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Discretionary leave to remain in the UK

A person who resides in the UK but is not entitled to a visa may apply for Discretionary Leave to remain. Such leave is temporary and usually claimed on the basis of protection of human rights.

Let us help you remain in the UK

Recently, the scope of this status has been expanded and is now available under a variety of similar circumstances.

Every case is unique and finding a resolution requires an in-depth look at your unique set of circumstances. An application will rely on evidence that the applicant’s deportation from the UK will infringe on their human rights.

The most common situations are:

  • A child who was born in the UK
  • A child who has been resident in the UK for at least seven years
  • An adult who is married to a British citizen or a person who has permanent residency status in the UK (such as the right of abode or indefinite leave to remain)
  • An adult who has established a family life in the UK

When can you apply for indefinite leave to remain?

If granted discretionary leave to remain prior to 9 July 2012, you will be able apply for indefinite leave to remain after six continuous years of discretionary leave to remain. 

If granted discretionary leave after 9 July 2012, you will be required to wait until you have held discretionary leave to remain for 10 continuous years prior to applying for indefinite leave to remain.

Our experienced team specialise in these kinds of complex cases. If you have discretionary leave to remain, or need to apply for it, please do not hesitate to contact us. All communications are strictly confidential.

Contact our immigration team

Phone us (SA): +27 (0) 21 657 2180

Phone us (UK): +44 (0) 20 7759 7580

South Africa

Cape Town
Regent Square
Doncaster Road
Kenilworth 7708
t: +27 (0) 21 657 2120

201 The Annex
Ridgeside Office Park
t: +27 (0) 31 536 8843

United Kingdom

Castlewood House
77/91 New Oxford Street
t: +44 (0) 20 7759 7514

5-7 Selsdon Road
South Croydon
t: +44 (0) 20 7759 7581


Suite 8.06
9 Yarra Street
South Yarra
Melbourne VIC 3141
t: +613 (0) 86 514 500

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