Qualifying for lndefinite leave to remain after grant of discretionary leave

ilrApplicants who have been granted discretionary leave to remain outside the immigration rules are eligible to apply for settlement after 6 years.     The Home Office policy has in the past been to grant discretionary leave where an applicant raised human rights or medical issues.  

If the leave was granted before 9 July 2012   then after accruing 6 years continuous residence they will be eligible to apply for ILR.

However applicants who have been granted discretionary leave after 9 July  2012 will need to complete at least 120 months, (i.e. a total of 10 years normally consisting of four 2.5 year periods of leave), before being eligible to apply for settlement.

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