Discretionary Leave to Remain 10 Year Route

What is Discretionary Leave to Remain (10 Years Route)?

Discretionary leave to remain grants an extended period of time for the applicant to remain in the UK. It might be an option for you if you are not eligible for refugee status or humanitarian protection but face exceptional and compassionate circumstances.

This is a type of limited leave, and the exact amount of time you can spend in the UK will depend on your situation. To be eligible, you will generally need to demonstrate the existence of exceptional and compassionate circumstances. You will also need to provide evidence of these circumstances in support of your claim; if you believe you are eligible because returning to your home country would breach your human rights, for example, you would need to provide evidence of this.  

If you were granted discretionary leave to remain from the 9th July 2012 and onwards, you are on the 10-year route to indefinite leave to remain. This means that you will need to live continuously and legally in the UK for at least 10 years before you are eligible for permanent settlement. 

Eligibility Criteria for Discretionary Leave to Remain

Whilst there is no fixed list of circumstances in which discretionary leave to remain will be granted, you may be eligible if one of the following situations applies to you: 

• Medical considerations: If you have substantial medical reasons for wishing to stay in the UK, you may be able to apply for discretionary leave to remain on the grounds that returning to your home country would breach your human rights under the ECHR
• Other breaches of the ECHR: If returning you to your home country would breach the ECHR for reasons other than medical considerations, you may also be eligible to apply for discretionary leave to remain 
• Exceptional circumstances: This may apply, for example, if you have exhausted all other routes to remaining but are able to demonstrate reasons why you have been unable to voluntarily leave the UK 
• Modern Slavery- If you have been a victim of human trafficking or modern slavery, you may be eligible for discretionary leave to remain in the UK 

Application Process for Discretionary Leave to Remain

Applications for discretionary leave to remain should be made on the UK government website. All required documents should be provided at this point. In some cases, applicants will also be required to pay an application fee. 

Applicants should also make an appointment to provide their biometric information (their fingerprints and photograph). 

Once you have submitted your application, it will then be processed. Note that applications for discretionary leave can often take a number of months to process, depending on the complexity of the case and whether further evidence is required. If further evidence is requested, make sure to provide this as quickly as possible to avoid further delays to the process.

What Documents Will I Require?

The exact documents which you require will vary depending on your particular circumstances and on the nature of your application for discretionary leave. However, some variation of the following documents will generally be necessary: 

• Valid ID 
• Travel documents 
• Proof of exceptional medical grounds for staying in the UK (if applicable) 
• Proof that being returned to your home country would result in a breach to your human rights under the ECHR

When applying for discretionary leave, it is essential that you prove that you have exceptional circumstances which justify the granting of leave to remain in the UK. If you are unable to provide sufficient evidence that your circumstances are exceptional, your application will not be successful. 

Can Discretionary Leave Lead to Indefinite Leave (Permanent Settlement)?

Discretionary leave to remain can sometimes provide a route to indefinite leave to remain in the UK (permanent settlement). If you wish to apply for indefinite leave to remain, you will need to satisfy the following eligibility criteria: 

• If you were granted discretionary leave on or before 8th July 2012, you can apply for indefinite leave after 6 years of living legally and continuously in the UK. 
• If you were granted discretionary leave from 9th July 2012, you can apply for indefinite leave after 10 years of living legally and continuously in the UK. 

Note that, in both cases, legal and continuous residence in the UK for some period of time is required.

If you are successful in obtaining indefinite leave, this means that you can settle permanently in the UK. You will not need to apply for further extensions to your leave to remain. You may also wish to apply for British citizenship, which will allow you to obtain a British passport and to vote in UK elections. 

However, note that being granted one period of discretionary leave to remain does not mean that you will be granted further extensions. As such, discretionary leave does not provide a definite path to permanent settlement in the UK, nor to British citizenship. 

Can Discretionary Leave be Withdrawn (Curtailed) Early?

In some cases, the Home Office may choose to end (curtail) your discretionary leave earlier than the period which was originally granted. There are a number of circumstances in which this might occur, such as: 

• If you engage in criminal activity 
• If you are deemed to be a threat to national security 
• If it is discovered that you initially entered the UK, or gained discretionary leave, via fraudulent means 
• If there is a change in your circumstances such that the leave to remain in no longer necessary 

In such cases, you will likely be expected to leave the UK.

What If My Application to Extend My Discretionary Leave is Unsuccessful?

Being granted initial discretionary leave to remain in the UK does not guarantee that future applications to extend your leave will be successful. However, you may still be eligible to remain in the UK under other routes. For instance, it may be deemed that you have grounds to remain in the UK on the basis of your human rights, due to reasons of private and family life, even if you do not otherwise satisfy the discretionary leave requirements. 

However, the immigration rules surrounding the granting of further leave are highly dependent on the circumstances in question, and the decision is ultimately at the discretion of the Home Office. If your application to extend your discretionary leave has been unsuccessful, contact IAS today on +44 (0)333 414 9244 to learn more about why your application may have been unsuccessful and to receive advice on your next steps. 

How can IAS help

In cases where other routes to remain in the UK have been exhausted but you face exceptional and compassionate circumstances, you may be eligible for discretionary leave to remain. This generally means that you will be able to remain in the UK for up to 2 and a half years, with the possibility of an extension once this period ends. However, the immigration rules surrounding indefinite leave to remain are often complicated, and heavily dependent on the circumstances of the applicant in question.

At IAS, we have many years of experience in advising on cases like this. Our legal experts are able to assist you with the entire process, from assessing whether you are likely to be eligible in the first place to helping you navigate the application. Contact us today on +44 (0)333 305 9375 to learn more about how we can help you make the process as smooth as possible.