Points of Content:
- What is the purpose of discretionary leave to remain UK?
- Requirements to apply for indefinite leave to remain in the UK?
- Conclusion: Does apply for discretionary leave to remain UK Apply for indefinite leave to remain is the same process?
What is the purpose of discretionary leave to remain UK?
Discretionary Leave to remain UK is a discretionary power given to the UK Government to allow someone who does not meet the criteria of being eligible for a particular visa or immigration application, but would otherwise be at risk of serious harm if they were removed from the UK.
Discretionary leave is granted on a case-by-case basis by the Home Office’s Immigration and Deportation Department after they have considered all factors in an individual's personal situation.
The purpose of discretionary leave to remain UK is for the Home Office to offer a short period of time for families who may have concerns about living in the UK. This can be done because they have given up their right to remain in the country.
Necessity to apply for indefinite leave to remain in the UK?
Anyone who has a citizenship of the UK, can apply for indefinite leave to remain in the UK. There are several requirements that an applicant has to meet before they can apply for indefinite leave to remain. They must have been present in the UK legally and continuously for at least 10 years before they make this application.
People who have been granted ILR, or indefinite leave to remain (permanent residence) in the UK are allowed to stay there without any time limits. The requirements for the ILR depends on what type of visa a person has and his/her relationship with their sponsor.
To apply for indefinite leave to remain, someone should provide:
- A valid passport or travel documents.
- Proof of financial means and accommodation, as well as evidence of good character.
- Documents that confirm that s/he has been living in the UK continuously during the five years immediately preceding their application date.
Conclusion: Does apply for discretionary leave to remain UK Apply for indefinite leave to remain is the same process?
No, applying for discretionary leave to remain and applying for indefinite leave to remain are different processes.
The first step in applying for discretionary leave to remain is to lodge an application with the UK Border Agency. The second step is that they have a meeting with the UK Border Agency staff where they will assess whether the applicant has a good enough reason not to be removed from the country.
In contrast, there is no need to submit an application with the UK Border Agency when applying for indefinite leave to remain. You must provide evidence of your strong ties with the United Kingdom, including qualifications and employment status, English language ability and other relevant documents as well as prove that you have sufficient funds available .
