An application for ILR under 6 years route of Discretionary Leave is made either using application form SET (O) or FLR (DL). The standard fee to extend discretionary leave to remain is currently set at £1,033. In-fact, having no lawyer was a huge risk considering there was a potential minor hiccup with my case. Discretionary leave to remain – We explain it! What you mean by what type of application? This case is useful if you were granted 3 years Discretionary Leave before 09 July 2012 and have applied or are going to apply for an extension of Discretionary Leave after that date. The Home Office has the powers to grant a longer period under the discretionary leave to remain route. •The period of leave granted will vary depending on the basis on which the grant of. The qualifying continuous period is generally 5 years, but there are some categories that have a reduced continuous period. Donate and support our work. Following the case of R (on the application of JP) v SSHD [2019] EWHC 3346 (Admin), the Home Office’s policy to delay making decisions on discretionary leave until a decision is made on the asylum claim has been found to be unlawful. 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. We cannot do this via ‘WhatDoTheyKnow’, which is a public website. Letter: 31 01 12 Date Biometrics booking letter arrived: 24 03 2012 Date Biometrics Done a.. The Secretary of State has the power to grant leave on a discretionary basis outside the Rules from her residual discretion under the Immigration Act 1971. If you cannot afford to pay our fee in full at the time of instructing us in relation to your application for renewal of discretionary leave, you can pay half of the fee at the time of instructing us and rest of the fee can be paid by monthly instalment. Passport required to travel. The Application process. WhatDoTheyKnow also publishes and archives requests and responses, building a massive archive of information. The time it takes to make a decision on your case will depend on the type discretionary leave policy. 6405492). 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. Please note that we cannot deal Obtaining discretionary Leave to Remain or an extension of discretionary Leave to Remain normally requires the applicant to obtain the best advice from an experienced Immigration lawyer in London. We can handle your matter remotely! Sunrise Solicitors are also members of Immigration Law Practitioners' Association (ILPA). Discretionary Leave to Remain Under Article 8 ECHR. The period of leave granted may not be same in all the cases and will vary depending on your specific circumstances. As a result of a successful application for renewal of your discretionary leave, you will be granted further discretionary leave for another 3 years period so that you can qualify for Indefinite Leave to Remain (ILR) in the UK upon completion of 6 years under the Discretionary Leave policy. Form to apply for an extension of stay or indefinite leave to remain in the UK if you were refused asylum but given another type of permission to stay in the UK. is a registered charity in England and Wales (1076346) We cannot do this via ‘WhatDoTheyKnow’, which is a public website. Run by Volunteers and powered by Alaveteli. We provide commercial If you are currently in the UK with Discretionary Leave to Remain (DLR) which was initially granted for 3 years under the Discretionary Leave Policy of the Home Office, you can apply for renewal of your discretionary leave. For many applicants, indefinite leave to remain (ILR) is the penultimate step in their UK visa journey. other information which may relate to your application. website. Our expert immigration team could help you establish if you are eligible to apply for discretionary leave to remain, and can support you through your application process. Thank you for your e-mail of 9 May about Discretionary leave to remain You can contact us if you are seeking legal help from immigration lawyers in London in relation to your application for renewal of discretionary leave and our immigration solicitors will provide you fast, friendly, reliable and professional immigration service. R (on the application of SB and ABD) v SSHD IJR (2015) UKUT (IAC) Summary. Asylum policy guidance used by UK Visas and Immigration to make decisions on whether to grant discretionary leave. However, in general, discretionary leave is granted for 30 Months after 9 July 2012, leading to Indefinite Leave to Remain in 10 years. 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. https://www.gov.uk/change-circumstances-... Freedom of Information Act requests made to you from 01 01 09 to 22 05 09, Number of and support for asylum seeking, refugee and appeal rights exhausted young people, Processing Time of DL Extensions (under Asylum/HPDL Workstream), Indefinite Leave to Remain after 6yrs discretionary leave qualifying period. First Grant of Discretionary Leave to Remain was granted until 11June 2011. An application for indefinite leave to remain on the basis of six years under the discretionary leave to remain can be submitted to the Home Office 28 days before completing 6 years residence. Re: Discretionary leave to remain time scale « Reply #13 on: November 28, 2011, 01:14:34 PM » Normally, when someone applies for an extension of leave, the conditions of their current leave extend until the application is decided. FLR FP - How many applicants with FLR FP visa as parent of a British Citizen have sponsored their spouses to the UK. personal e-mail to which we can