Discretionary Leave to Remain (DLR) in the UK is granted to individuals who do not meet the standard immigration rules but have compelling reasons to stay in the country. Extending discretionary leave to remain can be a complex process, requiring a thorough understanding of the legal framework and careful preparation of your application.
Understanding Discretionary Leave to Remain
DLR is typically granted in exceptional cases, often involving humanitarian considerations or human rights issues. Common scenarios include individuals who cannot return to their home country due to serious health issues, or those facing significant risks such as persecution or violence. The initial grant of DLR is usually for a period of up to three years, after which an individual may apply for an extension.
Preparing to Extend Your Stay
When preparing to extend discretionary leave to remain, it is crucial to start the process well in advance of your current leave expiring. The application process involves demonstrating that the reasons for granting the initial leave still apply, or that new circumstances have arisen which justify an extension.
To support your application, you will need to gather substantial evidence. This may include medical reports, witness statements, and documentation of any significant changes in your circumstances. The more comprehensive and detailed your evidence, the stronger your application will be.
The Application Process
- Application Form: The application to extend discretionary leave to remain is made using Form FLR(DL). This form requires detailed information about your personal circumstances, the reasons for your initial grant of DLR, and any changes or new developments since your last application.
- Supporting Evidence: Along with the application form, you must submit supporting evidence. This evidence should address the reasons for your initial grant of DLR and any new circumstances that support your request for an extension. Ensure all documents are up-to-date and clearly demonstrate your current situation.
- Application Fee: There is an application fee for extending DLR, which must be paid at the time of submission. Fee waivers may be available in certain circumstances, particularly for those facing financial hardship.
- Biometric Information: You will need to provide biometric information, including fingerprints and a photograph. This can be done at a designated UK Visa and Citizenship Application Services (UKVCAS) center.
- Submission and Waiting Period: Once your application is submitted, you will receive a confirmation. The processing time can vary, but you should prepare for a waiting period that may last several months. During this time, you may be contacted for additional information or to attend an interview.
Legal Advice and Assistance
Given the complexities involved in extending discretionary leave to remain, it is highly recommended to seek legal advice or assistance from an immigration specialist. A professional can help ensure that your application is thorough and accurate, and can provide guidance on presenting the strongest possible case.
Possible Outcomes
If your application is successful, you will be granted an extension of DLR, typically for another period of up to three years. It is important to keep in mind that DLR does not automatically lead to indefinite leave to remain (ILR); however, after a continuous period of ten years with DLR, you may be eligible to apply for ILR.
If your application is refused, you may have the option to appeal the decision or apply for a judicial review. In such cases, professional legal assistance is invaluable to navigate the appeal process and improve your chances of a favorable outcome.
Conclusion
Extending discretionary leave to remain requires careful preparation, thorough documentation, and often, professional legal guidance. By understanding the requirements and taking proactive steps to present a compelling case, you can increase the likelihood of a successful outcome. Always start the process well in advance, ensure all documentation is accurate and comprehensive, and consider seeking expert advice to navigate the complexities of the application process effectively.
