Discretionary Leave to Remain
DISCRETIONARY LEAVE TO REMAIN UNDER ARTICLE 8 ECHR
A person can apply for Discretionary Leave to Remain on the basis of Article 8 of the European Convention on Human Rights (ECHR) 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 Discretionary Leave to Remain is a leave granted by the Secretary of State outside the Immigration Rules and any exceptional and compassionate circumstances in the case are always a relevant consideration when it is decided whether or not discretion should be exercised to grant Discretionary Leave to Remain.
Discretionary Leave Following Refusal of An Asylum Claim
If you have claimed asylum in the UK and the Home Office do not recognise you as a refugee or a person who qualifies for humanitarian protection, the Home Office UKBA may give you another type of temporary permission to stay in the UK. This permission is called 'discretionary leave to remain'. How long you are allowed to stay will depend on your circumstances, but it is unlikely to be more than three years initially.
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.
When Can A Person with Discretional Leave Apply For Indefinite Leave to Remain (ILR)
You will not be able to apply for Indefinite Leave to Remain (ILR) until you have lived in the UK for at least six years under the Discretionary Leave to Remain.
If your FLR application for initial discretionary leave to remain is refused by the Home Office, you may or may not get a right to appeal to the First Tier Tribunal of the Immigration and Asylum Chambers.
You may get right of appeal against the refusal of your application for discretionary leave only if an enforcement decision is made by the Home Office giving directions for your removal from the UK on the grounds that your removal from the UK will be breach of the UK's obligations under the European Convention On Human Rights (ECHR) unless the Home Office certified your human rights claim as manifestly unfounded.
You will get right to appeal against the refusal of your application for extension of your discretionary leave as long as you made the application for extension of your discretionary leave before the expiry of your leave.
What we can do for you
If instructed to represent you regarding your application for Discretionary Leave to Remain, we will do the following for you:
-Take detailed Instructions from you and advise you about the relevant immigration law and procedure to be adopted by the Home Office, UKBA in your case;
- Discuss your immigration case in detail with you and advise you about the weaknesses and strengths of your immigration case;
- Advise you about the documentary evidence to be submitted in support of your application for Discretionary Leave to Remain;
- Consider contents of the documentary evidence to be submitted in support of the application and discuss the same with you;
- Complete the relevant immigration form and discuss the same with you;
- Prepare a covering letter to introduce and support the application;
- Liaise with the Home Office, UKBA for an expeditious decision on the application;
- Protect your interests while your application is pending with the Home Office and keep you informed of the progress on the matter;
- Follow up work until decision is reached on your application;
- Advise you about the implications of the Home Office decision on your application for Discretionary Leave to Remain.
Our Fee for Discretionary Leave Application
We will charge you a fee from £1,200 for our professional immigration services in relation to your application for Discretionary Leave to Remain on the basis of Article 8 of the European Convention on Human Rights (ECHR). The agreed fee will depend on the complexity of the matter and the casework involved in the matter.
If you cannot afford to pay our fee in full at the time of instructing us in relation to your matter, you can pay half of the fee at the time of instructing us and rest of the fee can be paid by monthly instalment.
The agreed fee will cover all our work until decision by the Home Office on the application. However, it is pertinent to note that the agreed fee will not cover any disbursements to be incurred by the company on your behalf e.g. translation of documents, Home Office fee etc.