Winner of the Legal 500 - 'Criminal, Fraud & Licensing Law Firm of the Year 2019'
Discretionary Leave To Remain Solicitor
Many people remain in the UK either illegally or after their leave to enter the UK has expired for various reasons such as:
- it is not possible for them to return to their home country, apply for a fresh entry clearance at the British Embassy in that home country and then return to the UK under the protection of that new clearance
- they are failed asylum seekers
- having established a private or family life in the UK, they are protected by Article 8 of the European Convention on Human Rights which states that it would be an unreasonable and disproportionate interference in a person’s private and family life to require them to return home.
Any person in this position is entitled to make an application for Discretionary Leave to Remain (DLR) in the UK.
Such an application, which will be based on circumstances outside of the Immigration Rules, requires the Secretary of State to consider whether there exist any exceptional, compelling and compassionate circumstances enabling discretion to be exercised and DLR to be granted.
DLR permits an individual to work and study in the UK.
- The duration of DLR will depend on an individual’s circumstances, but it is unlikely to be more than three years, initially.
- Those granted DLR prior to 9th July 2012 will normally be eligible to apply for settlement after six years continuous leave.
- After 9th July 2012, in most cases, those granted DLR will not become eligible for settlement until they have completed a continuous period of ten years limited leave.
How Can We Help?
With the rising cost of the fees payable upon application, it is imperative that expert professional advice is sought before submitting any application to ensure that it is correctly prepared to avoid the forfeiture of fees which may arise due to error.
All applications must be made on the correct forms, which are very detailed, and accompanied by full supporting documentation.
Failure to submit a correct application could result in a Notice of Refusal being issued and the resultant serious consequences.
At Kangs Solicitors we have an experienced team of immigration solicitors who advise and assist clients with immigration status issues in the UK on a daily basis.
We have a proven track record of successfully advising and guiding clients through the immigration application and appeals process.
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