reply. As a result of a successful application for renewal of your discretionary leave, you will be granted further discretionary leave for another 3 years period so that you can qualify for Indefinite Leave to Remain (ILR) in the UK upon completion of 6 years under the Discretionary Leave policy. Are you the owner of any commercial copyright on this page? Thank you for your e-mail of 9 May about Discretionary leave to remain extension processing time. Accordingly, the leave to remain application fees will remain at £1,033. My question is that will (my wife) her bankruptcy can affect or decline for extension in discretionary leave to remain … An application for ILR under 6 years route of Discretionary Leave is made either using application form SET (O) or FLR (DL). We have reopened our offices as lockdown restrictions have eased. The immigration solicitors at Sunrise Solicitors are experts in dealing with applications for renewal of discretionary leave to remain which was granted outside the rules. However, it is pertinent to note that the agreed fee will not cover any disbursements to be incurred by us on your behalf e.g. The list of fees for immigration and nationality applications was updated on 1 December 2020 to reflect the new or rebranded visa routes introduced on that date. Taking detailed instructions from you and advise you about the relevant immigration laws and procedures to be adopted by the Home Office, UKVI in your application for extension of discretionary leave; Discussing your immigration case in detail with you and advising you about the weaknesses and strengths of your discretionary leave extension application; Advising you about the documentary evidence to be submitted in support of your application for discretionary leave; Considering contents of the documentary evidence to be submitted in support of your application for renewal of discretionary leave and discussing the same with you; Completing the FLR (HRO) application form for the renewal of your discretionary leave to remain and discussing the same with you; Preparing a cover letter to introduce and support the extension of stay application and liaising with the Home Office, UKVI for a timely decision on your extension of stay application; Protecting your interests while your application is pending with the Home Office and keeping you informed on the progress of your immigration matter; Doing all the follow up work until decision is reached on your extension of stay application. I would therefore be grateful if you would let us have a Since Then I applied for extension, and was only given discretionary leave till 07April 2012 saying (exceptionally to allow you to attend the Court Hearing set for 10 and 14 November 2011). If there is a change in your circumstances, we kindly ask that you only But there is a catch: the Immigration Health Surcharge, a separate tax on immigration, has increased sharply. At that time I was going through family Court proceedings. If you were previously granted discretionary leave as a result of FLR (O) application, you can then apply for indefinite leave to remain by using the application Form SET (O). You can apply for Indefinite Leave to Remain (ILR) upon completion of 6 years under the Discretionary Leave (initial 3 years + 3 years extension). mySociety The applicant can then apply for another Further Leave to Remain extension to complete their five-year period in the UK to qualify for permanent settlement which is called Indefinite Leave to remain or ILR. Applications for DL cannot be made from outside the UK. As a matter of fact, there will be no change in the leave to remain fees from April 6, 2020. Home Office Leave to Remain Fees 2020. Our response to your enquiry will involve asking for or disclosing your personal data. or travel document. Moreover, the leave to remain fees with priority (5-day) and same day super-priority service are £1,533 and £1,833/-, respectively. © Sunrise Solicitors 2019 | Privacy Policy, Discretionary Leave To Remain (DLR) - 6 Years Route, Renewal Of Discretionary Leave (6 Years Route), EU Nationals & Their Family Members - FAQs, Compensation For Unlawful Immigration Detention, Home Office, UK Visas & Immigration (UKVI), ILR - Discretionary Leave (6 Years Route), Initial Application For Discretionary Leave (10 Years Route), Renewal Of Discretionary Leave (10 Years Route), ILR Under Discretionary Leave (10 Years Route), Appeal Against Refusal Of Discretionary Leave Application, Pre-Action Protocol (PAP) For Judicial Review (JR) Against Certification Of THe Human Rights Claim As Manifestly Unfounded, Judicial Review (JR) In The Upper Tribunal (UT) Against Certification Of THe Human Rights Claim As Manifestly Unfounded, Detailed Immigration Advice For Discretionary Leave, Documents Checking Service For Discretionary Leave, Immigration Solicitors for UK Visas in London, Challenging Immigration Decisions (Refusal Letters), Tier 1 Investor Visa - Frequently Asked Questions (FAQs), Tier 1 Exceptional Talent Visa - Frequently Asked Questions (FAQs), Tier 2 General Migrant - Frequently Asked Questions (FAQs), Tier 2 Minister Of Religion - Frequently Asked Questions (FAQs), Tier 2 Intra Company Transfer (ICT) - Frequently Asked Questions (FAQs), Tier 2 Sportsperson - Frequently Asked Questions (FAQs), Tier 5 Charity Worker Visa - Frequently Asked Questions (FAQs), Tier 5 Religious Worker Visa - Frequently Asked Questions (FAQs), Tier 5 Government Authorised Exchange Scheme Visa - Frequently Asked Questions (FAQs), Tier 5 Creative & SPorting