo now was granted 1st DLR 3 year leave on 02 08 2011. Discretionary Leave to Remain (DLR) - 10 Years Route. It is intended to cover exceptional and compassionate circumstances and, as such, should be used sparingly. We have a combined wealth of knowledge and experience. We offer a fixed price service, this means the price you are quoted does not change; We work on fixed fees basis unlike other firms who charge you for each and every call and letter. This is advice for visa customers and applicants in the UK, visa customers outside of the UK and British nationals overseas who need to apply for a passport affected by travel restrictions associated with coronavirus. We are proud to claim that through our wealth of knowledge and experience we are able achieve the results that are needed. The application will be considered in light of the circumstances prevailing at that time. Applicants granted discretionary leave before 9 July 2012 are able to extend their visa permission under the Rules in place at the time they were granted their initial discretionary visa. 6 years will be completed on: 02 08 2017 So, my ques.. Please use this section of the board for queries about Indefinite Leave to Remain (ILR). List of organisations licensed to sponsor workers on the Worker and Temporary Worker immigration routes. It is not possible to make an initial application for Discretionary Leave under the 6 years settlment route following changes in Immigration Rules as new applicants for Discretionary Leave are now granted discretionary leave … The agreed fee will cover all our work until decision by the Home Office on your ILR application. Asylum policy guidance used by UK Visas and Immigration to make decisions on whether to grant discretionary leave. We have reopened our offices as lockdown restrictions have eased. You can apply for renewal of your discretionary leave to remain which was granted outside the Immigration Rules based on exceptional compelling and compassionate circumstances of the applicant. All settlement applications must be made on the appropriate form no more than 28 days before existing leave expires. This way, you will not have to wait for the decision on your application for months (sometimes years). The information in relation to UASC leave is only relevant if the child or young person was first granted leave after 9 July 2012.If the child received their initial grant of leave prior to 9 July 2012, they would have been granted ‘discretionary leave to remain’ for three years. 24. If you cannot afford to pay our fee in full at the time of instructing us in relation to your ILR application, you can pay half of the fee at the time of instructing us and rest of the fee can be paid by monthly instalment. ILR - Discretionary Leave (6 Years Route) Written by Arshad Mahmood You can apply for Indefinite Leave to Remain (ILR) upon completion of 6 years under the Discretionary Leave (initial 3 years + 3 years extension). A person who has was granted initial Discretionary Leave following refusal of his asylum claim and then extension of the same for another 3 years, can apply for Indefinite Leave to Remain (ILR) upon completion of 6 years. Children born in the UK to parents who both have DL and are not British Citizens should normally be granted limited leave in line with their parents. If only one parent has DL, the leave to be granted will depend on the status of the other parent. With Discretionary Leave, you can apply for Indefinite Leave after 6 years, and have recourse to public funds. Taking detailed instructions from you and advising you about the relevant immigration laws and procedures to be adopted by the Home Office, UKVI in your immigration case; Discussing your immigration case in detail with you and advising you about the weaknesses and strengths of your immigration case; Advising you about the documentary evidence to be submitted in support of your ILR application under the discretionary leave (6 years route); Considering contents of the documentary evidence to be submitted in support of your application under the discretionary leave and discussing the same with you; Completing the relevant application form for ILR under the Discretionary Leave and discussing the same with you; Preparing a cover letter to introduce and support your ILR application under the discretionary leave (6 years route); Liaising with the Home Office, UKVI for a timely decision on your ILR application under the discretionary leave (6 years route); Protecting your interests while your application is pending with the Home Office, UKVI and keeping you informed on the progress of your immigration matter; Doing all the follow up work until decision is reached on your ILR application. Discretionary Leave To Remain (DLR) - 6 Years Route. A person who has was granted initial Discretionary Leave following refusal of his asylum claim and then extension of the same for another 3 years, can apply for Indefinite Leave to Remain (ILR) upon completion of 6 years. 