Unaccompanied children granted DL in accordance with paragraphs 352ZC to 352ZF of the Immigration Rules who have turned 18 by the time they apply for further leave or whilst a pending application is being considered will be considered in the same way as an adult applying for further leave. Our team of lawyers are trained and are kept up to date on all the latest developments. This guidance explains full details of the Windrush Compensation Scheme. 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. This means that you can apply to naturalise as a British Citizen after holding indefinite leave to remain for one year, or you can apply straight after you receive indefinite leave to remain if … Where DL is granted, the duration of leave must be determined by considering the individual facts of the case but leave should not normally be granted for more than 30 months (2 and a half years) at a time. Therefore, it is essential you get the right legal advice from an expert UK immigration lawyer to make sure your application is successful, first time. Before 9 July 2012, discretionary leave was granted for 3 years leading to Indefinite Leave to Remain in 6 years. An application for ILR under 6 years route of Discretionary Leave is made either using application form SET (O) or FLR (DL). However, if the circumstances of the applicant have changed in such a way that the requirements of paragraph 276ADE or Appendix FM of the Immigration Rules can be satisfied, it would be better to make an application under the Immigration Rules rather than outside the rules. We can handle your matter remotely! A person who cannot meet the criteria of the Immigration Rules as set out under Appendix FM and paragraph 276ADE of the Immigration Rules can still qualify for Discretionary Leave to Remain outside the Immigration Rules. Can’t attend our offices to instruct us for your matter? You can apply for Indefinite Leave to Remain (ILR) upon completion of 6 years under the Discretionary Leave (initial 3 years + 3 years extension). 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 … A person will normally become eligible to apply for settlement after completing a continuous period of 120 months’ (10 years’) limited leave. However, leave can be aggregated either side of a period of imprisonment providing that the continuous residence requirement is met. However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR). 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). Under the old immigration rules before 9 July 2012, you may be able to apply for indefinite leave to remain – settlement – after 6 years of discretionary leave to remain, including a discretionary leave to remain extension. Published 24 June 2013 Last updated 14 … 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. List of institutions licensed to sponsor migrant students under the Student and Child Student routes. These reasons do not need to be detailed, but it must be clear why DL has been granted. 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. 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. 6 years or 10 years route of discretionary leave granted after July 2012 Please use this section of the board for queries about Indefinite Leave to Remain (ILR). 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. 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Discretionary leave to remain – We explain it! Guidance for decision makers considering cases under the Windrush Compensation Scheme. 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. The stated aim of the Discretionary Leave policy is ‘to use Discretionary Leave … The quality of our service is self-evident from our clients' reviews about the service provided by our immigration lawyers. In this post, we look at the requirements for a successful application for ILR on the basis of 10 years long residence. When a person is granted DL initially, this does not always mean a person is entitled to further leave or settlement. 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. Our expert Lawyers put their full efforts in your case as we strongly believe in getting for you what you want. If you were granted discretionary leave for 30 months and the leave was granted outside the Immigration Rules due to compelling and compassionate circumstances of the applicant, an application for ILR can be made once the applicant has spent 10 years in the UK under this category. This is a 10 year route to settlement, known as Indefinite Leave to Remain, with no recourse to public funds. 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. Any time spent in prison in connection with a criminal conviction will not count towards the 10 years. Those granted DL as an unaccompanied child may also apply on another route if they wish to extend their limited leave. 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. 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. 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. Extension/Renewal Of Discretionary Leave (10 Years Route) Details Written by Arshad Mahmood. Discretionary Leave To Remain (DLR) - 10 Years Route Written by Arshad Mahmood 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. Claim forms and guidance for people who may be able to claim compensation through the Windrush Compensation Scheme. An application for Discretionary Leave outside the Immigration Rules is made using application form FLR (HRO). 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. 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. Asylum policy guidance used by UK Visas and Immigration to make decisions on whether to grant discretionary leave. Extension to Leave to Remain. Discretionary Leave (DL) is a form of leave to remain that is granted outside the Immigration Rules in accordance with this policy. Discretionary Leave to Remain (DLR) is currently granted by the Home Office UKVI under the 10 years route to settlement. List of organisations licensed to sponsor workers on the Worker and Temporary Worker immigration routes. 24. Some applicants may be able to meet such high threshold through strong arguments involving best interests of any children of the applicant. You can apply for Indefinite Leave to Remain (ILR) upon completion of 6 years under the Discretionary Leave (initial 3 years + 3 years extension). Our expert immigration lawyers can provide advice and the best possible option available for you. DL is granted outside the Immigration Rules in accordance with Home Office policy set out in their instruction. From 9 July 2012, those granted DL must normally have completed a continuous period of at least 120 months’ limited leave (i.e. 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). 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 … 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. 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. 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. If instructed to represent you regarding your Indefinite Leave to Remain (ILR) application under Discretionary Leave (6 years route), we will do the following immigration casework for you on your behalf: Sunrise Solicitors is the trading name of Sunrise Solicitors Ltd (company registration no. This is subject to conditions the Secretary of State deems appropriate. Discretionary Leave To Remain (DLR) - 6 Years Route Renewal Of Discretionary Leave (6 Years Route) ILR Under Discretionary Leave (10 Years Route) However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR). An application for ILR under 6 years route of Discretionary Leave is made either using application form SET (O) or FLR (DL). The application will be considered in light of the circumstances prevailing at that time. UK immigration law is extremely complex and constantly changes. 6405492). Discretionary Leave (DL) applies in both asylum and non-asylum cases applying from within the UK. 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. Requirements for a successful Indefinite Leave to Remain (Long Residence) Application. Our immigration solicitors can prepare and submit your application to the Home Office, UKVI through Super Priority Service (SPS) and get decision on your immigration application within 24 hours. Leave to remain for 30 months can be granted under the 10 years route to settlement. 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. 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. If you have been previously granted leave to remain under the 7 years child residence route you can apply for extension. 6 years will be completed on: 02 08 2017 So, my ques.. Individuals could satisfy the proposed new eligibility criteria through this route as they may have been resident in the UK for a long period of time even though they would not have indefinite leave to remain. Discretionary Leave To Remain (DLR) - 6 Years Route. 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. Guidance used by UK Visas and Immigration to make decisions in asylum and human rights applications. 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. 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. It is intended to cover exceptional and compassionate circumstances and, as such, should be used sparingly. An application for ILR under 6 years route of Discretionary Leave is made either using application form SET (O) or FLR (DL). 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. No, UASC leave and Discretionary Leave are not the same. 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. We applied for the extension before expiry of 1st leave in 2014 and further leave 3 year leave was granted until 20 10 2017. Applications for DL cannot be made from outside the UK. Do you need help with an immigration problem? The immigration solicitors at Sunrise Solicitors are experts in dealing with applications for Indefinite Leave to Remain (ILR) on the basis of 6 years under the discretionary leave. 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. All settlement applications must be made on the appropriate form no more than 28 days before existing leave expires. 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. 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 after 6 Year Discretionary Leave. Upon instructing us you will be allocated an experienced lawyer who will contact you within 24 hours to discuss your case. DL cannot be applied for from abroad. Subsequent leave could be granted if the applicant continues to meet the criteria in the current policy. 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. Discretionary Leave to Remain (DLR) - 10 Years Route. 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. 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