Immigration and human right laws are ever-changing and can be very complex. It is therefore essential that you seek specialist legal advice before making any Private and Family Life application.

Discretionary Leave to Remain

The Home Office can grant individuals in the UK with Discretionary Leave to Remain. Discretionary Leave to Remain is granted outside of the UK Immigration Rules under compassionate and compelling circumstances as well as in junction with the right to private and family life protected under Article 8 of the European Convention on Human Rights.

All UK Visa applications must meet strict guidelines. Any error in your application will result in your visa being rejected by the Home Office, costing you valuable time and money before you even consider re-applying or appealing.

We can help you apply for ‘Leave to Remain – Family Life & Private Life Visas’. Our solicitors will advise and guide you through the process step by step, giving you peace of mind.

Discretionary Leave to Remain

Our Experienced Solicitors Can Help With:

  • Advising clients about requirements, merits and processes of their required visa.
  • Up-to-date information about the required documents.
  • Drafting the application free from errors.
  • Assisting clients in completing and submitting the application.
  • Communication with the Home Office
  • Keeping you informed about the advancements in your application’s status or any abrupt/sudden changes in visa process or requirements.
  • Representing clients in all aspects of immigration applications.

It should be noted that Discretionary Leave to Remain is one of the only applications available to overstayers in the UK.

Discretionary Leave to Remain is ideal for those without legal status who wish to make an application from within the UK, and those who do not fall under any of the other visa categories available under the Immigration Rules.

This is a complex area of law and you should seek expert legal advice from a specialist immigration law solicitor about your options.

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Article 8 – Right to respect for private and family life

The meaning of private life comes from Article 8 of the European Convention on Human Rights (ECHR).
It is the right to respect for one’s private and family life, his home and his correspondence.

The private life category comes under the Home Office’s immigration rule r276 ADE(1) and allows an applicant to regularise their stay in the UK by way of an application on the grounds of private life, under long residence where part of their residence may or may not have been lawful.

You may be able to make an application for leave to remain in the UK under Article 8 and the right to private life in the following circumstances:

  • If you have lived in the UK for 20 years or more, either lawfully or unlawfully.
  • If you are a child, who has lived in the UK for seven years continuously as long as you are 18 years or under.
  • If you have a family member and built a life in the UK
  • If you are aged between 18 and 25 years and have spent at least half your life continuously living in the UK.
  • In very exceptional circumstances, if you are over 18 years and have lived continuously in the UK for less than 20 years

Suitability Requirement

Several suitability requirements must be addressed for a leave to remain application to be considered which include criminal convictions, litigation costs and NHS debt. These requirements were designed to meet several public interest and legitimate aims.

Eligibility

It is possible to make a private life application whilst in the UK as an overstayer as well as for those who currently have leave to remain. There is no English language or minimum income requirement. Applications are considered on an individual basis and so it is always best to speak to us as early as possible and before you apply.
How Do I Apply for ILR 10 Years Long Residence Visa?

Will I Need to Submit Supporting Documents?

The correct supporting documents must be submitted with the application as this is will enable the applicant to evidence their claims properly.

Without the necessary supporting documents, the application will be refused which will complicate matters and can also negatively impact any future applications.

Legal advice should always be sought before an application is submitted, the case must be argued well and in detail to show evidence that you meet the requirements.

Please call us on 01234 350 244 or email us at info@dvsolicitors.com for further information and advice about our private and family life application service. We will happily provide you with a free initial discussion about your individual circumstances.

Why Choose Us?

Our solicitors have many years of experience in dealing with ILR and visa matters. They will expertly guide you in all aspects of your immigration requirements and are ideally positioned to explain any complexities and can represent your position robustly in order to achieve your desired outcome.

We have helped many individuals across the country through the sensitive and complex process of ILR applications.

How to Get in Contact

Please call us on 01234 350 244 or email us at info@dvsolicitors.com for further information and advice about our family visa application services. We will happily provide you with a free initial discussion about your individual circumstances.
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