Workers - Frequently Asked Questions (FAQs), Tier 5 International Agreement Visa - Frequently Asked Questions (FAQs), Tier 5 Youth Mobility Scheme (YMS) Visa - Frequently Asked Questions (FAQs), Sole Representative Of Overseas Business Visa - Frequently Asked Questions (FAQs), UK Ancestry Visa - Frequently Asked Questions (FAQs), Domestic Worker Visa - Frequently Asked Questions (FAQs), Turkish Businessperson Visa - Frequently Asked Questions (FAQs), Turkish ECAA Worker Visa - Frequently Asked Questions (FAQs), Permanent Residence (PR) - Frequently Asked Questions (FAQs), Super Priority Service - Frequently Asked Questions (FAQs), Fiancé(e) Visa UK - Frequently Asked Questions (FAQs), Proposed Civil Partner Visa - Frequently Asked Questions (FAQs), Spouse Visa (5 Years Route) - Frequently Asked Questions (FAQs), Spouse Visa (10 Years Route) - Frequently Asked Questions (FAQs), Unmarried Partner Visa (5 Years Route) - Frequently Asked Questions (FAQs), Unmarried Partner Visa (10 Years Route) - Frequently Asked Questions (FAQs), Civil Partner Visa (5 Years Route) - Frequently Asked Questions (FAQs), Civil Partner Visa (10 Years Route) - Frequently Asked Questions (FAQs), Same Sex Partner Visa (5 Years Route) - Frequently Asked Questions (FAQs), Same Sex Partner Visa (10 Years Route) - Frequently Asked Questions (FAQs), Parent Visa (5 Years Route) - Freqently Asked Questions (FAQs), Parent Visa (10 Years Route) - Freqently Asked Questions (FAQs), ILR As A Victim Of Domestic Violence - Frequently Asked Questions (FAQs), ILR As A Bereaved Partner -Frequently Asked Questions (FAQs), Adult Dependent Relative - Frequently Asked Questions (FAQs), Tier 1 Entrepreneur Visa - Frequently Asked Questions (FAQs), Tier 1 Graduate Entrepreneur - Frequently Asked Questions (FAQs), Unlawful Immigration Detention Claims - No Win No Fee Solicitors, Home Office UKVI Fees For Immigration & Nationality Applications, Family Members Of British Citizens & Settled Persons, Private Life & Discretionary Leave To Remain (DLR) Applications, Asylum & Humanitarian Protection Applications, UK Passport & Travel Document Applications, Members Of Armed Forces & Their Family Members, Other Miscellaneous Immigration Applications. Discretionary Leave to Remain- Outside the Immigration Rules. Failure to attain the necessary pass mark has led to many applicants postponing their application for indefinite leave to remain. application fees £2,389/- plus the cost of super-priority visa service £800. Final words If the circumstances which led to you being granted DL in the first place still apply at the time you wish to extend your stay in the UK, then you should have a strong chance of securing further discretionary leave. Customers applying for a visa from outside the UK. 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). If your application is successful, you and your family will receive a Residence Permit. Help us protect your right to hold public authorities to account. Author Topic: Discretionary leave to remain time scale (Read 11300 times) 0 Members and 1 Guest are viewing this topic. Our response to your enquiry will involve asking for or disclosing your Processing time. I will be the main applicant. Discretionary Leave To Remain. •Discretionary Leave is not to be granted on the basis that, for the time being, practical. For further information see the Processing an Asylum Application from a Child AI. For further information see the Processing an Asylum Application from a Child AI. Now my wife's visa is expiring next week and she has been living in uk for 9 years. We couldn’t load the mail server logs for this message. Discretionary Leave To Remain. It does not cover advising refugees and other people given leave through the asylum system, to 'Dubs children' or to people who are stateless: go to refugees and people with discretionary leave, humanitarian protection and exceptional leave to remain and advising refugees and people with discretionary leave for information about their rights and how to advise them. ... Can I ask you the following information what is prossing time for discretionary leave to remain extension I Applied for my extension in 15/10/2016 my biomateric was done on 14/12/2016 it's been almost 6 months now I didn't here anything . Helpful information for overstayers and individuals seeking to obtain legal status in the UK. The Secretary of State has the power to grant leave on a discretionary basis outside the Rules from her residual discretion under the Immigration Act 1971. This means that if an Applicant was granted discretionary leave to remain outside of the Immigration Rules prior to 9 July 2012, they can look to make an extension of leave to remain under the same category for a further 3 years discretionary leave to remain, leading to settlement. Published 24 June 2013 Last updated 14 December 2015 + show all updates Discretionary Leave (DL) is a form of leave to remain that is granted outside the Immigration Rules in accordance with this policy. We got 3 years discretionary leave to remain in May 2012. This is due to the process often being complex and the caseworker who reviews the application not using their discretion correctly. Discretionary Leave (DL) is a form of leave to remain that is granted outside the Immigration Rules in accordance with this policy. Our Solicitors and Barristers are able to assist Applicants with retrieving important documents such as Advances Passenger Information from the Home Office. 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