What is discretionary leave?
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.
Can you explain what the old type of discretionary leave is?
There are two types of discretionary leave. The old type that was granted pre Jul 2012. It was leave that use to be granted to individuals who did not qualify under the immigration rules, but it was considered they had an Article 8 claim (Human Rights). In other words their removal would breach their right to private and family life. It was also granted in medical cases too where there would be a breach under Article 3 inhuman or degrading treatment or Article 8. Grant of leave would be granted for 3 years, followered by an active review. The applicant would need to re apply for a further 3 years before the expiry. After 6 years the applicant will be eligible to apply for Indefinite Leave to remain (ILR). If an applicant is still on this route they will continue, until they qualify for ILR. Clearly this grant of leave was more advantageous as it enabled an applicant to qualify for ILR within a shorter time frame, 6 years instead of 10 years. The new changes now in place mean that an applicant has to wait 10 years before they are eligible to apply for ILR.
Can you explain what the new type of discretionary leave is?
Those applicants with an Article 8 claim who were granted leave under Article 8 will now be granted 30 months (2.5 years) leave at a time to remain on a 10 year route. It is now no longer called discretionary leave as it is now granted under the private and family life provisions of Appendix FM. New grants of leave will be granted for 30 months at a time, and an applicant will need to apply to extend before the expiry of their existing leave. With this grant an applicant will not qualify for ILR until they have completed 10 years. It is important to also note that each applicant will be subject to an active review to ensure that they continue to qualify for a further grant of leave. Discretionary leave will also be granted in cases where removal would breach Article 3 in medical and other cases who do not qualify for humanitarian protection.
I am an overstayer. I am content to put off applying for discretionary leave as I am not sure if I qualify?
It is understandable to have these concerns. However it is always advisable to seek immigration advice to assess whether an applicant does have a human rights claim under family & private provisions. The government continues to pursue a hostile environment for overstayers, and things are scheduled to get tougher. Measures are already in place making it harder for illegal migrants to rent property, and making it easy for landlords to evict. In Jan 2018 the government has brought in changes requiring banks to check their customers against a Home Office list of known overstayers, failed asylum seekers and foreign national facing deportation. It is clear that the measures introduced are making it increasingly very difficult for illegal migrants to operate.
How can First Precedent & Visa Service help in submitting an application for discretionary leave?
With over 20 years experience we are confident that we can provide you with the level and expertise needed, in making this type of application. These applications require careful research and an in depth knowledge of case law and the Human Rights Act. Although we cannot guarantee success we are confident that we can bring our experience and resources to bear, we also work with a team of qualified professionals to offer you the client an unrivalled service. We are dedicated in meeting the needs of our clients. We understand how difficult and stressful these types of cases can be which is why all of our client applications are managed carefully and with the strictest confidence.
We pride ourselves in building a solid reputation in the pursuit of excellence for our clients. Our Immigration Advisers are regulated by the Office of immigration Service Commissioner (OISC) to level 3 the highest level. As Immigration Adviser it is essential for us to keep abreast of changes in the regulations. We are please to confirm that we have many success stories of clients in this category. Take charge of your future today, instruct the professionals to get impartial advice.
If you have any queries about making this type of application , or not sure if you qualify please call on (+44) 0208 7691750, or send us an email to: firstname.lastname@example.org and we will send a timely response the next working day.