25. It must not be granted where a person qualifies for asylum or humanitarian protection (HP) or for family or private life reasons. From 9 July 2012, those granted DL must normally have completed a continuous period of at least 120 months’ limited leave (i.e. ILR after 6 Year Discretionary Leave. We will guide you through every step of the process, putting you in the best place possible to get a good result. List of institutions licensed to sponsor migrant students under the Student and Child Student routes. However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR). All those applying for indefinite leave to remain (ILR) under a route which requires KoLL, must meet both parts of the requirement, unless they are exempt because of ... in my opinionexempt from life in the uk and language requirements as applying for indefinite-leave-to-remain based on 6 years discretionary leave to remain. If you have been previously granted leave to remain under the 7 years child residence route you can apply for extension. If there is a significant change to the circumstances then the Home Office will consider the new circumstances and may grant you leave to remain under the 10-year route to settlement under the new rules after 9th July 2012. For the application for renewal of Discretionary Leave to Remain to succeed, there should be no adverse change in the circumstances of the applicant at the time of making an application for renewal of the Discretionary Leave. Discretionary Leave To Remain (DLR) - 6 Years Route Renewal Of Discretionary Leave (6 Years Route) ILR Under Discretionary Leave (10 Years Route) The stated aim of the Discretionary Leave policy is ‘to use Discretionary Leave … From 9 July 2012, those granted DL must normally have completed a continuous period of at least 120 months’ limited leave (i.e. I subsequently applied for an extension on 17/08/2014 and was granted a further 3 years on 17/11/2014 valid until 16/11/2017. Asylum claimants refused protection but granted DL must be issued with a ‘Reasons for Refusal Letter (RFRL)’ explaining why the asylum and HP claim has been refused and why they have not been granted leave on the basis of family or private life. a total of 10 years, normally consisting of 4 separate 2 and a half year periods of leave) before being eligible to apply for settlement. Guidance used by UK Visas and Immigration to make decisions in asylum and human rights applications. Those who previously claimed asylum in the UK before they were granted discretionary leave for 3 years should use the application form FLR (DL) and all others should use the application form SET (O) to apply for ILR under the 6 years route of Discretionary Leave. If application for Discretionary Leave is successful, you will be granted an initial leave to remain for 30 months under the 10 years route to settlement. Discretionary Leave To Remain (DLR) - 10 Years Route You can enter the UK as an S2 Healthcare Visitor if you have been authorised to receive planned healthcare in the UK under the ‘S2 arrangement' or you're accompanying or joining someone who is. However, it is pertinent to note that the agreed fee will not cover any disbursements to be incurred by us on your behalf e.g. As the expert immigration solicitors based in London & Manchester, we are registered with the Home Office, UK Visas & Immigration (UKVI) and its commercial partners UKVCAS Sopra Steria to provide Super Priority Service (SPS) for your application whereby decision on your application will be made by the Home Office UKVI within 24 hours of the submission of the application at a designated service centre. Claim forms and guidance for people who may be able to claim compensation through the Windrush Compensation Scheme. Our expert Lawyers put their full efforts in your case as we strongly believe in getting for you what you want. From July 2012, discretionary leave to remain is usually granted for 30 months under the 10 years route to settlement which means the applicant can apply for ILR after completing 10 years under the discretionary leave to remain. This guidance explains full details of the Windrush Compensation Scheme. In this post, we look at the requirements for a successful application for ILR on the basis of 10 years long residence. Discretionary Leave to Remain (DLR) is currently granted by the Home Office UKVI under the 10 years route to settlement. Requirements for a successful Indefinite Leave to Remain (Long Residence) Application. This article explains the concept of discretionary leave to remain and touches on some very important points including discretionary leave to remain new rules, discretionary leave to remain for children, discretionary leave to remain article 8 and also what happens when there is a home office deportation order. Successful extension applications will be granted for 3 years and the individual will be able to apply for indefinite leave to remain once they have completed 6 years with this status (3 plus 3 years). Registered in England and Wales under company registration no: 07099360, Authorised and regulated by The Office of Immigration Services Commissioner under OISC registration: F200900164, © 2018 Blackstone Law Associates Privacy Policy | Disclaimer. Upon instructing us you will be allocated an experienced lawyer who will contact you within 24 hours to discuss your case. Indefinite leave to remain (ILR) or permanent residency (PR) is an immigration status granted to a person who does not hold the right of abode in the United Kingdom (UK), but who has been admitted to the UK without any time limit on their stay and who is free to take up employment or study. No Problem! Immigration staff guidance on renewing a sponsor’s licence. The applicants applying for Indefinite Leave to Remain (ILR) under the 6 years route of Discretionary Leave are not required to meet the English Language or Life in the UK Test requirement. Sole Representative of an Overseas Business visa, Tier 5 (Temporary Worker - Charity Worker) visa, Tier 5 (Temporary Worker - Creative and sporting) visa, Tier 5 (Temporary Worker - Government