Discretionary Leave to Remain UK is a type of permission granted to individuals who do not qualify for standard immigration routes but have exceptional reasons to stay in the country. This visa is issued on a case-by-case basis, considering humanitarian or compelling personal circumstances. Understanding the eligibility criteria and application process is essential for a successful application.
This leave is granted to individuals who may not meet the strict requirements of other UK visas but have strong reasons to remain in the UK. Some common grounds include:
Human rights claims, such as Article 8 (right to family and private life).
Medical grounds if returning to the home country poses serious health risks.
Victims of trafficking or domestic abuse.
Other compassionate or exceptional circumstances.
Since discretionary leave to remain UK is granted at the Home Office’s discretion, each case is assessed individually based on merit and supporting evidence.
Applying for discretionary leave involves the following steps:
Submitting an Application: You must complete the appropriate form and provide supporting documents that justify your request.
Providing Evidence: This includes medical records, proof of residence, human rights considerations, or other relevant documentation.
Waiting for a Decision: Processing times vary, but applications can take several months due to the complexity of individual cases.
Appealing a Refusal: If your application is denied, you may have the right to appeal depending on your specific circumstances.
Initially, discretionary leave is usually granted for up to 30 months. After completing a specific period, applicants may apply for an extension. In some cases, individuals who have spent at least ten years on discretionary leave may qualify for indefinite leave to remain (ILR).
Securing Discretionary Leave to Remain UK can be challenging, but with the right documentation and legal support, applicants can strengthen their case. Whether applying due to human rights concerns or exceptional personal circumstances, understanding the requirements and following the proper legal procedures increases the chances of a successful outcome.