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