Discretionary leave to remain

What is it and how can Saracens Solicitors help?

Discretionary leave to remain is a status granted to individuals on a case by case basis at the discretion of the home office. There are a large number of criteria that might qualify someone for discretionary leave. The circumstances can often be quiet delicate and complex.

In order to increase your chances of a successful claim, an immigration solicitor in London, like Saracens Solicitors, can be very helpful. We understand the process and criteria fully so we can make your case as strong as possible. Discretionary leave to remain is intended to be used sparingly so only the most watertight case make it through the selection process.

There may be several strands to your application – for instance, we made need to prove that there are humanitarian considerations to be taken into account if you should return to your home country. This proof then forms part of your application for discretionary leave to remain.

Reasons for granting discretionary leave to remain

When Saracens Solicitors is acting as your immigration solicitor in London, we will explore your circumstances fully with you to ascertain if it is appropriate for you to apply for discretionary leave to remain. You cannot apply for it if your situation is covered by another area of immigration law.

Some examples of circumstances that are often taken into account when considering discretionary leave to remain are:

• Medical need, particularly in cases where an applicant has a terminal illness and there is unlikely to be the appropriate palliative care in their home country;
• Modern slavery cases, where an applicant is likely to be required to give evidence or assist police with their enquiries;
• Unaccompanied asylum seeking children, where the child cannot be reunited with their family or has a reasonable expectation of danger if they are returned to their home country.

This list is not exhaustive and, while any one of these may be considered, it is possible that other aspects of your case will be given equal weight. This kind of complexity is why an immigration solicitor in London, like Saracens Solicitors, could be vital to your application.