Discretionary Leave
DISCRETIONARY LEAVE
WHAT IS DISCRETIONARY LEAVE?
Discretionary leave is a way in which the Home Office can grant a period of leave to migrants outside of the UK’s Immigration Rules. This is in exceptional and compassionate circumstances. This route is considered if applying under the asylum, humanitarian protection, family, or private life routes is not possible. However, since the UK offers other immigration routes within the Rules, the Home Office is not obliged to grant discretionary leave
BENEFITS
Discretionary Leave to Remain has several benefits. The main benefits include the ability to:
- claim public funds (e.g., benefits)
- work without restriction
- study
WHO IS ELIGIBLE?
There are no set eligibility criteria for discretionary leave, but there must be clear evidence of exceptional and compassionate circumstances. Lumine solicitors will thoroughly examine your unique circumstances to determine whether discretionary leave can be granted.
The types of cases in which discretionary leave may be considered include:
- Medical grounds
- Exceptional circumstances E.g., if a human rights claim has been refused
- Slavery cases E.g., trafficking
- Children of parents with discretionary leave to remain
Other unique circumstances, not falling within the points listed above, may be so compelling that discretionary leave is granted.
IF YOUR APPLICATION IS SUCCESFUL
If your discretionary leave application is successful, you will have no prohibition on where to study or work in the UK and recourse to public funds.
For all immigration matters, Please do not hesitate to get in touch on 020 3950 2246 or Contact Us HERE
