Leave to remain what does it mean

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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. EEA Family Permit. Ancestry Visas. Leave as a Parent. EU Nationals and Brexit. Visitor Visa. Partner Visas. Spouse Visas. Unmarried Partner Visas. Fiance Visas. Civil Partner visas. Marriage Visit Visas. Ancestry Visa Dependants. Work Visas. Skilled Worker Visa. Intra-Company Transfers.

Tier 1 Visa Investor. Graduate Route. For points-based visas, this will mean accruing the minimum number of points determined by your particular visa category. For example, you will be required to satisfy both an English language and maintenance requirement:. To be eligible for indefinite leave to remain, applicants must have resided in the UK for a qualifying period of time. In most cases, applicants will also be required to demonstrate their knowledge of English language and life in the UK.

If you are applying for further leave to remain you should do so prior to expiry of your existing permission to stay. It is also an offence to fail to comply with a condition or requirement imposed as part of your permission to be in the UK. By staying beyond the expiry of your visa, or otherwise breaching your leave to remain conditions, you will be at risk of removal from the UK, refusal of further leave or even criminal prosecution.

Both these types of offences are punishable by way of a fine or a term of imprisonment. If, on the other hand, you submit a valid application prior to the expiry of your existing leave, the terms and conditions of that leave will continue until a decision is made on your application for further leave to remain. How you submit your application for leave to remain will depend on whether you are applying from outside or within the UK.

In most cases, you will submit your application online. The purpose of a leave to remain interview is for the Home Office to request further information, verify facts or documentation and check that you meet all of the visa requirements. For some visa categories, fast tracked processing is available for an additional charge.

The visa processing times for leave to remain applications can vary dramatically and guidance should be sought at the time of making your application for your specific visa category. There are a number of practical considerations when applying for leave to remain, from how much the visa application fee is and which supporting documents you will need to provide, to what questions you may be asked during interview.

When applying for leave to remain, reference should always be made to any specific Home Office guidance relevant to your visa category, in conjunction with the relevant provisions of the Immigration Rules. However, these provisions are subject to constant change and expert legal advice from an immigration specialist may be required. Another way to qualify for ILR is through the long residence route.

If you have at least 10 years of continuous, lawful residence, you may be eligible to settle. In addition to being able to prove 10 years of unbroken status in the UK, you will also need to show you meet the English language and life in the UK test, and that there are no general grounds to refuse your application, such as a criminal record or a breach of the Immigration Rules.

DavidsonMorris are specialists in UK immigration , working closely with individuals to provide guidance and support through Home Office applications including all types of leave to remain and Indefinite Leave to Remain applications.

Contact us for specialist advice. When you are first granted a visa, this will come with permission to enter the UK for a specified period of time. You will have to leave the UK before this visa expiry, unless you apply for further leave to remain. After a qualifying period in the UK with lawful status, you may become eligible for indefinite leave to remain.

Leave to remain means you have permission to stay in the UK for a specific period of time and your activities are limited to the restrictions of your visa. Indefinite leave to remain is where you have permanent lawful status in the UK as a settled person, and you are no longer subject to immigration control. Depending on your visa category, you may be able to apply for further leave to remain by extending your visa or switching to a different visa category.

If you have been in the UK for five years, or the relevant qualifying period under your visa, you may be eligible to apply for indefinite leave to remain. By submitting, you agree to our Privacy Policy. London Cambridge Aberdeen Manchester Birmingham. Call Immigration Audit. Immigration Training. Right to Work Consultancy.

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