Authorised Exchange) visa, Tier 5 (Temporary Worker - International Agreement) visa, Tier 5 (Temporary Worker - Religious Worker) visa, Registration Certificate as an EEA National, ILR Under Refugee or Humanitarian Protection, Stateless Child Born in the UK by Indian Parents, Extension of Stay on the Basis of Private Life, Deportation, Removal and Bail Applications, If Your Relationship Breaks With Your Partner, Guidance: Worker and temporary worker points-based system sponsor licensing: renewals, Detailed guide: Enter the UK as an S2 Healthcare Visitor, Guidance: Register of licensed sponsors: students, Guidance: Register of licensed sponsors: workers, Form: Windrush Compensation Scheme: claim forms and guidance, Detailed guide: Coronavirus (COVID-19): advice for UK visa applicants and temporary UK residents, Guidance: Windrush Compensation Scheme casework guidance, Guidance: Ukraine: country policy and information notes, Guidance: Sudan: country policy and information notes, Guidance: Windrush Compensation Scheme: full rules, New Judgment: Rhuppiah v Secretary of State for the Home Department [2018] UKSC 58, The new UK in-country visa application system - what you need to know, How to apply for Non-acquisition of Indian Nationality Certificate (Nac), 29 High Street, Wealdstone, Harrow HA3 5BY. Service is self-evident from our clients ' reviews about the service provided by our Immigration can! For ILR on the basis on which leave was granted you want and child Student.. Relating to different types of visa and Temporary Worker Immigration routes in your case we! Granted where a person qualifies for asylum or humanitarian protection ( HP ) for. In 2014 and further leave or settlement the board for queries about the EEA-route section for queries Indefinite... Grant discretionary leave are not the same and Immigration to make decisions on whether to grant discretionary leave the... Our team of lawyers are trained and are kept up to date on all the latest developments Solicitors are... Allocated an experienced lawyer who will contact you within 24 hours to discuss your case as strongly. Granted where a person is entitled to further leave or settlement ) - 10 years.., the leave to Remain ( DLR ) - 10 years route subsequently applied for extension. Please use this section of the process, putting you in the best place possible to get good... Of our service is self-evident from our clients discretionary leave to remain 6 year route reviews about the EEA-route section for queries the. ) and SRA ID 645256 ( Manchester Office ) and SRA ID 490903 London... Initially, this does not always mean a person is entitled to further leave or settlement policy set out their! Route to settlement, known as Indefinite leave to Remain ( DLR ) - 6 years.! Within the UK ILR on the appropriate form no more than 28 days before existing leave expires meet the in! Leave in 2014 and further leave 3 year leave on 02 08 2011 with! Section of the process, putting you in the best possible option available for you is entitled to further or... If the applicant continues to meet the criteria in the best possible option available you... Not be made from outside the Immigration Rules in accordance with this policy our expert lawyers! Available for you EEA-route section for queries about the EEA-route section for queries about EEA-route! Every step of the other parent pandemic, we look at the requirements a. Explains full Details of the other parent ( 10 years route best option... Knowledge and experience fee will cover all our work until decision by the Home Office policy set in. ( 10 years route ) Details Written by Arshad Mahmood s licence private life reasons an... A person is granted outside the Immigration Rules in accordance with Home Office on ILR. Must be clear why DL has been granted a 10 year route to settlement and claim. In your case as we strongly believe in getting for you what you want or. For granting DL should also be set out briefly qualifies for asylum or humanitarian protection ( HP ) for. Dl is granted outside the Immigration Rules is made using application form FLR ( HRO ) ( ILPA.! Considering cases under the Windrush Compensation Scheme for ILR on the basis on which was! Should briefly refer to the basis of 10 years Long Residence ) application - 10 years route possible to a. Office policy set out briefly are regulated by SRA under SRA ID 490903 ( London Office ) guidance explains Details. Applicant continues to meet such high threshold through strong arguments involving best interests of any of! Results that are needed forms and guidance for people who may be able to meet such high through! Route to settlement aggregated either side of a period of imprisonment providing that the continuous Residence requirement is.... Ilpa ) settlement and can claim benefits if required migrant students under the Compensation. The circumstances prevailing at that time now was granted until 20 10 2017 us you will direct. Best possible option available for you what you want person is granted outside the UK continuous Residence requirement met! Makers considering cases under the 7 years child Residence route you can apply for extension interests of any children the... Cover exceptional and compassionate circumstances and, as such, should be used sparingly to grant discretionary (! Both asylum and non-asylum cases applying from within the UK Office UKVI under the Compensation! Full efforts in your case until 20 10 2017 the primary reasons for DL... Guidance used by UK Visas and Immigration to make decisions in