Discretionary Leave To Remain (DLR)

Discretionary Leave (DL) and Its Application Process

Discretionary Leave (DL) provides a crucial pathway for individuals who are in the UK but do not meet the requirements for asylum or humanitarian protection (HP). It is an immigration status granted outside the Immigration Rules, and is instead based on Home Office policy. Importantly, Discretionary Leave cannot be applied for from outside the UK and is generally granted to individuals who may not qualify for asylum or humanitarian protection but have other exceptional circumstances that justify their stay in the UK.

Discretionary Leave is meant for those individuals who are unable to return to their home country for reasons such as ongoing conflict, risk to their life, or other compelling and compassionate factors. However, it must be noted that DL is not granted to those who qualify for asylum or humanitarian protection or those applying on family or private life grounds.

Discretionary Leave to Remain (DLR) – 10-Year Route to Settlement

Since July 2012, Discretionary Leave to Remain (DLR) is usually granted for 30 months (2 and a half years) under the 10-year route to settlement. This means that individuals who receive DLR can apply for Indefinite Leave to Remain (ILR) once they have completed a continuous period of 10 years in the UK under Discretionary Leave.

The 10-year route to settlement is particularly relevant for individuals whose circumstances prevent them from returning to their home countries but who are not eligible for asylum or other protected statuses. By accumulating 10 years of limited leave in the UK, applicants can eventually apply for ILR and, after further residence, apply for British citizenship.

Renewal of Discretionary Leave to Remain

If you have been granted Discretionary Leave to Remain (DLR) for an initial period, you can apply for renewal before your leave expires. The renewal of DLR is granted based on exceptional, compelling, and compassionate circumstances that continue to justify your stay in the UK.

To ensure that your renewal application is successful, you must show that there has been no adverse change in your circumstances since the initial grant of your leave. This means that your situation should remain consistent with the reasons for which you were initially granted leave to remain in the UK.

It’s important to note that the Home Office will review your case based on the conditions of your original leave, and any significant change in your circumstances could lead to your renewal being refused.

Children Born in the UK to Parents with Discretionary Leave

Children who are born in the UK to parents who both hold Discretionary Leave (DL) and are not British citizens should normally be granted limited leave in line with their parents’ status. However, if only one parent holds Discretionary Leave, the status of the child will depend on the immigration status of the other parent.

The Home Office will assess the child’s immigration status on a case-by-case basis, considering the child’s relationship with both parents and their circumstances. In some cases, the child may be granted limited leave based on the parent who holds Discretionary Leave. It is important that all relevant documentation is provided when applying for leave for children of DL holders, ensuring that the Home Office understands the full context of the family situation.

Duration of Discretionary Leave

The duration of Discretionary Leave is typically 30 months (2 and a half years). This period may be extended as long as the applicant continues to meet the eligibility criteria set out by the Home Office. However, it’s important to understand that subsequent periods of leave are not automatic. Each renewal application is considered based on the applicant’s continued eligibility and the changing circumstances of their case.

Although DL is typically granted for 30 months at a time, this duration can vary depending on the individual facts of the case. The Home Office will review factors such as the applicant’s length of stay in the UK, their ongoing circumstances, and whether they still meet the criteria for Discretionary Leave. If there are no significant changes, applicants are often granted further periods of leave, with the goal of eventually obtaining Indefinite Leave to Remain after 10 years.

Eligibility for Indefinite Leave to Remain (ILR)

After 10 years of continuous leave under Discretionary Leave, an individual may be eligible to apply for Indefinite Leave to Remain (ILR). The Home Office will consider the application in light of the circumstances at the time of submission, taking into account factors such as:

•The applicant’s continuous residence in the UK, which includes meeting the required 10-year period under Discretionary Leave.

•The applicant’s conduct during their stay in the UK, including whether they have committed any criminal offenses.

•The applicant’s ability to meet financial, accommodation, and other legal requirements.

It’s important to note that any time spent in prison for a criminal conviction will not count toward the 10-year requirement for ILR. However, periods of imprisonment can still be aggregated either side of the sentence, provided that the applicant meets the continuous residence requirement.

Additionally, leave can still be counted towards ILR if it was accrued during the time an individual was waiting for a decision on a valid application for further leave, as long as the application was made in time and the leave was automatically extended under Section 3C(2) of the Immigration Act 1971.

Discretionary Leave – Grounds for Refusal

Applicants seeking Discretionary Leave must ensure they meet all the eligibility criteria, as failure to do so can result in refusal. The grounds for refusal may include:

1.Criminal behavior: A history of criminal conduct, particularly serious offenses, can lead to refusal of Discretionary Leave or its renewal.

2.False or misleading information: If the applicant provides false information, submits forged documents, or makes false representations in their application, it will lead to refusal.

3.Failure to comply with legal obligations: Applicants who fail to attend an interview, provide requested documentation, or comply with other Home Office instructions may have their application rejected.

Conclusion

Discretionary Leave offers a valuable opportunity for individuals who do not qualify for asylum or humanitarian protection but who still face significant challenges or risks in their home country. The 10-year route to Indefinite Leave to Remain provides a pathway to settlement in the UK, offering security and stability for those who meet the criteria.

The process of applying for Discretionary Leave or renewing it can be complex, and it’s essential that applicants ensure they meet all the necessary requirements to avoid delays or refusals. Our immigration lawyers are here to guide you through every step of the process, from initial applications to renewals and eventually settlement applications.

If you are seeking Discretionary Leave or would like assistance with the renewal process, contact us today. Our expert team can provide a case assessment and offer the legal support you need to ensure your application meets all the necessary criteria. Let us help you navigate the immigration system and secure your future in the UK.

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