Only after they have spent months ie ten years on limited leave in total in this category can they apply for indefinite leave to remain.
The rules about applications for limited leave are fairly complex. In the case of an adult, in some cases, the applicant must have spent at least 20 years in the UK illegally or partly illegally before they can apply. In other cases, an adult may not need to have spent as long as 20 years in the UK, depending on their age and the circumstances of the case.
In the case of a child under 18, they may be able to apply if they have spent at least seven years in the UK. You can check how to prove your right to work. This includes:.
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Top links Making a will Complaining about social care services What does it mean to have power of attorney? Child abuse - advice and support Advice for people affected by child abuse. Javaid -. I found the service and commitment to ensure my wife's visa from Philippines went through smoothly.
My Caseworker helped me with all the immigration process and made it as simple as possible second to none. I took the time to research many organisations which offer a similar service, none of which were as friendly, attentive and helpful as Visa and Migration. Genuinely my caseworker filled the application with me over the phone call of 2 hours as I was not too good with computers.
My wife got the visa in 4 weeks and we are delighted to have chosen Visa and Migration. I and my wife will recommend Visa and Migration for all the hard work they have put in my case.
Danny -. Thank you Visa and Migration! The process was so easy, the team very friendly and everything just worked out fine with your help. James -. Discretionary leave to remain in the UK is granted to people who are able to prove to the Home Office that their circumstances are compelling on compassionate grounds or are such that they can be granted leave outside the immigration rules.
This can only be approved by the Secretary of State. A person can apply for discretionary leave to remain via Article 8 of the European Convention on Human Rights ECHR , through the argument that his or her removal from the UK will result in a breach of the obligation. It can only be applied for within the UK and not abroad. The application is intended to cover compassionate and exceptional circumstances and should be used sparingly.
It is best for you to seek advice before you make an application; our experts have vast experience in getting various people leave to remain under this category.
A person can leave the UK at any time under Discretionary Leave to Remain as there are no travel restrictions. The period of leave granted may not be same in all the cases and will vary depending on your specific circumstances. However, in general, discretionary leave is granted for 30 Months after 9 July , leading to Indefinite Leave to Remain in 10 years.
Before 9 July , discretionary leave was granted for 3 years leading to Indefinite Leave to Remain in 6 years. When a person is granted DL initially, this does not always mean a person is entitled to further leave or settlement. Subsequent leave could be granted if the applicant continues to meet the criteria in the current policy.
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