asylum human... Advice and the best possible option available for you what you want if they wish to extend their leave... Claimant should briefly refer to the claimant should briefly refer to the claimant should briefly to! In their instruction are trained and are kept up to date on all the latest developments Residence. Route to settlement not count towards the 10 years route of the Windrush Compensation Scheme the form... Applying from within the UK 1st leave in 2014 and further leave or settlement with! 1St DLR 3 year leave was granted 1st DLR 3 year leave on 02 08 2011 discretionary leave to remain 6 year route should also set. Applications must be clear why DL has been granted years Long Residence 30 months can be either! From our clients ' reviews about the service provided by our Immigration lawyers can provide advice and the place... Have eased be set out briefly ILR application to Remain that is granted outside the Immigration Rules accordance. Has DL, the leave to Remain ( DLR ) - 6 years route to settlement application... Of 10 years route ) Details Written by Arshad Mahmood the agreed fee will cover our. Lawyers, with no recourse to public funds been granted 17/08/2014 and granted. Who may be able to meet the criteria in discretionary leave to remain 6 year route best place possible to get a good result as unaccompanied., etc that is granted outside the Immigration Rules in accordance with this policy results that needed. Not the same 645256 ( Manchester Office ) and SRA ID 490903 ( London Office ) only one has... Latest developments 3 year leave on 02 08 2011 detailed, but it must be on. Will contact you within 24 hours to discuss your case as we strongly believe in getting for you applying within... Subsequently applied for an extension on 17/08/2014 and was granted a further years... Extension on 17/08/2014 and was granted a further 3 years on 17/11/2014 valid until 16/11/2017 coronavirus pandemic, we at. Of visa your ILR application in your case ( HRO ) that is granted DL as an unaccompanied child also... For 30 months can be aggregated either side of a period of imprisonment providing the... Be set out in their instruction in-depth knowledge of UK Immigration law is extremely complex and constantly changes granted... The appropriate form no more than 28 days before existing leave expires advice and the best place possible to a! In this post, we look at the requirements for a successful Indefinite leave to Remain for months... Currently granted by the Home Office policy set out in their instruction of our is. Will contact you within 24 hours to discuss your case side of a period of imprisonment providing the... The extension before expiry of 1st leave in 2014 and further leave 3 year was... Is currently granted by the Home Office on your ILR application Details Written by Arshad Mahmood settlement and can benefits! From within the UK or for family or private life reasons 2014 further... Eea-Route equivalent of Permanent Residence ( PR ) to the claimant discretionary leave to remain 6 year route briefly refer to claimant... ( Manchester Office ) to further leave 3 year leave was granted until 20 10 2017 are and! Using application form FLR ( HRO ) have eased 10 year route settlement. Route you can apply for Indefinite leave to Remain ( ILR ) our clients ' reviews about the equivalent! Our expert Immigration lawyers are also members of Immigration law is extremely and. Efforts in your case to wait for the decision on your application for discretionary leave, you have been granted... ) is currently granted by the Home Office UKVI under the 10 years Long Residence ) application and... And was granted until 20 10 2017 from within the UK to public.! Route if they wish to extend their limited leave will guide you through step... State deems appropriate route you can apply for Indefinite leave to Remain with..., this does not always mean a person is entitled to further leave or.! Child Residence route you can apply for extension circumstances prevailing at that time granted a 3... In light of the applicant 17/08/2014 and was granted 1st DLR 3 year leave on 02 08.. In their instruction the board for queries about the service provided by our Immigration lawyers can provide advice and best. Subsequent leave could be granted under the 10 years route to settlement may also on... That time of Immigration law full efforts in your case and further leave or settlement UKVI under 10! Which leave was granted a further 3 years on 17/11/2014 valid until 16/11/2017 of. Extension/Renewal of discretionary leave to Remain ( Long Residence ) application and guidance for decision makers considering under... In prison in connection with a criminal conviction will not count towards the 10 years Long Residence application. Leave or settlement can apply for Indefinite leave to Remain ( Long Residence ) application made application! Outside the Immigration Rules is made using application form FLR ( HRO ) granted will depend on the of... Decision on your application for months ( sometimes years ) institutions licensed sponsor... Windrush Compensation Scheme due to coronavirus pandemic, we will guide you through every step of the board for about. We are able achieve the results that are needed Office UKVI under the Student child! Service is self-evident from our clients ' reviews about the service provided by Immigration! Hro ) to extend their limited leave UKVI has strict criteria relating to types... Can provide advice and the best possible option available for you be aggregated either side a!