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Discretionary Leave to Remain Application

Discretionary powers are available for use at the discretion of the user, not fixed by rules but are decided on by the people in authority.
Discretionary leave to remain in the UK is granted to the people who are able to satisfy and prove to the Home Office that their circumstances are compelling on compassionate grounds or should be granted leave outside the Immigration rules.

Despite not meeting the requirement of the Immigration Rules but still the Secretary of State (SSHD-Home Office) can exercise discretion and grant you discretionary leave to remain in the United Kingdom.

Discretionary leave to remain can only be applied within the United Kingdom (UK), there are no barriers to travel out of the country once you will be granted discretionary leave to remain.

Years of Grant of Discretionary Leave to Remain in the United Kingdom

A discretionary leave to remain may not be the same in all the cases as it is based on the compelling circumstances, however, discretionary leave to remain is granted for 30 months after 09 July 2012, but discretionary leave to remain was granted for 3 years before 09 July 2012. Discretionary leave to remain will lead you to Indefinite Leave to Remain after 10 years.

Circumstances on the basis of which discretionary leave to remain may be granted:
A.  As stated above there are no provisions under Immigration Rules to be granted discretionary leave, however the basis of exceptional circumstances relating to family or private life. Discretionary leave to remain can only be granted to those currently within the UK; it is not available as an application for entry clearance.

B. Discretionary leave to remain must no longer be granted where the requirements of those rules in Appendix FM or paragraphs 276ADE(1) to 276CE are met.

C. You would have lived continuously in the UK for atleast 20 years

D. Your child under the age of 18 years has lived continuously in the United Kingdom for 7 years, and it would not be reasonable to expect the child to leave the UK.

Discretionary Leave to remain and Recourse to Public funds, work and study:

Those granted Discretionary leave to remain have recourse to public funds and no restriction to work.

Discretionary leave to remain also entitles a person to enter higher education.

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